PCN for entering wrong car registration nuber entered

hari

hi ive started but want to check what you think so far ,im panicking as its due in today ��


In the county court xxxxxxx

claim number xxxxxxx
xxxparking Claimant
xxxxx xxx Defendant

witness statement
1. I am xxxx xxxx address xxx xx xx
2. I am the registered keeper of the vehicle in question in this case.I was
at my work place from 9 am until 6.30 pm
3. The driver on that particular day entered their own vehicle registration
by accident The ANPR could clearly see never entered the car park.The
correct money was payed and proof of this.exibit a. (list of cars entering
car park on 05/01/2018 around the time, showing first 4 numbers of the
number plates clearly showing xxxxxxx drivers own car registration)

4

hari

is this better? 2. I am the registered keeper and was not the driver on this day in question, i was at my work place all day.

nosferatu1001

Yes, and then you state how you can prove that

hari

court has been and a letter through the post .couldnt believe it . nearly £400 for entering wrong number plate. defendant did not attend court but did ask the court to determinethe case in their absence. is there anything that can be done now appart from pay?
i feel sick ,how can they think this is right
thank you i advance

KeithP

Nothing to be done now except pay.

A pity you decided not to attend and argue your case. Even if you had still lost you would've been able to reduce their costs claim.

The_Deep

Nothing to be done now except pay.

Surely there is another alternative, this is not justice, this is a travesty, a trifle. You can mug an O.A.P. for less. Also, I expect the scammers inflated their claim. How did it reach £400?

At the very least OP should get their MP involved. Ask him to contact the Minister. Clearly the judge is unfit for office.

hari

£160 plus interest£9.00 plus costs £50 plus advocate fee £180 for claimant. how awful said that time was wasted and that defendant had been difficult throughout etc. im still in shock to be honest

hari

£180 i thought would be the worst case.

KeithP

That 'advocates fee' of £180 is not justifiable.

But the Defendant wasn't there to challenge it. Tough.

Coupon-mad

hari wrote: »

£180 i thought would be the worst case.

It would have been, had you lost but followed forum advice which is ALWAYS to attend. It says this in the NEWBIES thread and not turning up was going against that clear advice.

We assume you DID infirm the Judge a couple of weeks before, that you would be absent?

You and two others this week who were either running scared or thought they'd ''save'' half a day's leave and not attend the hearing, all got clobbered for full costs. This is ABSOLUTELY NOT what we do and not what we advise. A bad (non forum led) choice that can cost so much more than half a day's leave.

Costs like that never happen to people who turn up for the hearing. Even the odd 1% who lose manage to argue that the PPC can't add damages and costs (except fifty quid court fees) to a claim and CERTAINLY cannot have an 'advocate fee' unless you acted unreasonably (didn't turn up but didn't warn the Judge?).

You were not there to argue it and this is another warning to newbies to show why our advice is ALWAYS to attend the hearing in person, well prepared and well versed in why costs can't be added, as well as well versed in their defence points.

I wrote you a defence that had this point in it:

11. It is denied that the Claimant can hold a registered keeper liable. Since their Notices fail to comply with the POFA, this Claimant has no cause of action and is already well aware - from a June 2017 Appeal case at Manchester in Excel v Smith Claim No. C0DP9C4E/M17X062, where the Judge admonished this Claimant - that any incorrect citation of CPS Ltd v AJH Films Ltd against individuals where no keeper/driver agency relationship can exist, is 'improper'.

So did you include Excel v Smith among your exhibits with your Witness Statement? Obviously, that was your chance to show the Judge that case.

Just having it mentioned in defence is not enough and again (sorry) the NEWBIES thread does tell you this and the importance of evidence, and how to find these cases which are hosted on the Parking Prankster's website. It would have taken less than 5 minutes to find & print out that transcript, so did you?

If you are going to have a case heard in your absence, the papers HAD to be strong. Seems to me you didn't field much at all by way of evidence at WS stage?

If I am wrong and you did send the Judge a strong file of evidence, e.g.:

- photos of the signs & PDT machine and the PDTicket itself if still held, and
- evidence of the other car being owned within the family, and
- evidence of you not being the only driver of the car in question (insurance policy), and
- Excel v Smith of course as that was in your defence, and
- a copy of Schedule 4 of the POFA and Henry Greenslade's words about keeper liability (like the NEWBIES thread tells you to include as evidence) and
- any evidence showing that it was not you driving, either with evidence of where you were that day (work?) or a second WS like we discussed, from the passenger, stating that ''the driver was not the Defendant but this is what happened''...


...then you'd have grounds to appeal on the point of law that you were not the driver and that your evidence was overlooked.

If you were just relying on the defence I wrote for you, but didn't bother much at WS and evidence stage, then IMHO you will struggle to appeal this one, unless you want to appeal on the 'quantum' (i.e. the sum awarded was excessive) especially if your income is low, so that you qualify for help with fees, so that an appeal wouldn't cost you the usual £110.

Do you qualify (Google it)? If you do then appealing (on the quantum/added unreasonable costs, and on the POFA, as a point of law for someone who the Claimant did NOT show was the driver) is a no-brainer in my opinion.

If it would cost you the £110 fee then you might want to think about this, as well as the fact that getting a transcript of the Judge's decision will also cost a fair sum, and will be needed for an appeal.