pcm parking ticket but disabled

daffas6688

The claim is issued via the County court Business Centre which is a procedure specifically provided for in the civil procedure rules. this only allows the claiment to insert brief details of the claim. i can confirm that the particulars of claim contained sufficient information for the defendant to be aware of what the claim relates to namely:-
The date of the charge. the vehicle registration number. The parking charge number. the amount outstanding. that it relates to parking charges. That it is a debt.

daffas6688

Further , prior to proceedings being issued the defendant was sent notices in accordance with the Act and a Letter Before Claim. As such, the defendant would have been aware of the charge which is subject of this claim.
In the view of the defendant not paying the charge within the 28 days allowed they are in breach of the contract. Breach of contract entitles the innocent party to damages as right in addition to the parking charge incurred.
In view of the defendant not paying the charge the matter was passed onto my company's legal representatives, Gladstone Solicitors Ltd.

daffas6688

the debt has, as a result of this referral risen as my company's staff have spent more time and material in facilitating the recovery of this debt. This time could have been better spent on other elements of the Company's business. My company believes the costs associated with such time spent were incurred naturally as a direct result of the defendants breach and as such asks that this element of the claim be awarded as a damage. The costs claimed are a pre- determined and nomimal contribution to the actual losses. Alternatively, my company does have a right to costs pursuant to the sign( i.e.the contract)

The rest is photos, original documents , site plan, signage and contract etc

Coupon-mad

It is evident from the site plan that there are sufficient signs.

Debunk the site plan! Is it accurate or just some random 'dots' on an aerial image, like a mocked-up game of battleships or a child's picture, with no signature or confirmation that it's a true representation of the actual site signage, or even a date checked?

I respectfully submit that the defendant's headlights would have been directly on the sign and in the Defendants line of sight and parked upon the Relevant land and therefore I do not believe that lighting is an issue.

Disagree - say why. Of course headlights don't point up lampposts, and double yellows (in their accepted meaning in the Highway Code and TMA2004) signal that a disabled driver CAN park!

That it is a debt.

It is NOT a debt.

In the view of the defendant not paying the charge within the 28 days allowed they are in breach of the contract.

What contract is that then?!

daffas6688

Oh can you believe it! All this stress for months and paperwork , lack of sleep and time consumed. Today recieved a letter saying they are discontinueing the claim against me! I am very happy and assume they were holding out to see if I would fold. Plus my photos showing numerous Estate lights not working and the dim, dark look of the area.
I expect they didn't want to travel all the way to me and risk losing and me counterclaim. Obviously I can't do that on Friday as the case will no longer go ahead. This would mean me then making my own claim against them , which won't happen as I have just had enough of the whole thing. But must add I am very pleased with the outcome.
Thank you everybody for the good advice given to me and the patience you probably needed due to my lack of computor skills etc.

KeithP

Did that discontinuance letter come from the court?

If not, ring the court to confirm.

daffas6688

Thank you did think of that too , so will do right away

nosferatu1001

Congrats, they finally realised you werent giving up.
You could ask the court for your costs to date, as only after seeing your defence in full difd they discontinue - clearly they never intended to continue to the hearing, so the claim was not started in good faith but as a final "debt collection" tactic.

Dont expect anything but worth a stamp. If you have holiday you now HAVE to waste because of this, inlcude this - loss of leave is an allowable cost.

Coupon-mad

daffas6688 wrote: »

Oh can you believe it! All this stress for months and paperwork , lack of sleep and time consumed. Today recieved a letter saying they are discontinueing the claim against me! I am very happy and assume they were holding out to see if I would fold. Plus my photos showing numerous Estate lights not working and the dim, dark look of the area.

I expect they didn't want to travel all the way to me and risk losing and me counterclaim. Obviously I can't do that on Friday as the case will no longer go ahead. This would mean me then making my own claim against them , which won't happen as I have just had enough of the whole thing. But must add I am very pleased with the outcome.

Thank you everybody for the good advice given to me and the patience you probably needed due to my lack of computor skills etc.

Great news again! :T