Parking Ticket - Overstayed 6mins

Flippineck

Many thanks.

And thank you for being polite.

Much appreciated 😁

presc

Thanks to Quentin for clearing things up with the sending the "Signed For". It's a shame I didn't know this before, but at least I will be prepared for the future.


I still have a question though:
In the post #3 for NEWBIES it says:
"What will happen if I do not bother with the IAS stage?

- you will get a series of hysterical 'pay up or else' debt collector letters, or maybe letters from the PPC themselves - see separate post about ignoring them, below.
or
- you might be sued..."

I now have received the NTK and let's say I am not going to bother with IAS. I have not yet received any kind of debt collector letters (so it's yet time for me to be in the "Ignoring Debt Collectors Stage") and I know they haven't got my complaint. Should I bother trying to contact the PPC and politely say I will not make any payments because of the Grace Periods?

Am I correct in thinking that if I document the fact that I tried to contact them through letters, and explain why I won't make any payments give me a stronger position later on (if it goes to court etc), as this would show that I have not bluntly ignored their letters and I actually tried to explain the situation?



Kind Regards.

Umkomaas

You send the template IPC initial appeal from the NEWBIES sticky to the PPC. Copy and paste 'as is' as it protects newbies from blowing their toes off by identifying themselves as the driver.

If you want to add in the grace period point then OK, provided you don't identify the driver, so no 'Me, Myself or I' in it. But beware, it will not change the outcome.

They only want your money; upholding your appeal means they won't get it. A bit like your boss asking whether you want your salary this month. Would you say no?

Coupon-mad

Send a copy of the letter that they pretended never arrived and tell them you sent it by recorded delivery (you could attach a copy of the PO receipt and be vague about/do not mention whether it has tracked). State that they are now in breach of their commitment to reply to appeals in accordance with the IPC CoP. And in any case, because they were already in breach of the Grace Periods section you consider that the PCN should never have been issued.

As such, due to these breaches of the CoP which are fundamental to the KADOE contract with the DVLA, they had no reasonable cause whatsoever, to obtain your data from the DVLA and you will be reporting them to the ICO for misuse of your data, with a view to then either claiming or counter-claiming compensation for this tort. As their client the landowner remains liable for the actions of their agents, you will also be claiming jointly and severally against (NAME OF LANDOWNER) unless the PCN is cancelled within 21 days.

presc

Hi,

So over two months have past. I have been receiving some letters from debt collectors, but now I got a "Claim Form". It looks like the case will go to the court?

Particulars of Claim:
"The driver of the vehicle registration XYZ incurred the parking charges on ABC for breaching the terms of parking on the land at 123.
The Defendant was driving the Vehicle and/or is the keeper of the vehicle.
AND THE CLAIMANT CLAIMS
£160 for Parking Charges / Damages and indemnity costs if applicable, together with interest..."

It says I need to pay over £230 (including court fee etc) and that I have couple of options as to how to reply to this claim: Agree and pay, Agree and ask for time to pay, admit only to part of the claim or if I disagree or want to make a counterclaim.

There's loads of stuff to fill in and I have to reply within 14 days. If I understand correctly I should reply to this claim form and say that I disagree and explain the situation?

Does this claim form means the case will go to court? Or if I reply mentioning the grace periods, their lawyer will realize they can't do anything and will back off?

Coupon-mad

If I understand correctly I should reply to this claim form and say that I disagree and explain the situation?

No, you appear to have missed post #2 of the NEWBIES thread. Read it! That's why it is there at the top!

Does this claim form means the case will go to court?

Probably. Is this BW Legal or Gladstones acting (badly) here? We win pretty much every case defended v those two disorganised firms.

presc

Thank you for quick reply. Sorry it's been a while and I did miss the post #2 - I already got stuck in though.

It is Gladstones.

Reading the Court Claim Procedure by bargepole, it says that I should "Acknowledge Service of claim by ticking the right box on the paper and by doing this I get extra time to write defense". Just to be clear. Does it mean I just send the claim form back with the box ticked (signatures where relevant)? And once sent, I can start writing defense?

Also, the first dropbox link on post #2 in Newbies Thread doesn't seem to work. It just takes me to my dropbox account.

I will start my own thread, once I have my first draft of the defense.

Redx

this IS your thread, so dont start another thread, stick to this one

your best bet with an MCOL is to acknowledge ONLINE , which is what the OL means in MCOL , so just login and acknowledge online and tick the relevant box to get the extra 14 days, keep your login password safe , then start drafting your defence

no need to post anything at this stage

ps:- I assume this claim form came in the post from Northampton ?

in which case its a real court claim and yes it may get as far as a local court , but could be "dropped" beforehand, meaning it may never get in front of a judge in person. there is a long way to go before any court appearance

I have tried a few dropbox links on here recently, none have worked for me so I tend to avoid them

Coupon-mad

https://www.dropbox.com/s/xvqu3bask5m0zir/money-claim-online-How-to-Acknowledge.pdf?dl=0

Does that work? You acknowledge online using the claim form password for MCOL.

Redx

yes, that link works fine and also allows people to download the doc file as a pdf (which I have just tested and done by opening the downloaded pdf in adobe reader)

thank you