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    • Bookbug123
    • By Bookbug123 30th Jan 18, 10:56 AM
    • 13Posts
    • 3Thanks
    6 year old pcn county claim form received
    • #1
    • 30th Jan 18, 10:56 AM
    6 year old pcn county claim form received 30th Jan 18 at 10:56 AM
    Sorry for starting a new thread, please don't slate me. I have been reading the advice here all weekend and I am still lost and panicking.

    Basically, as registered keeper of a vehicle I no longer own, I received a pcn in 2012 for an alleged contravention (parking without displaying a valid ticket) on 28/01/2012. At the time, I believed that the driver on that day purchased a ticket but did not enter the full reg number. The pcn included photos of the car entering and leaving the car park.

    Back in 2012, I read the available advice and I believe that I did nothing (I say this because I think I started writing an appeal to Excel Parking Services and then decided better of it). I received the expected chain of letters including those from debt collection companies which came in flurries over the years. I have since sold the car and last year we moved house. During that process I shredded all of the correspondence thinking that we were approaching the six year mark and having not received anything recent.

    In October 2017 I received another letter at my new address and was surprised they had my new details. I now realise that letter was a LBC (it is headed Letter of Claim) but being busy with moving into a new house and heavily pregnant, I didn't look into it properly and I just ignored it the same as all previous correspondence. I now realise that was a mistake.

    This week I received the Claim form dated 26/01/2018. It includes the Particulars of Claim and the original 'debt' of £90 is now £262.80 as it includes initial legal costs, court fees and legal rep costs. It is signed by Claimants Legal Representative - BW Legal Services Limited.

    I don't know what I should do now. I feel like an idiot for missing the LBC and getting rid of all my previous correspondence. I am no longer even sure that as registered keeper I had a defense from the start. I really don't want to end up in court. I am reading the forums at night while feeding a new baby and getting very anxious about it all. I understand that I only have a short amount of time to respond to the county claim form and that it is too late now to respond to the original LBC. Do I go ahead with the AOS? Do I have reasonable grounds to defend this? Please help!
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    • henrik777
    • By henrik777 20th Feb 18, 8:32 PM
    • 2,195 Posts
    • 27,913 Thanks
    That's not going to work, a claimant is entitled to claim interest at the statutory rate, regardless of what the prevailing commercial or Bank of England rates were during the period. The court has no discretion in that regard.

    As I said in my post #10 I think in these close to 6 year old cases a better point to raise is that the proceedings are an abuse of process and at the very least they'd have to explain why they have waited to the very last days to issue proceedings
    Originally posted by Johno100
    Has 8% simple interest been prescribed or is it just the norm ? My, limited, understanding was that the court has discretion.
    • Bookbug123
    • By Bookbug123 9th Mar 18, 9:03 PM
    • 13 Posts
    • 3 Thanks
    Thanks for all the help so far. Defence is in and receipt confirmed. I have been sent the directions questionnaire and today received the copy of the claimants DQ. I've reread Newbies threat and understand I need to get my DQ in before the deadline and decline mediation. That's it for now right?
    Sorry for more questions. Maybe just looking for reassurance. I feel sick everytime a new letter arrives at the moment
    • Coupon-mad
    • By Coupon-mad 9th Mar 18, 9:08 PM
    • 54,980 Posts
    • 68,669 Thanks
    Chin up, can't see you losing this one and it is worth the journey and the fight.
    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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