Yet another PCN Court Case

Coupon-mad

I would say lodge a defence heavily including bullet points about the failure of the PPC to follow the BPA CoP and failure of GPB to follow the practice direction (a firm which has now been stopped from practising by SRA intervention) and asking the judge to consider ordering a 'stay' of this claim under the circumstances, or to strike it out.

If the case is stayed you would suggest that the fairest resolution would be to spare the court's time since the PD has been ignored and this has been unfair treatment of you, an inexperienced and unrepresented defendant. Say that there is an ADR provided by the parking industry which has not been used yet in this case and so you would respectfully ask that the court might order that both parties now follow the fair and independent POPLA appeals process (that would involve you appealing and then the PPC sending you a POPLA code, etc.).

msnewman

Scouse_Magic wrote: »

No i am sorry I disagree with you....This is Roxburghe we are talking about....Complaining to the college may raise a few eyebrows but they will be too scared to cancel any contract with a PPC as it would cost them a fortune as it did with Farm Foods & Parking Eye £350,000

The likely hood is, that when they see a defence lodged they will drop it like a lead balloon.....However they may fancy their chance now GPB are on the sceene.

The only way to ward off these pests is the Law itself :A

Please can anyone provide me with a link or information about the cancellation of the Farm Foods and ParkingEye contract?

I have looked for this online but cannot find anything and I think it may have some relevance to a PCN I am fighting at the moment.

Thanks

Umkomaas

msnewman wrote: »

Please can anyone provide me with a link or information about the cancellation of the Farm Foods and ParkingEye contract?

I have looked for this online but cannot find anything and I think it may have some relevance to a PCN I am fighting at the moment.

Thanks

I'm not surprised you can't find it - it never existed in the first place. The post misquoted Farm Foods, it was actually Somerfield.

If you want to take this further on the forum could you please start a new thread for advice specific to you.

Scouse_Magic

msnewman wrote: »

Please can anyone provide me with a link or information about the cancellation of the Farm Foods and ParkingEye contract?

I have looked for this online but cannot find anything and I think it may have some relevance to a PCN I am fighting at the moment.

Thanks

Sorry I was wrong, it was indeed sommerfield

oldfazer

Thanks for advice to date. To date I have

1. Made email formal complaint to Steve Clark / Dave Metcalf and have copied DVLA as to legality of releasing my data outside of POFA timescales.
Had a response from Dave Metcalf that issue has been raised with PCN(NW). No response from DVLA

2. Written to the college complaining. They have forwarded my complaint to PCN(NW)

3. Written to leisure complex but no repomse

4. Written to PCN re lack of Pofa compliance and ask them to desist but no response

5. Written to PCN seeking all evidence and correspondence from them in making claim as yet no reponse

6. I've drafted a defence note but I'm unsure how much detail to enter re my defence points to put into MCOL. Is there a limit to what I can enter and should I be putting as much detail as possible in ?. I'm aiming to enter it this week as the claim issue date was 25th Sept so the clock is ticking.

Coupon-mad

There is a limit and it should be the bare bones (skeleton) and you can add the meat to the arguments if ever you hear they have paid a hearing fee for it to progress.

So a point of defence might be 'The defendant asserts that he is not legally liable because PCN(NW) have not established registered keeper liability as defined in the Protection of Freedoms Act 2012.'


HTH

oldfazer

Well I thought this had gone away but have recieved a letter today from Gladstones solitctors confirming they intend to proceed with the case. Anyone know who they are ?

spacey2012

In a court of law, presenting the rules of a trade organisation as points of defence is foolish.
The BPA rules are not law, they are rules of a trade club and breaches of such rules are not a concern of any court.
Stick firmly to a legal defence based upon case law.

Coupon-mad

oldfazer wrote: »

Hi vickykelly

not trying to hijack but I'm in the same boat and recieved the same notification today.

Same advice as here, same as you:

https://forums.moneysavingexpert.com/discussion/4779558

https://forums.moneysavingexpert.com/discussion/4778047

https://forums.moneysavingexpert.com/discussion/4779596

https://forums.moneysavingexpert.com/discussion/4777641

Not sure why so many posters thought this was 'over' seeing as the forum stickies tell you what happens next. This N180 form was to be expected and is already covered in the links in the 'NEWBIES' sticky FAQs thread under 'small claims' where (in one of the links I provide) Bargepole explains what happens when and what to do. It goes to the small claims track and mediation is up to you.

As I said to one of those other posters, put a covering letter with the N180 (can't type it all again!).