PLEASE HELP PCN County Claim form

lorenjane

So I've started filling in the N244, I have the following defense points if you could let me know what you think to them...

• I was not in the country when the claim form arrived so did not have the chance to respond within 14 days so judgement was made against me. Travel docs enclosed.

• I understand the car park is not owned by VCS so why would money be owed to them?


• Car park has no clear signage about not being able to park – photographs enclosed

• I was working at a nearby establishment where the owner has a permit for 4 spaces- 2 of which he does not use. A code is required in order to access the car park which I was given by the business I was working for.


• The particulars of claim state all the contraventions took place at the ‘Grovenor House Hotel car park’ – this is not a building – the correct spelling is Grosvenor

• Particulars of claim state that I received eight PCNs between 09/06/2014 and 03/03/2015, each one totalling £100.00. On 09/09/2014 however I received a letter from Debt Recovery Plus demanding payment for an unpaid parking charge of £160 (by this point it should have been £700).


• On 09/10/2014 received a letter offering a reduced payment of £126.00.

Do these seem like a valid defense?

Coupon-mad

Not enough, and don't give away who might have been driving, don't help them. The keeper cannot be liable unless the parking firm issued a Notice to Keeper for each PCN which is compliant with the POFA. VCS do not. The perfect scenario is if the vehicle is owned by your company (not you as an individual) but either way you should be arguing that the keeper cannot be liable as VCS do not use the POFA wording required for keeper liability.

And you 100% need to distinguish this case from the Beavis case to stop a Judge just chuking it out beacuse it's a parking charge one.

lorenjane

I have my own business so van is mine! Wud that not be the best scenario if the case is thrown out?

lorenjane

Thinking about phoning vcs today to try and negotiate and settle out of court,just want this sorry mess over with

Quentin

Please don't phone them!


(It's a "golden rule" to not phone the PPC as they won't be honest with you but will try and trick you into incriminating yourself)


But in your case it will be a waste of time.


As it stands they have a CCJ against you so have no reason whatsoever to do you a deal! (Which wouldn't stop you having the CCJ registered against you even if they did, which is your objective, isn't it?)


Get the CCJ set aside then you are in a position to negotiate if they issue the claim again.


At present you have only 2 options to consider:


1) Apply for the CCJ to be set aside


OR:


2) Pay it in full

lorenjane

But if one of the options is to pay it in full is it not at least worth trying to negotiate first?

Quentin

None whatsoever. (That option is pay "in full"!)


As it stands the claimant holds a CCJ against you


So has no reason to accept a penny less than the amount the court has ordered you to pay them


And your worry you say is that you don't want this to affect your credit record.


As has been explained, the only ways to stop this going on your record for the next 6 years are:


1) Get the CCJ set aside


OR


2) Pay it in full within the 30 days allowed before it goes on the register.


As advised, the only way to allow negotiation with them would be if you get the CCJ set aside.


Then if they proceed to reinstate the claim you can negotiate if you want to prior to any hearing, when you are free from any CCJ on your record!

lorenjane

But would my above defense point warrant getting it set aside?

Just thinking they may accept a negotiation if the option is either that and they can avoid going to court, or that I will fight it and they might loose.

Quentin

You are missing the points in your thinking:


1) They have no reason to negotiate as they hold a court order for the full amount. (Legally enforceable as it stands)


2) You want to stop this CCJ affecting your credit rating for the next 6 years. Unless you get the CCJ removed or pay it in full it will go on the register!


You have repeatedly been advised that you have a good chance of winning a set aside (which you will see if you read up on the "qualifications" needed for a defendant to succeed.


If you decide to go for the set aside you will get help here on an outline defence to tell the court at the set aside hearing.


If you decide to pay, then resign yourself to paying the full amount.


If you decide to negotiate, expect to be rejected (or worse, for you, they agree to accept a little less (but why would they?), meaning you have paid but your credit record is blighted with a CCJ (unsatisfied) on it for 6 years

lorenjane

You say legally enforceable as it stands- if they agreed to accept less (meaning they don't have to go to court) - I would obviously get this in writing and would they not then advise the court that it is settled?

I outlined my defense points above but someone said they weren't good enough for a set aside to be granted?