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PNC Claim form

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  • PNC Claim form

    Hello,

    I would really appreciate some help with the following claim form details, many thanks

    I have received a claim

    Issue Date: 27 April 2021

    Have you Acknowledged the Claim?: I have just sent the acknowledgement of service

    Total Amount Claimed : £1100

    Claimant’s Name: Highview Parking Limited

    Solicitors Firm: DCB Legal LTD

    Particulars of Claim:

    1. The defendant is indebted to the claimant for a parking charge(s) issued to the vehicle xxxxxx at xxxxxx.
    2. The PCN details are xx/xx/xxx, xxxxxxxxxxx, xx/xx/xxx, xxxxxxxxxxx, xx/xx/xxx, xxxxxxxxxxx, xx/xx/xxx, xxxxxxxxxxx.
    3. The PCN(s) was issued on private land ownership or managed by C. The vehicle was parked in breach of the Terms on Cs signs (the Contract), thus incurring the PCN(s).
    4. The driver agreed to pay within 28 days but did not. D is liable as the driver or keeper. Despite requests, the PCN(s) is outstaying. The Contract entitles C to damages.

    AND THE CLAIMANT CLAIMS
    1. £xxx being the total of the PCN(s) and damages.
    2. Interest at a rate of %8 per annum pursuant to s69 of the County Courts Act 1984 from the date hereof at a daily rate of £0.14 until judgement or sooner payment.
    3. Costs and court fees.

    Is the debt Statute Barred (have you had any contact with the creditor or claimant over the last 6 years?): No

    List any letters you have sent: I have sent a CPR 31.14 request letter as per your shortcut

    Any Other Information or Background Details:

    We have requested the the Terms and the Contract within the CPR.

    This is for 4 PCNs in 2016 in the same car park over a 5 month period. It was my wife who received them and she cannot recall the particulars of the claim because it was over 4 years ago. She likely overstayed each time.


    I wanted to know that if you make a defence, what follows on from this. If they respond to the defence can you still say the fine or does this mean you will end up going to court? Is it always worth putting in a defence?

    I do recall making a defence for myself previously and the claimant didn’t respond in the allotted time and no further action was taken as they would have had to pay a fine in order to continue.

    Many thanks again
    Tags: None

  • #2
    ostell

    Comment


    • #3
      Really need details of the PCNs and the signage.

      SAR to the parking company

      Comment


      • #4
        Thank you, I will send a SAR request to the parking firm.

        Should they send details of the signage and PCNs at the time of the offences.

        my wife no longer has the PCNs as they were from over 4 years ago. I don’t know if the signage will have now changed since the PCNs were issued.

        many thanks

        Comment


        • #5
          See what the signs currently say. Google street view and see if the go back will show you the signs then.

          If it is for more than £100 per ticket then read this:
          https://www.dropbox.com/s/16qovzulab...inson.pdf?dl=0

          and work it into your defence.

          CPR 31.14 request to DCB Legal to see if they will supply details. Be prepared to send the second letter to them. You will complain in your defence if they do not supply details.

          Comment


          • #6
            This was DCB Legals response to my CPR 31.14 when I requested the contract and terms.:

            We write further to your request for evidence.

            as a claim has been issued we can accept payment in the sum of £1053.39. If you are not looking to make payment, we would recommend you respond to the court documentation.

            In due course, the Court will order that both parties are file and service all evidence they intend to rely on. We confirm you will therefore receive all relevant evidence in advance of the hearing.

            should I reply to this?

            many thanks

            Comment


            • #7
              This is a link showing the parking signs that were probably there at the time the PNCs were issued.

              https://mobile.twitter.com/Urban_Exc...434688/photo/1

              Comment


              • #8
                So you send the second part of the CPR 31.14 template to DCBL

                In your defence you state that the incomplete Particulars of Claim prevent you submitting a full defence and the solicitor has refused requests to provide the details of the claim in order to narrow the issue between you. You request permission to amend your defence when the details are given, with the claimant meeting the cost.

                Comment


                • #9
                  Thank you much appreciated.

                  Comment


                  • #10
                    Hello,

                    I sent in the send the second part of the CPR 31.14 and the 2xSAR to the parking company without reply. Our defence is due on 31 May. What would you advise going forwards?

                    Many thanks

                    Comment

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