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Court claim penalty letter

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  • Court claim penalty letter

    Hi!

    I have received a letter from county court of Northampton stating that I have failed to pay a PCN all the way from October 2019. The claimant is UK Parking Patrol Office. Does anyone know how to appeal this on POPLA, if it is eligible for an appeal and if it's even possible to get this letter genuinely after almost 2 years of the original date of the PCN?

    I would highly appreciate a response as I must respond to the claim shortly and I don't want the amount to be paid to increase even more.

    Thank you!
    Tags: None

  • #2
    It's well past appealing at POPLA, you are in the county court system and it's going in front of a judge.

    So post up the original Notice to Keeper you received.

    If you have no documents then
    SAR to the parking company
    CPR 31.14 request to the solicitors.

    Acknowledge the claim on day 5 or shortly after using the details and password on the form. Nothing in the defence. This gives you 33 days from date of issue to get your defence to the court.

    They have 6 years to start a claim.

    Comment


    • #3
      Hi!

      I sent a SAR to the parking company. But I don’t know of any letters received beforehand for the cause of this penalty, I can’t attach any copies as I don’t have any letters.

      I also acknowledged the penalty to the court and I chose to defend all of it. If I state I didn’t receive letters about this, do you reckon this is an acceptable reason to appeal against the full amount?

      Comment


      • #4
        CPR 31.14 Request send to solicitors proof of posting obtain and attach to your file copy of request, only ask for the items listed on the claim form for now

        Comment


        • #5
          It's not a penalty, it's a claim for sums agreed for a breach of contract

          Comment


          • #6
            I received the SAR from the parking company. They showed all the letters posted to me, and after ignoring all of them, is there any chance to appeal to the court or is there any way to reduce the fee to pay or do I have to pay it all in this case?

            Comment


            • #7
              Can't tell what you can defend with as you haven't posted any details. The first thing is post up the original NTK, suitably redacted but leave dates. Some pictures if the signs would help. Do not identify the driver

              Comment


              • #8
                Are these what you need?
                Attached Files

                Comment


                • #9
                  So part of your defence will be that they have not complied with the requirements of POFA to hold you, the keeper liable. The failed to give period of parking 9 (2) (a) and no invitation to keeper as mandated by 9 (2) (e).

                  photos of the signs would help. Some in daylight or flash so that the can be read, others without flash at the same time after sunset that the car was parked to see if they were visible at night

                  for excessive charges work this into your defence: https://www.dropbox.com/s/16qovzulab...inson.pdf?dl=0

                  Comment

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