Help! Court Claim from PCN-UK

AlphaRomeo_2

Thanks to all who replied (including Bargepole, who has come up with a draft to defend the claim), and I didn't expect so many helpful hands in such a short time. Here is more information about the alleged contravention:

The alleged contravention occurred in Chorley, Lancs. The notice (which I have posted earlier) states that "Free Parking Whilst in Premises Only" but does not state how one can establish that they were in the premises. Also, as there is no mention of the penalty charge that may be levied for actual/ alleged breach of contract- could I be assumed to have entered into a contract without having any information on the penalty charges involved?

trisontana

Note the phrase from the sign:- "or issued with a PCN parking ticket". As you say, there is no mention of any penalty charge (as opposed to the clamping charge). That seems to strengthen your defence. If it ever gets there I think the whole thing will be laughed out of court.

AlphaRomeo_2

Driver8 wrote: »

If you were not at home how did you know you had visits? There's something not right here !!!

Until we see your alleged court paperwork and some kind of proof that you had a "visit" i will reserve judgement.

This is the first of the two notices I had received at my door step after a visit from the "bailiffs". Note the £32 each for the reminder notice (which I did not receive)- given the cost, I wonder if the reminder notice was posted from Mars(?!) and also the £45 charge for the "Second Visit Staff Charge" during the first visit!!! Worse still, the number on the list do not add up to the total- could have used a calculator I guess! Kindly advise if this has any legal standing at all.

(I have deleted the "bailiff's" notice: it would still be available to anyone trustworthy who PMs me for it)

dgm2448

The most important action is to file a defence on line - I agree with Bargepole. The claim form is for £221 - the form only quotes £100 penalty & a discount. To be valid it must show the breakdown of the costs. Costs applied for collectors visits and letters are not admissible unless they are clearly shown in the contract - in this case either the sign or the ticket stuck on the windscreen.
As the claimant is a Limited company and you are an individual you can state that the case be heard at your nearest County Court - as travel nor solicitors costs can not be claimed PCN may well decide not to pursue the case.

Best of luck

David

ckerrd

My word there are some nasty people about.

"we are bailiffs" - my @rce

although tbh not convinced we have tho whole story - as yet

AlphaRomeo_2

ckerrd wrote: »

although tbh not convinced we have tho whole story - as yet

Thanks. I would be happy to provide the forum with more information as long as I am not jeopardising my own defense- please let me know what other info you would want to know

dacouch

They cannot say they are bailiffs and have a warrant to collect the money if they do not, that is very very against the rules of debt collection, if you need links to the relevant laws / rules on this we can post them

AlphaRomeo_2

dacouch wrote: »

They cannot say they are bailiffs and have a warrant to collect the money if they do not, that is very very against the rules of debt collection, if you need links to the relevant laws / rules on this we can post them

Thanks. I would appreciate if you could post the links. It would help me to lodge a complaint against them once this is over, but my question is, can I also incorporate your argument in my current defence statement?

davidlizard

AlphaRomeo wrote: »

Thanks. I would be happy to provide the forum with more information as long as I am not jeopardising my own defense- please let me know what other info you would want to know

Perhaps you could send a Private message to one of the helpful/trusted members on here (i.e. not me!) containing the court reference number - they could double check this and then report on here that indeed the court papers are all above board. That would remove any doubts that some members of this forum might have as to your authenticity.

peter_the_piper

If the information is sensitive the (if agreed) put it on a PM to bargepole . Better than in the open.