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  • FIRST POST
    • OG1987
    • By OG1987 13th Jun 17, 1:55 PM
    • 3Posts
    • 1Thanks
    OG1987
    PCN Court summons preparation
    • #1
    • 13th Jun 17, 1:55 PM
    PCN Court summons preparation 13th Jun 17 at 1:55 PM
    Below is my initial defence of this ticket. Looking at some posts Ive made some rookie mistakes and accepted that i was the driver and registered keeper... If i do receive a date in court it represent myself, how do i face the best chance of having this claim overturned? I have all email strings to date available.

    I have disputed this PCN with the claimant and as they have not
    given sufficient evidence that the ticket was issued legally (I
    believe that they are guilty of entrapment) I refuse to pay until
    an independent authority commands it, at which time I believe that
    the original fine of £60 would be appropriate, not the inflated
    £253.78.

    I moved into *********** on the 01AUG2015 and was guaranteed
    a parking space as part of the tenancy contract. I was informed
    that parking enforcement would come into force on 02NOV2015. I
    was in the process of applying for a permit on the 25OCT2015 when
    I realised that the address on my V5 log book (required for
    application) had not been updated to my current address. I
    immediately emailed my property manager with the details of my car
    (whom we had been instructed to contact regarding parking/parking
    permit applications etc. and asked for a temporary parking permit
    while my V5 was in the process of being updated) I then posted my
    V5 to the DVLA to be amended.

    Some background on my situation, at the time I was an Apprentice
    Analytical Scientist working for GSK in Ware. I typically left my
    house at 7:30am and did not return until 7:30pm due to the long
    commute. The area in which we lived in was very busy with very
    limited parking (terraced housing), by the time I arrived home
    there are rarely any parking spaces within a reasonable walk of **********
    therefore I had no choice but to park outside my flat.

    Parking enforcement started on 02NOV2015, on 04NOV2015 at 01:43 my
    PCN was issued, I then received a temporary parking permit via
    email at 14:40 that same day. It is my belief (and I am yet to be
    shown evidence to the contrary) that Parking and Property
    Management Ltd. (claimant) knew of my need for a temporary permit
    and withheld it until after they had been able to issue a PCN.

    After considering the above information, I believe that this PCN
    and all additional charges related to it are unjustified. I
    believe that I had a right as a resident of ************ to
    park outside my flat, and had no option but to do so due to the
    lack of parking in the surrounding areas. I was also on a low
    wage due to being an apprentice and could not afford to pay the
    PCN (£60 was 2 weeks’ food shopping). It is my continued belief
    that I had been targeted by an unscrupulous party, that have the
    sole intention of making money and not protecting the rights of
    the residents they should be serving.

    I wanted to dispute the claim via POPLA but the site indicated
    that an appeal based on mitigating circumstances is not likely to
    be successful, therefore I tried to resolve this via email with
    the claimant. After presenting a string of emails and detailing
    the timeline of events this claim was put on hold by *********
    (head of debt recovery operations) on 25APR2016
Page 1
    • Lamilad
    • By Lamilad 13th Jun 17, 2:11 PM
    • 879 Posts
    • 1,846 Thanks
    Lamilad
    • #2
    • 13th Jun 17, 2:11 PM
    • #2
    • 13th Jun 17, 2:11 PM
    Have u acknowledged this claim on MCOL? And have you actually submitted the above as your defence? If not don't submit it yet.

    Read post #2 of the NEWBIES sticky thread on page 1 including the quoted links. It explains everything about the court process.
    • OG1987
    • By OG1987 13th Jun 17, 3:22 PM
    • 3 Posts
    • 1 Thanks
    OG1987
    • #3
    • 13th Jun 17, 3:22 PM
    • #3
    • 13th Jun 17, 3:22 PM
    Yes ive acknowledged and yes ive submitted, I only thought to search for this forum afterwards, for advice on any further defense i might be able to use...
    • Redx
    • By Redx 13th Jun 17, 3:30 PM
    • 15,486 Posts
    • 19,571 Thanks
    Redx
    • #4
    • 13th Jun 17, 3:30 PM
    • #4
    • 13th Jun 17, 3:30 PM
    you cannot add to your defence, not without great cost , hence why lamilad said dont submit one yet , because its what you rely on in court

    ps:- its not a "summons" either, its an MCOL (this is a civil matter)

    some examples of a "proper" defence below

    http://forums.moneysavingexpert.com/showthread.php?t=5645657

    and post #19 in this one

    http://forums.moneysavingexpert.com/showthread.php?t=5427240
    Last edited by Redx; 13-06-2017 at 3:40 PM.
    Newbies !!
    Private Parking ticket? check the 2 sticky threads by coupon-mad and crabman in the Parking Tickets, Fines & Parking Board forum for the latest advice or maybe try pepipoo or C.A.G. or legal beagles forums if you need legal advice as well because this parking forum is not about debt collectors or legal matters per se
    • OG1987
    • By OG1987 13th Jun 17, 4:02 PM
    • 3 Posts
    • 1 Thanks
    OG1987
    • #5
    • 13th Jun 17, 4:02 PM
    • #5
    • 13th Jun 17, 4:02 PM
    OK, Thankyou for your help, as i have submitted my defense already, seems that i will not be able to do more, i just wish id found this forum sooner, although the chances of me successfully authoring something like in the above links would have been remote.

    If you have any other advice for me going forward i would be grateful
    • Redx
    • By Redx 13th Jun 17, 4:13 PM
    • 15,486 Posts
    • 19,571 Thanks
    Redx
    • #6
    • 13th Jun 17, 4:13 PM
    • #6
    • 13th Jun 17, 4:13 PM
    your "defence" looks far more like a witness statement than an actual defence

    when you put in your witness statement after DQ stage , you need to try to expand upon any legal points that were in your defence

    so study what you have written and see what legal points were secreted in it , then expand on those at the DQ stage, plus carefully study what the claimant details in their "evidence" and use that opportunity to refute their legal points (which may have been missing from your own defence)

    study post #2 of the NEWBIES thread to see when this may need to be submitted , which will be a few weeks before the court hearing
    Newbies !!
    Private Parking ticket? check the 2 sticky threads by coupon-mad and crabman in the Parking Tickets, Fines & Parking Board forum for the latest advice or maybe try pepipoo or C.A.G. or legal beagles forums if you need legal advice as well because this parking forum is not about debt collectors or legal matters per se
    • Coupon-mad
    • By Coupon-mad 13th Jun 17, 7:17 PM
    • 49,944 Posts
    • 63,350 Thanks
    Coupon-mad
    • #7
    • 13th Jun 17, 7:17 PM
    • #7
    • 13th Jun 17, 7:17 PM
    OK, Thankyou for your help, as i have submitted my defense already, seems that i will not be able to do more, i just wish id found this forum sooner, although the chances of me successfully authoring something like in the above links would have been remote.

    If you have any other advice for me going forward i would be grateful
    Originally posted by OG1987
    You can certainly build on the defence points you made there, and you have a valid defence in that no permit was issued so it was impossible to comply with terms, not that they can amend the rights in your tenancy agreement.

    Have a look at Witness statements and Skeleton arguments, examples are shown in the NEWBIES thread and you need to file a WS and evidence prior to your hearing. That gives you that second bite at the cherry, as long as you build only on what your defence said.

    But you had a decent few points, in fact, these are GOOD points to build on:

    I moved in on the 01AUG2015 and was guaranteed a parking space as part of the tenancy contract.
    You had primacy of contract then. We bet you were NOT told £100 charges applied.

    I immediately emailed my property manager with the details of my car
    (whom we had been instructed to contact regarding parking/parking
    permit applications etc. and asked for a temporary parking permit

    while my V5 was in the process of being updated)
    So you and the MA agreed a 'variation' on the contract (if ever there was one, which you dispute, because your tenancy agreement gives you a right to park, anyway).*

    on 04NOV2015 at 01:43 my PCN was issued, I then received a temporary parking permit via email at 14:40 that same day. It is my belief (and I am yet to be shown evidence to the contrary) that Parking and Property Management Ltd. (claimant) knew of my need for a temporary permit and withheld it until after they had been able to issue a PCN.
    As you said, predatory practices, contrary to their Code of Practice, and unfair business practice, which also breaches consumer law (a 'misleading action' in the CPUTRs, I think).

    It is my continued belief that I had been targeted by an unscrupulous party, that have the sole intention of making money and not protecting the rights of the residents they should be serving.
    We share that belief and that's relevant to your defence too, because that makes the charge punitive, and you can argue that this charge lacks the 'legitimate interest' excuse that saved the 'rare' ParkingEye Ltd v Beavis case charge from being an unrecoverable penalty.

    The above can be in your skeleton argument later. When is your hearing and which court?



    * show us the wording about parking in your Tenancy agreement and the wording that told you that parking enforcement was to commence (email, or letter telling you about that change?). What did it say?
    Last edited by Coupon-mad; 13-06-2017 at 7:19 PM.
    PRIVATE PCN? DON'T PAY BUT DO NOT IGNORE IT TWO Clicks needed for advice:
    Top of the page: Home>>Forums>Household & Travel>Motoring>Parking Tickets, Fines & Parking - read the 'NEWBIES' FAQS thread!
    Advice to ignore is WRONG, unless in Scotland/NI.

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