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    • manutd99
    • By manutd99 10th Dec 16, 5:42 PM
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    manutd99
    NWCP Car Parks - Claim Form
    • #1
    • 10th Dec 16, 5:42 PM
    NWCP Car Parks - Claim Form 10th Dec 16 at 5:42 PM
    I received a Windscreen ticket from NWCP car parks on 23rd Oct. I chose to ignore it at the time as thought nothing of it. Today I received a Notice to Keeper (dated 9th Dec). I believe you appeal on day 26 after receiving the windscreen PCN. I have read the letter and there is no mention of a windscreen ticket (dont think so anyway)

    In the appeals section it says "In the event that you wish to dispute liability for this parking charge, within 21 days (beginning with the day after that on which this notice is given.

    How do I proceed as you have to appeal within 28 days of the PCN ticket but as there is no mention of the ticket on the notice to keeper I presume I can still appeal as it says within 21 of this notice. Also mentions 28 days further down the paragraph.

    Do I just go ahead and send the letter in the NEWBIES thread?
    Last edited by manutd99; 08-04-2017 at 12:02 AM.
Page 3
    • manutd99
    • By manutd99 21st Apr 17, 5:22 PM
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    manutd99
    Email the defence (one PDF, no attachments or evidence at this stage) to:

    ccbcaq@hmcts.gsi.gov.uk

    Copy yourself in to ensure its sent ok. Ring the court to confirm receipt.


    No and nor does post #2 of the NEWBIES thread tell you to use MCOL again, only for the AOS. Not for the defence.
    Originally posted by Coupon-mad
    As it will be a PDF document does it need a signature? Can you insert your name as your signature?

    No attachments - So does that mean I do not refer to my sign? Do I not include my sign as document? so just the PDF and nothing else. That would mean editing my defence to remove any references.
    • manutd99
    • By manutd99 21st Apr 17, 5:24 PM
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    manutd99
    In mine years back I was done in a "no parking at all, authorised vehicles only" area.

    I argued in my (successful) appeal that there is no actual difference between an authorised and unauthorised vehicle, when it comes to loss!!

    How does an authorised vehicle cause no loss, but an unauthorised one suddenly causes them loss, a parked vehicle either causes a loss or it does not regardless of permission.
    This proves that unathorised vehicles do not cause loss, and the charge is punative and a penalty and does not arise from any loss!!
    Originally posted by misterbarlow
    Did yours go to court or once you submitted Defence they cancelled charge?

    Unsure what my chances are. Will it go to court or not. Unsure
    • Coupon-mad
    • By Coupon-mad 22nd Apr 17, 12:40 AM
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    Coupon-mad
    You can refer to the sign but not attach pics at this stage. I would print off the final page and sign and date it and scan that copy to include as well as the PDF version, to show the court the defence is signed.

    misterbarlow is talking about an old case from years ago but arguing 'no loss' is not an option now.
    PRIVATE PCN in England/Wales? DON'T PAY BUT DO NOT IGNORE IT

    Click on the trail, top of this page: Home>>Forums>Household & Travel>Motoring>Parking Tickets, Fines & Parking - read the 'NEWBIES' FAQS thread!
    DON'T read old advice to ignore, unless in Scotland/NI.

    • manutd99
    • By manutd99 26th Apr 17, 5:40 PM
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    manutd99
    Submitted defence this morning. As it was on the last day I rang to enquire and they have advised they have received. They have sent out the Directions Questionnaire.

    Is it worth sending an email to the parking company and asking them if they will go to court or not? Could say please find attached my Defence Statement. Appreciate if you can cancel the PCN. Is it worth asking that or just leave as is?
    • Coupon-mad
    • By Coupon-mad 26th Apr 17, 6:02 PM
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    Coupon-mad
    Nope, leave it - in any case, that is too polite and they won't cancel right now. They will get the defence statement from the CCBC and you will later get another chance to push the matter of the defence, in your Witness Statement prior to any hearing. So leave it till a stage where you are responding with paperwork, to a court deadline.

    All procedures are explained by bargepole in links in post #2 of the NEWBIES thread.
    PRIVATE PCN in England/Wales? DON'T PAY BUT DO NOT IGNORE IT

    Click on the trail, top of this page: Home>>Forums>Household & Travel>Motoring>Parking Tickets, Fines & Parking - read the 'NEWBIES' FAQS thread!
    DON'T read old advice to ignore, unless in Scotland/NI.

    • Coupon-mad
    • By Coupon-mad 9th Jul 17, 4:04 PM
    • 48,133 Posts
    • 61,575 Thanks
    Coupon-mad
    Submitted defence this morning. As it was on the last day I rang to enquire and they have advised they have received. They have sent out the Directions Questionnaire.

    Is it worth sending an email to the parking company and asking them if they will go to court or not? Could say please find attached my Defence Statement. Appreciate if you can cancel the PCN. Is it worth asking that or just leave as is?
    Originally posted by manutd99
    Presumably you have a court date now, and a deadline to file your Witness Statement and evidence?

    Did you see this, unless this was your case?

    http://parking-prankster.blogspot.co.uk/2017/06/nw-car-park-golden-duck-in-first-court.html

    PRIVATE PCN in England/Wales? DON'T PAY BUT DO NOT IGNORE IT

    Click on the trail, top of this page: Home>>Forums>Household & Travel>Motoring>Parking Tickets, Fines & Parking - read the 'NEWBIES' FAQS thread!
    DON'T read old advice to ignore, unless in Scotland/NI.

    • manutd99
    • By manutd99 11th Jul 17, 2:53 PM
    • 373 Posts
    • 92 Thanks
    manutd99
    Presumably you have a court date now, and a deadline to file your Witness Statement and evidence?

    Did you see this, unless this was your case?

    http://parking-prankster.blogspot.co.uk/2017/06/nw-car-park-golden-duck-in-first-court.html

    Originally posted by Coupon-mad
    Thanks. Just read. It wasn't my case. I received a letter from the court saying they had struck out the case as they had not submitted any paperwork. Have seen several of these with a same judge (Judge Anson) doing same letter for other cases. Have found copy of letter from parking prankster website (not my letter)

    https://www.dropbox.com/s/nhzp55x6viq8jkr/struck%20out.jpg?dl=0

    They had until a certain date to submit the contract and explanation of how charges arose with statement and signature by end of June. It also said once they have submitted I will be given a chance to submit another defence

    They provided the information within a couple of days with statement of truth and signature.

    The documents included were pictures of car, letters sent to me asking for payment and copy of contract (post 23) I posted in one of earlier posts.

    Their statement was a timeline of events, information and arguments related to my Defence.

    Just a couple things I want to point out and want opinions on weather its relevant or not to help my case.

    1) The statement of truth has a signature and besides the signature it says (on behalf of NW Car Parks LTD). Name of person who signed is not present. It is dated.

    Is this something to go by? Is the name of person a requirement?

    2) The contract (post 23) refers to land at the back of church street. There is no reference or outline of this land. The land could be any land.

    3) If you check my post where I can posted the contract (post 23) it had 3 pages. Page 3 is clause 7. I have only just noticed page 3 was not included in the pack. I did not notice at the time therefore unsure if it has been mis-placed and have received. Guessing this is crucial. If they have not submitted the full contract and page 3 has not been submitted I presume this could go in my favour unless they bring to court. Please advise what this means to me. I could mention in an amended defence.

    I am yet to receive any further correspondence therefore no court date and no correspondence asking for a new defence.

    Going by the court case above it seems they will attend court. Yes they lost as they did not submit a witness statement. They will now be prepared so doubt they will make the same mistake again.

    Was hoping and still hope it doesn't go to court as playing on my mind too much at present.
    • Coupon-mad
    • By Coupon-mad 11th Jul 17, 4:05 PM
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    Coupon-mad
    Great.

    I would write to Judge Anson and ask if the case remains struck out, since:

    1) The statement of truth has a signature and besides the signature it says (on behalf of NW Car Parks LTD). Name of person who signed is not presented, so the statement of truth has not been signed by a legal person.

    2) The contract refers to land at the back of church street. There is no reference or outline of this land. The land could be any land and there is no evidence of where the car was parked, the vague photos showing no valid information giving rise to a claim in law.

    3) It appears they have not submitted the full contract with the landowner.*


    * be vague
    PRIVATE PCN in England/Wales? DON'T PAY BUT DO NOT IGNORE IT

    Click on the trail, top of this page: Home>>Forums>Household & Travel>Motoring>Parking Tickets, Fines & Parking - read the 'NEWBIES' FAQS thread!
    DON'T read old advice to ignore, unless in Scotland/NI.

    • manutd99
    • By manutd99 11th Jul 17, 5:07 PM
    • 373 Posts
    • 92 Thanks
    manutd99
    Great.

    I would write to Judge Anson and ask if the case remains struck out, since:

    1) The statement of truth has a signature and besides the signature it says (on behalf of NW Car Parks LTD). Name of person who signed is not presented, so the statement of truth has not been signed by a legal person.

    2) The contract refers to land at the back of church street. There is no reference or outline of this land. The land could be any land and there is no evidence of where the car was parked, the vague photos showing no valid information giving rise to a claim in law.

    3) It appears they have not submitted the full contract with the landowner.*


    * be vague
    Originally posted by Coupon-mad
    Do I just write a letter as I would write a letter to someone or will need it need to be in a particular/special/legal format?

    Do I keep the letter simple as per above? You say vague. shall I write page 2 of the contract refers to clause 7 but I do not see a clause 7 as obviously I'm sure your referring to vague as not mentioning there is a page 3.
    • Coupon-mad
    • By Coupon-mad 11th Jul 17, 5:37 PM
    • 48,133 Posts
    • 61,575 Thanks
    Coupon-mad
    Just a normal letter with the claim number at the top and marked for the personal attention of DJ Anson.

    shall I write page 2 of the contract refers to clause 7 but I do not see a clause 7
    Yes, that sounds reasonable.
    PRIVATE PCN in England/Wales? DON'T PAY BUT DO NOT IGNORE IT

    Click on the trail, top of this page: Home>>Forums>Household & Travel>Motoring>Parking Tickets, Fines & Parking - read the 'NEWBIES' FAQS thread!
    DON'T read old advice to ignore, unless in Scotland/NI.

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