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PCN (NW) LTD County Court Claim form

dpc036
dpc036 Posts: 66 Forumite
I received a County Court claim form from PCN (NW) Ltd at the weekend like a number of others on these forums for a parking ticket received on a car park in St Helens.

The driver received the ticket whilst visiting college where she was studying part time, however the car is registered in my name so the court form is addressed to me.

She had parked on the college car park within a designated bay at around 16:55 for a meeting with her tutor. When she returned to the car there was a ticket. She immediately went back into the college to question it with her tutor. She was told, as seems to be the general advice, to ignore it - even her tutors colleagues had received them.

So each letter that has come through regarding the ticket has been ignored.

The claim form is for a total amount of £235.08 and states that the ticket was given because no valid permit was on display.

Where do we stand with this claim? Do we have grounds to fight it.

Any help or advice is greatly appreciated.
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Comments

  • Stroma
    Stroma Posts: 7,971 Forumite
    Uniform Washer
    You've read the other threads, please follow Daisy's advice in them. You like others have had no letter before claim. So you need to login into mcol and acknowledge the claim, say you will defend in full, and ask for 28 days to formulate your defence.

    Once you've done that please come back and confirm this
    When posting a parking issue on MSE do not reveal any information that may enable PPCs to identify you. They DO monitor the forum.
    We don't need the following to help you.
    Name, Address, PCN Number, Exact Date Of Incident, Date On Invoice, Reg Number, Vehicle Picture, The Time You Entered & Left Car Park, Or The Amount of Time You Overstayed.
    :beer: Anti Enforcement Hobbyist Member :beer:
  • dpc036
    dpc036 Posts: 66 Forumite
    edited 30 September 2013 at 7:47PM
    @Stroma, thank you for your reply.

    My question is do we have grounds to fight it without the letters?
  • zzzLazyDaisy
    zzzLazyDaisy Posts: 12,497 Forumite
    Part of the Furniture Combo Breaker
    edited 30 September 2013 at 6:11PM
    Also get a letter off to the PPC with a copy to the solicitor (I'm assuming they are represented by GPB?) quoting the court case number, your reg number, the PCN number and any solicitor's reference on court papers. Saying:

    I refer to the above court claim served in me today by Northampton County court. Please send me copies of the notice to driver and notice to keeper together with any other correspondence regarding this matter that you claim to have sent me prior to starting court proceedings, in order that I might seek advice on this matter before it goes any further

    I look forward to receiving these documents within 14 days, failing which I will make an urgent application to the court for the appropriate order

    Yours etc

    PRINT NAME



    They may not reply, but it would be useful to have an early look at the paperwork. If not, no worries, we can sort that later.

    Just as important - have you contacted the university? if not COMPLAIN to the university that the driver is a genuine student there, that she got a parking ticket from their agents when using your car, that she trustingly followed the administrator's advice (or whoever it was) to ignore the ticket and now they have started court action against you as the owner of the vehicle!

    See this thread for successes just since august

    https://forums.moneysavingexpert.com/discussion/4766249

    Don't name the driver in your complaint (it will get back to the PPC and if they have any sense they will apply to have her name subsituted for yours on the court papers which may lose you a get-out as the RK (which we won't know about till we see the early papers).

    It might be that they write back asking for the name of the student but we'll cross that bridge when we get to it.
    I'm a retired employment solicitor. Hopefully some of my comments might be useful, but they are only my opinion and not intended as legal advice.
  • Coupon-mad
    Coupon-mad Posts: 153,221 Forumite
    Part of the Furniture 10,000 Posts Name Dropper Photogenic
    AVOID giving St Helens Court as your local court! I am pretty sure that's where 'jangofett' was talked over by a judge with pre-conceived ideas.

    http://forums.pepipoo.com/index.php?showtopic=76790&mode=linearplus

    He lost a few weeks ago against UKCPS even though he had a good defence. Not saying you should pay these scum but do not give your 'address for service' as close to St Helens court.
    PRIVATE 'PCN'? DON'T PAY BUT DON'T IGNORE IT (except N.Ireland).
    CLICK at the top or bottom of any page where it says:
    Home»Motoring»Parking Tickets Fines & Parking - read the NEWBIES THREAD
  • zzzLazyDaisy
    zzzLazyDaisy Posts: 12,497 Forumite
    Part of the Furniture Combo Breaker
    Coupon-mad wrote: »
    AVOID giving St Helens Court as your local court! I am pretty sure that's where 'jangofett' was talked over by a judge with pre-conceived ideas.

    http://forums.pepipoo.com/index.php?showtopic=76790&mode=linearplus

    He lost a few weeks ago against UKCPS even though he had a good defence. Not saying you should pay these scum but do not give your 'address for service' as close to St Helens court.

    As far as I know when the defendant asks for the papers to be transferred to the local court, they automatically go to the court closest to the defendants address as stated on the court papers (but I am happy to be corrected on this)

    D
    I'm a retired employment solicitor. Hopefully some of my comments might be useful, but they are only my opinion and not intended as legal advice.
  • zzzLazyDaisy
    zzzLazyDaisy Posts: 12,497 Forumite
    Part of the Furniture Combo Breaker
    dpc036 wrote: »
    My question is do we have grounds to fight it without the letters?

    Yes.

    D
    I'm a retired employment solicitor. Hopefully some of my comments might be useful, but they are only my opinion and not intended as legal advice.
  • As far as I know when the defendant asks for the papers to be transferred to the local court, they automatically go to the court closest to the defendants address as stated on the court papers (but I am happy to be corrected on this)

    D

    Correct but u can request another court if it's near work etc
    Proud to be a member of the Anti Enforcement Hobbyist Gang.:D:T
  • dpc036
    dpc036 Posts: 66 Forumite
    Also get a letter off to the PPC with a copy to the solicitor (I'm assuming they are represented by GPB?) quoting the court case number, your reg number, the PCN number and any solicitor's reference on court papers.

    Thank you, yes the Solicitor is GPB. Ive drafted the letters to go out in the morning but ive just noticed the address for PCN (NW) Ltd and GPB Solicitors LLP are the same on the Court forms.

    Should i send a letter to GPB's address as listed on their website?
  • zzzLazyDaisy
    zzzLazyDaisy Posts: 12,497 Forumite
    Part of the Furniture Combo Breaker
    dpc036 wrote: »

    Should i send a letter to GPB's address as listed on their website?

    I would certainly send a copy to this address as well - in that letter do the usual quotes and then say something like:

    Please find enclosed a copy of a letter to your client PCN (NW) Ltd. Somewhat confusingly, on the court papers your address is listed as being the same as your client's address. I am presuming this is a misprint hence my writing to you at the address as stated on your firm's website. I should be obliged if you would clarify this point to avoid any future misunderstandings.

    Yours etc
    I'm a retired employment solicitor. Hopefully some of my comments might be useful, but they are only my opinion and not intended as legal advice.
  • HO87
    HO87 Posts: 4,296 Forumite
    I would certainly send a copy to this address as well - in that letter do the usual quotes and then say something like:

    Please find enclosed a copy of a letter to your client PCN (NW) Ltd. Somewhat confusingly, on the court papers your address is listed as being the same as your client's address. I am presuming this is a misprint hence my writing to you at the address as stated on your firm's website. I should be obliged if you would clarify this point to avoid any future misunderstandings.

    Yours etc
    Is it not acceptable for PCN (NW) Ltd to use their solicitor's address for service - which is effectively what is going here in terms of the address disclosed on the PoC?
    My very sincere apologies for those hoping to request off-board assistance but I am now so inundated with requests that in order to do justice to those "already in the system" I am no longer accepting PM's and am unlikely to do so for the foreseeable future (August 2016). :(

    For those seeking more detailed advice and guidance regarding small claims cases arising from private parking issues I recommend that you visit the Private Parking forum on PePiPoo.com
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