PCN taken to County Court

Trina.lawrence1

Hi everyone,

I'm just looking for a bit of advice on my particular situation. I've looked on over a dozen forums and none seem to have my particular circumstances. So I will start from the beginning...


On 21/12/2017 I receive a letter from Civil Enforcement Ltd, the claimant. This instructs me to pay or the next step Willie court action. I take the threat with a pinch of salt as it'd be going on for almost a year and I didn't feel any need to respond, hoping they would just give up. Over a month later, I receive a letter from the County Court Business Centre including a response pack, acknowledgement of service, admission form etc. Baring in mind, every time I receive a letter, the price goes up a substantial amount and now it stands at £330.

I am now trying to write up my defence. The car, at the time, was registered in my mother's name so the case is against her. However, she was not insured on the car as I was the main policy holder with 2 other named drivers - my mother not being one of them. At no point, have the issued a letter to the driver at the time, it has always been to the registered keeper. Is this a good point to include in my defence?

Also, I am going to defend on the grounds of a potentially fraudulent looking letter. The first letter I received did not have a company header of any sort and was simply titled "Parking Charge Notice (PCN)". The only point in which the company was named is towards the bottom of the letter stating "failure to pay the amount due within 28 days of the issue may result in Civil Enforcement Ltd forwarding your account to a debt recovery agency and you may incur additional costs". The letter itself, could have been made by anyone who simply has access to a computer as it is not on company headed paper so I feel this should be included in my defence also.

Any other suggestions would be greatly welcomed and if you would like any other details in order to give me any well appreciated advice, do not hesitate to say so. I also have several other letters if you would like to see them to form any judgement.

Many thanks !!!128522;

tedharris02

Edit this post to make sure the driver is not identifiable and read the NEWBIES sticky. Lots of advice there on how to draft up a strong defence for a court claim.

Trina.lawrence1

Thanks for your response. Could you tell me how to find the NEWBIES sticky please?

KeithP

Go back to the screen where you hit the new thread button earlier.

The thread you are looking for is titled:
**NEWBIES!! PRIVATE PARKING TICKET? OLD OR NEW? **READ THESE FAQS FIRST!** Thankyou!

waamo

It's here http://forums.moneysavingexpert.com/forumdisplay.php?f=163
Second post down.

The_Deep

[FONT=Times New Roman, serif]This is an entirely unregulated industry which is scamming the public with inflated claims for minor breaches of contracts for alleged parking offences. [/FONT]

[FONT=Times New Roman, serif]Parking Eye, Smart and a smaller company have already been named and shamed, as has Gladstones Solicitors, who take hundreds of these cases to court, who have also been reported to the regulatory authority. [/FONT]

[FONT=Times New Roman, serif]The problem has become so rampant that MPs have agreed to enact a Bill to regulate these scammers. Watch the video of the Second Reading in the HofC recently.[/FONT]

[FONT=Times New Roman, serif]http://parliamentlive.tv/event/index/2f0384f2-eba5-4fff-ab07-cf24b6a22918?in=12:49:41[/FONT]

[FONT=Times New Roman, serif]and complain in the most robust terms to your MP. With a fair wind most of these companies may well be put out of business by Christmas.[/FONT]

Trina.lawrence1

Hello again,

Still looking for some response on how to potentially strengthen my defence statement. I also want to include that the defendant who was the registered keeper at the time wasn't even insured on the vehicle so couldn't be driving it, therefore not liable for the PCN but I'm unsure how to word this? This is my defense at the moment, feel free to tear it apart and any pointers are greatly welcomed.

Quentin

Whether or not the defendant had insurance is irrelevant.

Follow the advice in #2

The ppcs monitor this forum and can use your posts against you

Trina.lawrence1

But the defendant is the registered keeper in question and others were insured but the registered keeper was not so I thought if they cannot pinpoint who the driver was, can they really charge someone even if they aren't not liable to pay it?

Can you tell me how they would use this post against me as it is just a genuine enquiry and doesn't necessarily name the driver, it just states that the registered keeper may not have been the one driving?

Any help is greatly appreciated, thank you

Quentin

You want to use pofa arguments in your defence!

Pofa allows them to come after the keeper which is what they have done

They aren't saying the keeper was the driver are they?

Up to you whether you want to expose the driver in a public forum you know the ppcs monitor


If you inadvertently used your real name as your forum name the get MSE to change it to something truly anonymous

Trina.lawrence1

8. The Claimant failed to meet the Notice to Keeper obligations of Schedule 4 of the Protection of Freedoms Act 2012. Absent such a notice served within 14 days of the parking event and with fully compliant statutory wording, this Claimant is unable to hold the Defendant liable under the strict !!!8216;keeper liability!!!8217; provisions. Schedule 4 of the Protection of Freedoms Act 2012 also states that if no physical Parking Charge Notice was placed on the vehicle, the Parking Charge Notice must be served within 14 days of the incident occurence, however in this case, it was served after this period.

Is this around what you're thinking? Should I elaborate more on this particular point or include more of the non compliant aspect to pofa?
In your opinion, what other parts of pofa shall I include?