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Advice req over PCN, Court Papers

tobeloy
tobeloy Posts: 109 Forumite
Part of the Furniture 10 Posts Combo Breaker
in Parking tickets, fines & parking
Hi,

I received a PCN from Devere parking services whilst parked at a shopping centre in Bournemouth. I parked in a disabled bay as my passenger who is in a wheelchair requires a lot of roomand assistance to exit the car. He did not have any Blue Badges to display and after returning 15 mins later I had a ticket on my car.

I had looked at some of the advice on here regarding these pcn and that they are not enforceable and that not to pay and ignore it which I have done however I have been issued with County Court papers today for small claims and I am not sure what to do next as I have only 14 days to respond.

Any advice would be appreciated
«13

Comments

  • surfboy1
    surfboy1 Posts: 345 Forumite
    Are the court papers genuine?
    Is there any way you could post a copy of them on this forum with all personal details removed?
  • BASFORDLAD
    BASFORDLAD Posts: 2,418 Forumite
    edited 4 January 2013 at 3:17PM
    Your first move is to register and post on pepipoo.

    Then acknowledge service of the claim today online, selecting the defend in full option and asking for the extra 28 days to reply,

    Also on here coupon_mad is an expert in this area regarding the equality act, she should be sent a pm!
    For everthing else there's mastercard.
    For clampers there's Barclaycard.
  • keithrgj
    keithrgj Posts: 162 Forumite
    is it an N1 county court blue form
    does it have the court seal in the top left hand side

    is it issued out of the northampton combined county court
  • keithrgj
    keithrgj Posts: 162 Forumite
    BASFORDLAD wrote: »
    Your first move is to register and post on pepipoo.

    Then acknowledge service of the claim today online, selecting the defend in full option and asking for the extra 28 to reply,

    you have 14 days to acknowledge, plus 5 days from service if issued out of northampton use that time for research
  • peter_the_piper
    peter_the_piper Posts: 30,269 Forumite
    Part of the Furniture 10,000 Posts Name Dropper
    Do not respond to emails or private mail(PM) from anyone other than long established poster on here or pepipoo. It is not unknown for the dark side to muddy the waters.
    When did you get the original ticket?
    Did you appeal?
    I'd rather be an Optimist and be proved wrong than a Pessimist and be proved right.
  • BASFORDLAD
    BASFORDLAD Posts: 2,418 Forumite
    keithrgj wrote: »
    you have 14 days to acknowledge, plus 5 days from service if issued out of northampton use that time for research

    You should always go for the extra time x
    For everthing else there's mastercard.
    For clampers there's Barclaycard.
  • ManxRed
    ManxRed Posts: 3,530 Forumite
    Can you use an address outside of Bournemouth, so that when the case is allocated to your local court it isn't Bournemouth or Poole?

    I'm not alleging any wrongdoing with the legal bods/judges at Bournemouth or anything, but well...
    Je Suis Cecil.
  • fivetide
    fivetide Posts: 3,811 Forumite
    Tenth Anniversary 1,000 Posts Combo Breaker
    surfboy1 wrote: »
    Are the court papers genuine?
    Is there any way you could post a copy of them on this forum with all personal details removed?


    It does seem very unlikely for them to have done it. I'd go with this first. Have you established they are genuine? It isn't unknown for some of these lovely lovely companies to make their material look like something it isn't... say a fine for example!

    If they are kosher then do as advised already.
    What if there was no such thing as a rhetorical question?
  • spacey2012
    spacey2012 Posts: 5,836 Forumite
    Part of the Furniture 1,000 Posts Combo Breaker
    Fill them in defend all the case.
    then file a counter claim for £5000 Compensation damages for harassment and failure to make adjustments under the Disability Discrimination act and equalities act:
    That due to not making correct provisions for your disabled passenger The Landowner and parking company have failed in statutory duty to make reasonable adjustments for the disabled person travelling (medical details and statement provided) That by thus seeking to charge financial damages and unlawful penalties to the Disabled Person and they carer they have brought harassment upon both parties (details attached)
    That the case filed by parking company is also defended upon the basis that they have no right of Audiance to bring trespass tort claims upon land they do not own and in any event these damages claims are an unlawful penalty charge and not a pre-requisite estimation of damages suffered by either party.
    That the parking company acting as agents to the landowner are attempting to enforce road traffic regulations with respect to Blue parking badges that have no effect upon private land, therefore no penalty can be payable,
    I request the court here my defence and consider my counter claim for failure to make amendments for my passenger under the stated acts and subsequent harrasment in their demand for monies and illicit contractual penalties.


    Send it back and watch them drop the case like a hot brick.
    Be happy...;)
  • Coupon-mad
    Coupon-mad Posts: 159,639 Forumite
    Part of the Furniture 10,000 Posts Name Dropper Photogenic
    ManxRed wrote: »
    Can you use an address outside of Bournemouth, so that when the case is allocated to your local court it isn't Bournemouth or Poole?

    I'm not alleging any wrongdoing with the legal bods/judges at Bournemouth or anything, but well...



    Seconded. Use a family address outside of Bournemouth. You do NOT want this heard in Bournemouth/Poole. You only have to search pepipoo to find out why, anyway you do need to post for help there:

    http://forums.pepipoo.com/index.php?showforum=60

    Get a post up there now - and only reply to a pm from a very long-term poster there like Wageslave or Alexis or Bama or others with thousands of posts.
    PRIVATE 'PCN'? DON'T PAY BUT DON'T IGNORE IT (except N.Ireland).
    CLICK at the top or bottom of any page where it says:
     Home»Motoring»Parking Tickets Fines & Parking - read the NEWBIES THREAD
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