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County court claim form for unpaid pcn

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  • County court claim form for unpaid pcn

    Hi

    I am looking for some advice on my county court claim form for an unpaid pcn from civil enforcement.
    The violation took place on the 25/7/2019 the vehicle entered the car park at 5:06 am and exited at 7:38 am the car park was time limited to 90 minutes but was empty at the time and the business was not yet open.
    The was parked for work purposes working on an emergency cctv fault for the local council.
    The defendants name on the claim form is the registered keeper however they were not the driver of the vehicle at the time of the violation.
    All previous correspondence with civil enforcement have been ignored.
    My questions are on the county court claim form acknowledgement of service do I enter the drivers name as the defendant and has I have no intention of settling with the company is my defence of unfair charges for overstay on an empty car park where the business is not yet open and as a consequence has not incurred any losses due to the overstay a valid defence.
    All responses very much appreciated
    Tags: None

  • #2
    Only the defendant can respond to the claim form. The defence will get you nowhere. So why is the registered keeper not responding? Perhaps the full story would help, even posting up the redacted PCN.

    Comment


    • #3
      The registered keeper has not previously responded to any correspondence regarding the pcn as they have read on another forum to ignore all correspondence until they receive a county court claim and to also never reveal the identity of the driver as it is up to the other company to prove is this correct ?

      Comment


      • #4
        Ignore has not been the advice since 2012. They don't have to identify the driver, they can transfer liability to the keeper, but only if they comply with the requirements of Schedule 4 of the Protection of Freedoms Act 2012.

        so, again, can you post up the redacted PCN

        Comment

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