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Less than 5 minutes a valid reason to refuse to pay a PCN?

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Comments

  • Skewiff
    Skewiff Posts: 31 Forumite
    First Post Combo Breaker First Anniversary
    I have to submit a defence first, tell them to use my local court and so on before a court date appears Im sure. Apologies if I over -egged it before. I meant to show that this is moving to a phase that involves the court.


    So 28 days from the beginning of the month to submit the defence, so that this progresses to next phase.
  • Coupon-mad
    Coupon-mad Posts: 131,454 Forumite
    Name Dropper First Post Photogenic First Anniversary
    Skewiff wrote: »
    https://1drv.ms/i/s!AqJ5vNWGO3GbhPoA9VP5Js0uzf0EnQ

    So, 28 days from the 3rd I believe : As my daughter would say, the 31st November :)

    https://1drv.ms/f/s!AqJ5vNWGO3GbhPoDPNI-pvoJ-STfRQ
    Hopefully shows the signs, which are of hard to read font size. The car image shows the ramshackle nature of the parking here. The car park is by Halfords in Broadwater.

    I will take a look at your links later.

    Skewiff wrote: »
    I have to submit a defence first, tell them to use my local court and so on before a court date appears Im sure.

    So 28 days from the beginning of the month to submit the defence, so that this progresses to next phase.
    You actually have 28 days plus up to 5 for service, but yes, end of the month (as long as you have acknowledged service).

    Spook104 has just updated his defence for comments today. That may assist you!

    As for what happens when, bargepole's summary linked in the NEWBIES thread under 'Small Claim' is the bible to follow.
    PRIVATE 'PCN'? DON'T PAY BUT DON'T IGNORE IT (except N.Ireland).
    CLICK at the top of this/any page where it says:
    Forum Home»Motoring»Parking Tickets Fines & Parking - read the NEWBIES THREAD
  • Skewiff
    Skewiff Posts: 31 Forumite
    First Post Combo Breaker First Anniversary
    So - Capital 2 Coast have a "Final Gazette dissolved via compulsory strike off" on 20th September. I received the information from them that they had sold my debt to MIL in October ... Does this help me by invalidating their right to sell my details or transfer my debt?


    https://beta.companieshouse.gov.uk/company/06659495/filing-history
  • Coupon-mad
    Coupon-mad Posts: 131,454 Forumite
    Name Dropper First Post Photogenic First Anniversary
    edited 23 November 2016 at 10:50PM
    Skewiff wrote: »
    So - Capital 2 Coast have a "Final Gazette dissolved via compulsory strike off" on 20th September. I received the information from them that they had sold my debt to MIL in October ... Does this help me by invalidating their right to sell my details or transfer my debt?

    https://beta.companieshouse.gov.uk/company/06659495/filing-history

    As far as I could find with a bit of searching, under section 1012 (1) of the Companies Act 2006, when a company is dissolved all of its property and rights pass to the Crown and the assets (if any) are not those of the company because it no longer exists as a legal entity.

    Might be worth you posting your question on another MSE forum about dissolved companies and assets - the insolvency forum board probably has expert posters. Maybe ask fermi who has a similar post-count and MSE history to me:

    http://forums.moneysavingexpert.com/showthread.php?t=5443677

    HTH
    PRIVATE 'PCN'? DON'T PAY BUT DON'T IGNORE IT (except N.Ireland).
    CLICK at the top of this/any page where it says:
    Forum Home»Motoring»Parking Tickets Fines & Parking - read the NEWBIES THREAD
  • HO87
    HO87 Posts: 4,296 Forumite
    Hold your horses.

    The company that has been dissolved is Capital to Coast Security Ltd. This is not the company involved in the "assignment" of old PCN debts to MIL. That company is: One Parking Ltd t/a Capital 2 Coast Parking Management. That company is listed as "active" at CH or at least One Parking Ltd is (who can choose to operate under any trading title they like).
    My very sincere apologies for those hoping to request off-board assistance but I am now so inundated with requests that in order to do justice to those "already in the system" I am no longer accepting PM's and am unlikely to do so for the foreseeable future (August 2016). :(

    For those seeking more detailed advice and guidance regarding small claims cases arising from private parking issues I recommend that you visit the Private Parking forum on PePiPoo.com
  • Coupon-mad
    Coupon-mad Posts: 131,454 Forumite
    Name Dropper First Post Photogenic First Anniversary
    Yep, concentrate on the usual MIL defence style, adding in some issues about the parking firm too - e.g. suggest that One Parking had no landowner authority and that under the KADOE contract with the DVLA, they were prohibited from sharing keeper's data with a third party like MIL so this alleged 'assignment' is not lawful on a DPA breach basis, too.

    Email the DVLA to ask which firm obtained your data in the month or two after the date of that parking event. Do that enquiry quickly. It might show it wasn't 'One Parking'.

    Those signs are illegible because the words are so small - the picture shown against the size of your phone suggests the lettering is tiny, not suited to outdoor signage intended to be read/form a contract. The pic of the broken sign is good too, as are the 'whole site' ones and the dumping ground which give no impression of professionally managed private land, and there is no entrance signage or warning.
    PRIVATE 'PCN'? DON'T PAY BUT DON'T IGNORE IT (except N.Ireland).
    CLICK at the top of this/any page where it says:
    Forum Home»Motoring»Parking Tickets Fines & Parking - read the NEWBIES THREAD
  • Skewiff
    Skewiff Posts: 31 Forumite
    First Post Combo Breaker First Anniversary
    confirmation received back from DVLA, MIL havent requested my details from them (and likely wouldnt be allowed to , they infer). One Parking LTD did request my information, and were supplied my details.
  • Coupon-mad
    Coupon-mad Posts: 131,454 Forumite
    Name Dropper First Post Photogenic First Anniversary
    OK. Have you got the original FCN? Which company number appears at the bottom?
    PRIVATE 'PCN'? DON'T PAY BUT DON'T IGNORE IT (except N.Ireland).
    CLICK at the top of this/any page where it says:
    Forum Home»Motoring»Parking Tickets Fines & Parking - read the NEWBIES THREAD
  • Skewiff
    Skewiff Posts: 31 Forumite
    First Post Combo Breaker First Anniversary
    Would you believe I cant find the original PCN? Silly , I know, but after so many months of not being responded to, it got "filed" : (

    Im going to press on with a defence tomorrow regardless, I will grab a defence from another thread and then try and find evidence that less than 5 minutes is viable. Im going to focus on MIL , their history and their lack of rights regarding gaining my personal details.
  • Coupon-mad
    Coupon-mad Posts: 131,454 Forumite
    Name Dropper First Post Photogenic First Anniversary
    Show us your draft defence and we will assist to make sure nothing is missed.

    Do not reply to any poster with less than 1000 posts offering to help off-forum.
    PRIVATE 'PCN'? DON'T PAY BUT DON'T IGNORE IT (except N.Ireland).
    CLICK at the top of this/any page where it says:
    Forum Home»Motoring»Parking Tickets Fines & Parking - read the NEWBIES THREAD
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