PNC MCOL calim form

jocker01

Hi, On 6/8/17 my car was fined for parking by Vehicle Control Sevices LTD for parking without valid permit (my sister-in-law run out of spare permits). I kept receiving letters but did not responded. I logged-in once to the service to appeal (myparkingcharge.co.uk) but any option did not match my circumstance.

Today, I got a Claim form from Money Claims Online, County Court Bulk Centre.
I read FAQ and look like I need to respond to this letter, but I'm not convinced that this is genuine letter, court cress is barely visible and kinda blurry.

Any help will me much appreciated.
Regards
Jocker01

Quentin

It sounds like a claim


If it's from Northampton it probably is genuine


Everyone is asked to read up on this in the newbies faq thread ndear the top of tghe forum


#2 there covers court claims and how to defend them


Your first job before thinking about the defence is complete the AOS - all explained in that thread

jocker01

I acknowledged service last week. I kept reading 'newbies threat' over and over again and this gives me headache every time, getting more and more stressed out, way to much information as once

I kept all the letters sent to me, none of which were sent via recorded and they have no prove that I received them.

Contravention date: 06/08/2017

I got NTK issued on 15/08/2017, after that date I went on a website to file appeal but all the options required to name a driver, there wasn't address to sent appeal to just website.

Final reminder on 13/09/2017
Later received ZZPS limited Debt collection notice on 2/10/2017 and Notice of intended legal collections on 16/10/2017.
Finally on 06/11/2017 I got letter from QDR Solicitors asking for payment of £160.

I'm trying to form some sort of defense and place it on MCOL website, am I right to think that what ever defense I list they will need to provide an evidence against it, and prove beyond reasonable doubt that I'm guilty?
I believe that on myparkingcharge website they have pictures of my car etc.

Regards
Jocker01

beamerguy

jocker01 wrote: »

I'm trying to form some sort of defense and place it on MCOL website, am I right to think that what ever defense I list they will need to provide an evidence against it, and prove beyond reasonable doubt that I'm guilty?
I believe that on myparkingcharge website they have pictures of my car etc.

Regards
Jocker01

They also need to explain the £60 fake add-on which
the debt collector tries on

Le_Kirk

jocker01 wrote: »

I acknowledged service last week. I kept reading 'newbies threat' over and over again and this gives me headache every time, getting more and more stressed out, way to much information as once

You should be reading the thread, no wonder you have a headache! Just read it little by little, only read the next bit that is related to you and your situation - e.g. next up is your defence (as you say) so concentrate on pulling together the facts surrounding your situation and the legal arguments, read a few RECENT defences and put yours together for critique on here before submitting it.

jocker01 wrote: »

I'm trying to form a robust [STRIKE]some sort of [/STRIKE][STRIKE]defense[/STRIKE] defence and place it on MCOL website, am I right to think that what ever [STRIKE]defense [/STRIKE] defence I list they will need to provide an evidence against it, and prove beyond reasonable doubt that I'm guilty?

It is for the claimant to prove their case, so you, in your defence "put them to strict proof."
When your defence is ready and been critiqued, you print it, sign it, scan it back in as a .pdf and send that to the claimant and the court. KiethP has written some good guidance on how to send your defence, search for his posts.

ETA: Just found a link to recent post by KeithP

System

Was the space you parked on hers. Alternatively was the space part of the common areas and she had a right (as well as her visitors) to park there.

Identifying the actual space and the rights to it are key. "Permits" and signs mean nothing without the context.

jocker01

IamEmanresu wrote: »

Was the space you parked on hers. Alternatively was the space part of the common areas and she had a right (as well as her visitors) to park there.

Identifying the actual space and the rights to it are key. "Permits" and signs mean nothing without the context.

Parking is a common area, outside 3 block of flats with only few parking spaces, both her and visitors need to display a permit.

KeithP

jocker01 wrote: »

I'm trying to form some sort of defence and place it on MCOL website, am I right to think that what ever defence I list they will need to provide an evidence against it, and prove beyond reasonable doubt that I'm guilty?

What??

You make it sound like a criminal case.

No-one is going to be found guilty.

You are right, they need to prove their case, but only 'on the balance of probabilities' not 'beyond reasonable doubt'.

jocker01

KeithP wrote: »

What??

You make it sound like a criminal case.

No-one is going to be found guilty.

You are right, they need to prove their case, but only 'on the balance of probabilities' not 'beyond reasonable doubt'.

Criminal cases is all I know (I'm not a criminal though)

System

Parking is a common area, outside 3 block of flats with only few parking spaces, both her and visitors need to display a permit.

The comment "need to display" needs a bit more. Does the need come from

- the lease or rental agreement
- the permits when she got one
- her landlord
- or only the signs.

The idea is that they can only ask for £100 IF there is a legitimate reason for having the permit system for residents. So what was she told when the permits were given to her.

Parking companies can make up as many rules as they want - but the only ones where they can get £100 is where there is clear reason for the "rule". So that needs to be investigated.

jocker01

IamEmanresu wrote: »

The comment "need to display" needs a bit more. Does the need come from

- the lease or rental agreement
- the permits when she got one
- her landlord
- or only the signs.

The idea is that they can only ask for £100 IF there is a legitimate reason for having the permit system for residents. So what was she told when the permits were given to her.

Parking companies can make up as many rules as they want - but the only ones where they can get £100 is where there is clear reason for the "rule". So that needs to be investigated.

She is a council tenant and was provided with single permit for her vehicle and one temporary for visitors, but on that day the temporary permit was not available because other visitor forgot to return it
I honestly do not know if there is a legitimate reason for having parking system and there was no need for any permit until signs were put up. The parking is very limited for amount of residents, each block have at least 8 flats. (https://www.google.com/maps/place/Cress+Hill+Pl,+Oxford+OX3+9EZ/@51.7640696,-1.196588,59m/data=!3m1!1e3!4m5!3m4!1s0x4876c22ae75640b9:0x6d416183d550a219!8m2!3d51.7640977!4d-1.1966638).

Thanks