Six year old ticket

Fruitcake

I've just found this from the P-P website.

The judge said,
"Finally on to POFA. The judge noted that he is unsure why Excel choose to disregard POFA when bringing these claims. There is no basis to assume that the registered keeper is the driver and Excel should not turn up to court without evidence of who was driving the vehicle unless they wanted to make life difficult for themselves."

http://parking-prankster.blogspot.co.uk/2017/07/excel-lose-in-count-witness-irrelevant.html

youdontsay

Fruitcake wrote: »

Don't forget to ask for costs, including those for unreasonable behaviour. Have you thought about a counterclaim for DPA breach and possible harassment in case the scammers pull out or don't turn up to defend?

I'm not sure what you can claim, but I'm sure there must be something.

To be honest Im more interested in getting a line drawn under this but I see your point and it may be worth thinking about. Im guessing that would be a separate procedure? Or does it get discussed at this stage ? It might deter them from harassing other innocent people if they have to pay out?

Coupon-mad

Thank you for your quick reply. I will do as you advise today. Should I email the courts separately and mention that I had asked for my previous defence to be disregarded and that it was confirmed on two occasions via telephone calls that this was done, and that a note had been put on claim file. But for for some reason, my defence has been acknowledged before receiving the amended defence?

I would not. I would just email your defence with the claim number and 'defence' in the heading.

Also I believe the defence should have been typed in Times New Roman font with 1.5 spacing, should I convert the defence prior to emailing? I have in my hand a copy of each version but thought I should check first

Yes but then of course you will have to re-sign and date the copy before scanning it. You can't send an unsigned/undated document.

I have just noticed that advice from Redx further up this thread advises to include MCOL references in the body of the email, but no mention of it more recently. Should I include MCOL details in email or not? There are several other reference numbers that Ive included in order to pinpoint my actual claim is what I am thinking

The Claim Number is enough to identify the case for the Claimant and the Court.

youdontsay

Thank you. I did all that you advised and have now sent it, and received an acknowledgement of my email. Ill do a spot of background reading as a I await the next step from the courts. I have written to Nick Smith after watching the Parliamentary debate. Lets hope and pray that these people get their car parks closed down Thank to everyone who has helped me, Im very grateful

youdontsay

Im not a happy bunny today as I have received an email from ccbc stating that they cant accept the second defence as they have acknowledged my first defence.

As explained I telephoned them twice within hours of sending my original defence to request that it be disregarded and was assured twice, by two different people that a note was on my file to this effect.

It seems that the only way I can amend the defence is to pay £100 up front.

What an awful lot of court time, personal time, effort and money these cowboys are causing by their greed

Should I leave this as is or pay to amend the defence?

youdontsay

Actually, looking at the email thats been sent to me, Im not sure I can make an amendment as the fee has to be paid by cheque or postal order, meaning a dependence on the postal system to get it there on time and the deadline for this is 14th Feb I believe.

youdontsay

I apologise in advance for this but Im not sure what would be the best way forward.

I started this thread regarding a claim form sent recently which was for a alleged parking offence 6 years ago. Some very helpful people are giving me advice on it which Im very grateful for.

Meanwhile I have received another PCN which allegedly took place a month ago. I wasnt the driver at the time and its likely that there was an overstay apparently.

My question is, that with the 6 year old case still very much going on, should I do anything yet or hold fire until the older one is completed? Im thinking that if Excel realise another one has come in, will it jeopardise the outcome of the case, making me look like an irresponsible car parker, which I am not?

Equally, I would like to nip this one in the bud, the thought of them hounding me for 6 years is unthinkable, as Ive read they are prone to do on these forums.

And should I start a new thread about this or just read the general Newbie advice?




You wait for hours for a bus and none come along, then two come at the same time

Quentin

Yes if you need advice on the new charge start a new thread.

Forget about this new one jeopardising the original one and just follow the steps set out in the Newbies FAQ thread on how to deal with this

The only way to nip it in the bud is to pay it off!

All creditors have 6 years to pursue you over an unpaid debt but once you have completed the appeals stage you can ignore their hounding and only respond to a lbcca or Court correspondence

Coupon-mad

Already expected all of this, surely you did too? This was bound to happen, nothing different.

That's why I suggested you email your actual defence to the claimant. Hope you did?

Then let the case carry on, and in your WS you explain that the Claimant bullied you into submitting a form that didn't carry your full defence, but to mitigate that issue in good faith, you sent the court and the claimant the full defence within days.

You will be painting this as a picture of unreasonableness, later. At WS stage.

youdontsay

Coupon-mad wrote: »

Already expected all of this, surely you did too? This was bound to happen, nothing different.

That's why I suggested you email your actual defence to the claimant. Hope you did?

Then let the case carry on, and in your WS you explain that the Claimant bullied you into submitting a form that didn't carry your full defence, but to mitigate that issue in good faith, you sent the court and the claimant the full defence within days.

You will be painting this as a picture of unreasonableness, later. At WS stage.

To be honest I wasnt sure what to expect!

Yes I emailed BWL the defence and stated, as you suggested, that I was sending it out of courtesy, nothing else, no more wording.

So I just wait now for the next step Im guessing?

I think this was possibly why I had a big panic on in the beginning? I kind of knew that there might be hiccups and I didnt have a lot of time to play with to start with. Frustrating that I spoke to 2 people in the courts and they both confirmed that first defence would be disregarded.

These people must waste an immense amount of court time and resources. Im amazed its being going on as long as it has