Claim Form - Originated from PCN where machine was broken.

Coupon-mad

It looks good.

I just had another read and I'd change this only. What you put as '9.2.' should be 10:

10. Given the fact that no 'CN' was served - only a piece of paper in a yellow envelope, emblazoned 'this is NOT a parking charge' - the Defendant was left in an uncertain position but was concerned that the PDT machine was unable to take the parking payment. So, in good faith (in order to make payment by another method and given there had been no CN properly given) the Defendant paid by posting a cheque made out to the Claimants legal business name, of £4.00. This cheque covered the ‘rate of parking’ for two hours (£2.00) on the material date, at the location identified in the Particulars.

10.1. The cheque payment of the tariff was rejected by the Claimant, without a reasonable explanation. The Defendant avers that a de facto payment of the tariff was properly made in a timely manner, and it was the Claimant's choice to send back the cheque, even though the later Notices make it clear that payment of a parking charge can be made by cheque.

10.2. In any event, the sending of the cheque pre-dated any later letters purporting to be a hybrid 'Notice to Keeper' (NTK) so any allegation in a NTK that the tariff was 'unpaid', is demonstrably untrue.

Then your final point becomes #11.

iiydro

Hi Coupon-Mad, apologies if this is my error. I sent the cheque with my appeal, once the NTK came through. Would point 10.2 still be valid in this case?

beamerguy

iiydro wrote: »

Hi Coupon-Mad, apologies if this is my error. I sent the cheque with my appeal, once the NTK came through. Would point 10.2 still be valid in this case?

You sent them a cheque ????

Coupon-mad

I think remove 10.2

iiydro

KeithP wrote: »

When you are happy with the content, your Defence should be filed via email as described here:

1) Print your Defence.
2) Sign it and date it.
3) Scan the signed document back in and save it as a pdf.
4) Send that pdf as an email attachment to [EMAIL="CCBCAQ@Justice.gov.uk"]CCBCAQ@Justice.gov.uk[/EMAIL]
5) Just put the claim number and the word Defence in the email title, and in the body of the email something like 'Please find my Defence attached'.
6) Log into MCOL after a few days to see if the Claim is marked "defended". If not chase the CCBC until it is.
7) Wait for the Directions Questionnaire and come back here.

Hi Keith, I've submitted using the email now. I've had difficulty logging into the MCOL this week and unable to reset my password to login. You don't happen to know a number to call for support or email for step 6 in a few days time?

Coupon-mad

See if mcol@hmcts.gsi.gov.uk still works,

Snakes_Belly

I am defending a case where the machine did not work and I am not an expert.

When you telephoned the company and they wanted you to pay by debit card there was a charge which could mean that they varied the contract from the published tariff on the signage. It's just a thought. The cost of the transaction to them is only 10p/20p and it's their fault. If they are asking for £2.00 as a transaction fee then they are surely changing the goalposts.

It's possibly a premium number that you had to ring as well.

Ticket machines have been skimmed so I can understand why you were wary of paying over the phone with a card with details taken from a meter that appears to have been vandalised. There are some very elaborate scams where scammers use all kinds of ruses to obtain card details often by asking for a small amount such as a surcharge etc.

iiydro

There was a surcharge when told about the debit card payment. Defence is submitted already but also received a forwarded email chain from the parking company that the tickets were cancelled. I wasn't leaving anything to chance however, so they should roll over when the case comes to their reply.