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6 year old pcn county claim form received

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  • Bookbug123
    Bookbug123 Posts: 42 Forumite
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    Oh !!!!!!. I took this bit in the newbies thread to mean that I only needed to take the cost schedule on the day...
    ..."you take this to the hearing and claim your costs for lost wages/leave, your travel, parking(!) etc. if you win"
    I guess it's worth a try to send it in late then?
  • Coupon-mad
    Coupon-mad Posts: 131,777 Forumite
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    It's not late.
    PRIVATE 'PCN'? DON'T PAY BUT DON'T IGNORE IT (except N.Ireland).
    CLICK at the top of this/any page where it says:
    Forum Home»Motoring»Parking Tickets Fines & Parking - read the NEWBIES THREAD
  • Bookbug123
    Bookbug123 Posts: 42 Forumite
    edited 17 May 2018 at 12:50PM
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    Argghhhh! What a morning.

    Had to take baby with me because there was nobody to have her. Had emailed the court in advance to check.

    Judge was fine with her staying and Claimant's representative said she didn't think it would take long. Looking hopeful.

    Claimant' representative didn't have my trial bundle as it hadn't been sent to her by bw legal. She asked if she could sit next to me and read mine!

    Judge went through Keeper Liability, looked up CPS Vs AJH and there was a lot g discussion about vicarious liability and agency, much of which I followed! Rep fell back on presumption about me being driver. Judge seemed very taken by the idea that the PCN looked like scam mail and could be legitimately ignored. He seemed a little grumpy that it would be possible to ignore it as a means to avoid prosecution and simply deny driving but as the claimants could not offer any evidence that I was driver he decided to call it a day there. Claim failed.

    Bit disappointed in retrospect that I didn't get to go through the rest of my SA.

    I hadn't been able to get my costs in beforehand but he allowed parking and admin costs even without my receipts as the claimants rep had given up by then and said she didn't think they needed to be shown. As I'm on mat leave he didn't allow for my time (grrrr) but by then I could see the finish line and the baby was grumbling so I didn't argue.

    In short. I win!!!!:beer:

    Thank you all soooooo much for your help!!!
  • Castle
    Castle Posts: 4,200 Forumite
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    Bookbug123 wrote: »
    Argghhhh! What a morning.

    Had to take baby with me because there was nobody to have her. Had emailed the court in advance to check.

    Judge was fine with her staying and Defendants representative said she didn't think it would take long. Looking hopeful.

    Defendant's representative didn't have my trial bundle as it hadn't been sent to her by be legal. She asked if she could sit next to me and read mine!
    Well done...I'm guessing you meant Claimant's representative.
  • Bookbug123
    Bookbug123 Posts: 42 Forumite
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    Ha yes, brain has totally give up for today.
  • Coupon-mad
    Coupon-mad Posts: 131,777 Forumite
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    VERY well done you! And baby!

    Another one bites the dust, again! :T

    In fact you can claim for 'loss of leave' under the rules. Bad luck he didn't know/care.
    PRIVATE 'PCN'? DON'T PAY BUT DON'T IGNORE IT (except N.Ireland).
    CLICK at the top of this/any page where it says:
    Forum Home»Motoring»Parking Tickets Fines & Parking - read the NEWBIES THREAD
  • beamerguy
    beamerguy Posts: 17,587 Forumite
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    Well done Bookbug123:beer:

    EXCEL/BWLEGAL lose again.

    I have taken the liberty to add your post to

    https://forums.moneysavingexpert.com/showthread.php?t=5672664&highlight=bwlegal+the+list
  • nosferatu1001
    nosferatu1001 Posts: 12,961 Forumite
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    well done! Nice result, and he should be aware thats why POFA was brought in - if the C choose not to use it, its hardly the Ds fault!
  • Coupon-mad
    Coupon-mad Posts: 131,777 Forumite
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    Just bumping this again to show other posters what can be achieved.

    :T
    PRIVATE 'PCN'? DON'T PAY BUT DON'T IGNORE IT (except N.Ireland).
    CLICK at the top of this/any page where it says:
    Forum Home»Motoring»Parking Tickets Fines & Parking - read the NEWBIES THREAD
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