What can I do now?

poor_country_girl

Ok - Thank you - I have completed the AoS bit on line yesterday to get the extension and i will go back and re read your newbie thread - It might seam like i'm after hand holding throughout here, but with a small baby I am both limited with the time I can get onto my laptop and very baby brained at the moment, so Im reading stuff and it's just not making sense - however I shall persevere, and again, thank you for all your help!

bargepole

poor_country_girl wrote: »

... I am both limited with the time I can get onto my laptop and very baby brained at the moment, so Im reading stuff and it's just not making sense - however I shall persevere, and again, thank you for all your help!

As you appear to be struggling, I've taken the unusual step of writing the defence for you (you need to edit the bits in red):

https://www.dropbox.com/s/dykc9qeqd271y7p/PCG_Defence1.docx?dl=0

You should print this out, sign and date it, and send by registered post to Northampton.


Other forum users please note: This defence has been created for this specific case, and is NOT to be used as a template for other cases, where different circumstances are likely to apply. If you blindly copy this and use it for your own case, and get slammed by the Judge, it's your fault not mine.

parkingwoes_2

@ Poor Country Girl - bargepole has very kindly supplied you with your case specific defence based on the information provided on this thread.

All you need to do is add your personal details, print, sign and post to the court.

You could also email this to the court using the following email address

ccbcaq@hmcts.gsi.gov.uk

Add in the subject field the court claim reference number and 'Defence Reponse' PCN (NW) Ltd (Claimant) v (your name ) Defendant

Update the thread when you next hear from the court.

You can also contact the BMPA directly for further assistance.

poor_country_girl

bargepole - I cannot thank you enough for what you have done! This is such a huge relief. (I am crying now!)
I will do all the necessaries and send it off as soon as possible, and of course keep you updated of the case.


Many thanks again

PCG

Coupon-mad

bargepole wrote: »

As you appear to be struggling, I've taken the unusual step of writing the defence for you (you need to edit the bits in red):

https://www.dropbox.com/s/dykc9qeqd271y7p/PCG_Defence1.docx?dl=0

You should print this out, sign and date it, and send by registered post to Northampton.


Other forum users please note: This defence has been created for this specific case, and is NOT to be used as a template for other cases, where different circumstances are likely to apply. If you blindly copy this and use it for your own case, and get slammed by the Judge, it's your fault not mine.

Very kind of bargepole to do this.

Now poor country girl, I hope you have also read his post as linked in the NEWBIES thread, and are ready for your DQ. If you ask what a DQ is, we'll send you back there to the 'Small Claim?' section of the newbies thread to read the link to bargepole's advice again, because you need to know that further action and paperwork needs your attention in the coming weeks. We will help if you have specific questions not already covered, of course.

You must ALSO familiarise yourself with the defence Bargepole wrote for you and make sure you understand it. If you don't, please Google search or look for the answers by searching the forum (e.g. where bargepole mentions certain named case law, you CAN find discussions explaining/using that case decision and do not have to ask 'what's this about'?). Only once you've read as much as you can to understand a point of defence but still don't get it, should you ask us to explain, because this is your case to research, understand the issues, fight, attend the hearing and hopefully win.

Just to remind everyone, as this thread is long:

the claimant is PCN (NW) LTD, payments to be sent to CSB Solicitors LTD and the claimants legal representative is Sonny Chall.

To the OP, you can do this but you need to be more: ''Mrs Angry but well informed''.

DO NOT REPLY IF YOU GET A PRIVATE MESSAGE FROM ANY POSTER HERE WITH LESS THAN 1000 POSTS, OFFERING TO 'HELP'. COULD BE ANYONE, COULD BE A PARKING FIRM AND WILL NOT BE A PERSON WITH YOUR BEST INTERESTS AT HEART.

poor_country_girl

You must ALSO familiarise yourself with the defence Bargepole wrote for you and make sure you understand it. If you don't, please Google search or look for the answers by searching the forum (e.g. where bargepole mentions certain named case law, you CAN find discussions explaining/using that case decision and do not have to ask 'what's this about'?). Only once you've read as much as you can to understand a point of defence but still don't get it, should you ask us to explain, because this is your case to research, understand the issues, fight, attend the hearing and hopefully win.

Thanks - I have had chance to have another/better read of the newbie thread and have googles the cases referenced and it is making sense to me now. I will post the defense off next week after more perusals of the cases and notes explaining them to make sure I'm completely happy with my knowledge of the law surrounding them.


To the OP, you can do this but you need to be more: ''Mrs Angry but well informed''.

I will try! This is me 20 years ago, these days I'm Mrs F** Furious then fits of tears and hysterics - some kind of hormonal regression I think, but I will work on this!

PCG

poor_country_girl

Hi

I have received my Directions Questionnaire and mediation paperwork. After reading it, and the newbie thread I think mediation is a good idea to request even though I realise the claimant can refuse, but I think it would look better if it does go to court. I thought I better check back here though before returning anything. If they do accept mediation is this where I offer to pay the original £3.50 parking fee that I had intended to pay from the moment I parked had the machine been working?
I have until the 10th October to return the paperwork.

Thanks in advance

PCG

Coupon-mad

I think mediation is a good idea to request even though I realise the claimant can refuse, but I think it would look better if it does go to court. I thought I better check back here though before returning anything.

If they do accept mediation is this where I offer to pay the original £3.50 parking fee that I had intended to pay from the moment I parked had the machine been working?

It is not recommended. Here is why:

https://forums.moneysavingexpert.com/discussion/comment/70242827#Comment_70242827

https://forums.moneysavingexpert.com/discussion/comment/71245087#Comment_71245087

Pointless. Going by those experiences (and we've seen no positive ones at all) you will likely be railroaded by a person who gives all the appearance of bias, who wants you to know he/she thinks you have no chance due to the Beavis case...

The_Deep

Mediation has no place in this case. You were willing to pay, they would not accept the money, there was no contract.

Man up and fight this, you hold the winning hand.

bargepole

As C-M says, a pointless exercise, and in any event the Mediation Service will only get involved if you are prepared to make a 'substantial' offer of settlement, which would not be satisfied by £3.50.

Mediation is fine in cases such as divorce proceedings, or personal injury claims, where both parties agree that some money is owed, and the question is how much.

However, in cases of alleged debt, where it is an 'all or nothing' situation, there is no scope for mediation, one of the parties is in the wrong, and that decision has to be made by a Judge.