PCN (NW) court claim issued

dazwana

so today i received my 2nd court claim in 2 months from parking in st helens ( so glad i moved away from there). the first from parking eye which i won due to having a receipt for my stay in the range car park.

But this one is from PCN (NW) on st helens college.

date of incident was 7/11/2012
the charge has been put down as not parking in a designated bay (there was none availible) not even a disabled one as i looked all round the site because i had my grandma with me who has a blue badge and struggles with mobility.

anyway i parked right up on a curb at the end of a row of bays (making sure i was not obstructing anybody or the roads) there was no coloured lines nor did i notice any signage and if there was i dont feel it was clearly displayed

i cant remember if this is a free parking car park i will check this weekend by having a drive down to see and take a few photos of signs etc.

the earliest letter i can find is one dating back to 4th march 2013 from pcn stating that the discounted amount is now void and im liable for £100 charge.

i also have a letter from graeme White solicitors date - 19 4/2013 sayin roughbourghe (uk) ltd are acting on behalf of pcn (nw) to claim £160 and the usual stuff at the bottom sayign if i fail to pay it may go court etc. and obviously i now have court papers to file my defence (any previous ones have probably been binned following advice i read elsewhere)

no appeals have been made to pcn nor have i contacted the land owners to try and get this cancelled (i dont know who owns the land or who has hired them to police the car park)

any advice on how to defend this. i will have a look through the bpa code of practice thing and some previous posts soon and try and work on some defence but any help would be appreciated to get me started

Stroma

Couple of things, have you logged into mcol to see if its a real claim? Is it stamped and posted from the courts? What are the particulars of the claim? Have you acknowledged the claim, and asked for 28 to defend it?

Thanks

zzzLazyDaisy

Also, can you check the paperwork that you do still have and see if you have one called a 'letter before action' (it might be called a letter before claim, or something similar). It would (should!) have been either sent directly from PCN(NW) or solicitors informing you that they act on behalf of PCN (NW)

dazwana

completed my AOS on MCOL an hour ago and asked for 28 days for my defence.

particulars of the claim ? are you referring to a break down of costs of what they are charging?

thanks

zzzLazyDaisy

dazwana wrote: »

particulars of the claim ?

That's the wording of the claim they have made against you.

EG something like:

The defendant is the registered keeper of vehicle registration number xxxx which was unlawfully parked at [location] on [date] blah blah blah blah...

Stroma

Okay we can help with this, can you answer Daisy's question about the letter before claim? The particulars only mention the breakdown of the charges they allege is owing yes

dazwana

found it!


the claimants claim against the defendant is for a breach of contract in respect of nitce issued to vehicle xxxxxxxx on 7/11/2012 at st helens college......... following unauthorised parking event: outside designated space.

the terms and conditions to which the defendant agreed to be bound by using the site were clearly displayed in prominant places throughout the site.

the claimants claim is inclusive of recovery costs as per the t/c's, notice of which was given to the defendant by way of PCN and numbered xxxxxxxxx

and the claimant claims £160.

the claimant also claims interest, thereon persuant to the section 69 of the County Courts act 1984 at the rate of 8% per annum calculated witha daily rate of 0.00 to the date hereof amounting to 11.06

Stroma

Okay that's typical of such a claim, and each point needs to be rebutted fully. But they should send you a notice before claim, did you find anything in regards to that ?

dazwana

yes there is a letter from graham white colicitors breaking down the costs.

see the link to photobucket (i cant post links so you will need to put the first h t t p first

//i902.photobucket.com/albums/ac229/Darren_Dazwana_Foulkes/notice_zps80990ce7.png

Stroma

dazwana wrote: »

yes there is a letter from graham white colicitors breaking down the costs.

see the link to photobucket (i cant post links so you will need to put the first h t t p first

http://i902.photobucket.com/albums/ac229/Darren_Dazwana_Foulkes/notice_zps80990ce7.png

There you go

Stroma

Can I ask who is the claim from? Is it from Graham White? That letter you've shown doesn't look like a notice before claim. And if it's not Graham White issuing a claim I think they are in a serious amount of trouble as no letter before claim has been sent in the other solicitors name. Hope Daisy will pick up on this