WY Parking PCN

Le_Kirk

I reserve the right to draw any failure of the Claimant to comply with the protocol to the attention of the court and to ask the court to stay the claim and order your client to comply with its pre-action obligations, and when costs come to be considered.

That just stops, should there be something after .... and when costs come to be considered, I will ask the court to......

jorge_gills

They have replied: dropbox.com/s/z7ud1uwjx8wccn5/Inked20181114_203440_LI.jpg?dl=0
Enclosed are pictures of the car, the signage and copies of the debt collection letters already sent. So nothing that responds to my letter.
Is it worth replying again or just wait and see if a court claim comes in?

Le_Kirk

Your link made live: -
https://www.dropbox.com/s/z7ud1uwjx8wccn5/Inked20181114_203440_LI.jpg?dl=0

Coupon-mad

I'd write back and bother them again and say how it DOESN'T answer your questions. If it were me I'd be replying and making a pain of myself at all times, asking questions they have to reply to, especially ones where they will have to refer to WY.

jorge_gills

Thank you.

I have replied asking again for the information I requested and clarified that it is a formal SAR under GDPR. I have also sent an SAR to WY Parking.

jorge_gills

Claim form received dated 11 April. This gives until the 29th to respond I believe.

I have a slight problem in that the defendant does not want to attend court and would rather pay the claim (racked up to £250). In your experience is it wise to go ahead with the defence but not attend court, or just pay it as it would likely be less now then it could be if the defendant loses?

Coupon-mad

Both are ludicrous.

The D must attend unless they want to lose.

We saw 3 people go against our advice recently, and not turn up (they were either running scared or thought they could save money by not taking half a day's leave) and they all lost to the tune of close to £300 for £100 PCN that they could have beaten had they attended.

Even if they'd been a rare attendee who lost, they'd have been able to expose the added costs as a sham, but no, they let the case be heard and then got a letter from the court including a stupid amount of costs as no-one argued against those!

The D must do the AOS this week, which buys them a couple more weeks to defend.

Is the claim for only one of the 2 PCNs, remind us, did one get cancelled?

WY Parking did not use proper POFA wording in 2017 AFAIK so cannot hold a registered keeper liable, and their signage was dire, so why is the D scared of winning?

jorge_gills

Unfortunately it's not going to happen, despite your comments. It is a shame given how long this has gone on for, the fact that the case is solid and the amount has reached £250 (yes one PCN was cancelled). Some people aren't confident enough to stand in front of a judge and would rather pay. It doesn't help that the D is a teacher who puts their students first and wouldn't be able to get time off work.

Given your comments above it sounds like filing the defence isn't worth the risk of losing and having to pay £100+ more?

Coupon-mad

It doesn't help that the D is a teacher who puts their students first and wouldn't be able to get time off work.

The hearing would most likely be in the Summer Holidays an he/she can stipulate her non availability.

He/she can also take you (or a more confident relative) to speak for them. They do not have to stand, or speak.

Which is the local court? If it's Manchester, Skipton or IOW then they are good courts where a Judge could be relied upon to make a correct decision in the absence of a D.

jorge_gills

Coupon-mad wrote: »

Which is the local court? If it's Manchester, Skipton or IOW then they are good courts where a Judge could be relied upon to make a correct decision in the absence of a D.

The address on the claim form is Northampton County Court Business Centre, but the defendant has a Leeds postcode. I was under the impression the court should be local to the defendant? Will one be allocated or can the defendant choose the most convenient?