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Help!! Court letter received....

Hello, i wonder if anyone can help me?
Also I would like your opinion on if I have a strong case as we feel we were wrongly issued a PCM.
In March of this year we were issued a PCM. We were parked in a visitors bay with a valid visitors voucher clearly displayed.
The painted bays were very faded.
We moved here in aug 2017 when a different parking company were in management and the visitors bays were already faded but was always ok to park there with a valid visitors voucher.
A new company took over in the January parking control management.
The bays were still very faded but people still assumed it was as always ok to park there with a valid permit.
We parked displaying a valid permit and was shocked to get a ticket for being parked outside a marked bay.
We appealed the ticket stating they had always been visitors bays and we had not been informed by them of any changes to this since them taking over the denied our appeal.... took it to the ias they also dismissed the appeal.
2 days after our appeal was dismissed the pcm company repainted the lines on the bay!! Acknowledging that they are in fact visitors bays.
We have since received a letter for a court claim.
Help! Many thanks x
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Comments

  • Redx
    Redx Posts: 38,084 Forumite
    Eighth Anniversary 10,000 Posts Name Dropper Photogenic
    what is the DATE OF ISSUE on the MCOL ?


    and what are the POC on that form ?


    what are the terms and conditions in the lease for parking matters ?


    and its PCN , not PCM


    name the parking company please (full name)
  • Michy1
    Michy1 Posts: 14 Forumite
    Thanks for replying, bare with me as I’m a newbie here but the info you are asking for is
    I received the claim form dated 19th sept.
    The poc are:
    For breaching the terms of parking on the land.
    Which in this case on the original PCN is not parking in a marked bay.

    It states on there signage visitors can park within the marked bays with a valid voucher.
    The bays were very worn at the time but they have since repainted them.
    Hope this helps x
  • Redx
    Redx Posts: 38,084 Forumite
    Eighth Anniversary 10,000 Posts Name Dropper Photogenic
    not enough info, please answer ALL questions IN FULL


    1) is that 19th Sept date the DATE OF ISSUE on that form ?


    2) EXACTLY what does it say in the POC box on that form ?


    3) what is the full name of the parking company that issued it ?


    4) who normally kept the visitor voucher ? the leaseholder ? tenant ? who ?


    5) is the defendant the keeper ?


    6) is the defendant the leaseholder or a visitor that needs the visitor voucher ?
  • Michy1
    Michy1 Posts: 14 Forumite
    Thank you ��
    Ok
    1. The 19th sept is the issue date on the claim form.

    2. The poc box states:
    The driver of the vehicle registration xxx incited the parking charge on 21/3/2018 for breaching the terms of parking on the land lavender fields.
    The defendant was driving the vehicle and is the keeper.

    3 The company is Parking Control Management UK LTD.

    4 The tenant are the keepers of the vouchers.

    5. The defendant is the keeper.

    6 The defendant is the tenant we was on this day parking in a visitors bay as we had a problem with our car but had the valid voucher clearly displayed.

    Hope this helps now thank you so much.
  • Michy1
    Michy1 Posts: 14 Forumite
    Incurred not incited sorry I’m on my phone!
  • Coupon-mad
    Coupon-mad Posts: 153,404 Forumite
    Part of the Furniture 10,000 Posts Name Dropper Photogenic
    The defendant was driving the vehicle and is the keeper.
    Really - do they KNOW you were driving, or have they put 'and/or'?
    PRIVATE 'PCN'? DON'T PAY BUT DON'T IGNORE IT (except N.Ireland).
    CLICK at the top or bottom of any page where it says:
    Home»Motoring»Parking Tickets Fines & Parking - read the NEWBIES THREAD
  • Michy1
    Michy1 Posts: 14 Forumite
    It’s says The defendant was driving the vehicle and/or is the keeper of the vehicle

    X
  • Michy1
    Michy1 Posts: 14 Forumite
    It’s my husbands car. He suffers with depression and anxiety so this is all causing him a lot of health problems he is saying maybe we should just pay it but we feel very strongly that we should not pay as it’s not our responsibility that the bays had worn and not been repainted, and the fact that they repainted the lines after our appeal was denied has just added insult to injury :(
  • Coupon-mad
    Coupon-mad Posts: 153,404 Forumite
    Part of the Furniture 10,000 Posts Name Dropper Photogenic
    It’s says The defendant was driving the vehicle and/or is the keeper of the vehicle
    Which is why we wanted the EXACT words!

    What does it say after that in the POC, you stopped short...
    The driver of the vehicle registration xxx incited the parking charge on 21/3/2018 for breaching the terms of parking on the land lavender fields. The defendant was driving the vehicle and/or is the keeper.
    What else after that?

    Have you read the NEWBIES thread and done the Acknowledgement of Service on MCOL, as per the pictures shows in the 2nd post of the sticky?
    We feel very strongly that we should not pay as it’s not our responsibility that the bays had worn and not been repainted, and the fact that they repainted the lines after our appeal was denied has just added insult to injury
    We feel just as strongly and will support you! This is a SCAM.
    PRIVATE 'PCN'? DON'T PAY BUT DON'T IGNORE IT (except N.Ireland).
    CLICK at the top or bottom of any page where it says:
    Home»Motoring»Parking Tickets Fines & Parking - read the NEWBIES THREAD
  • Michy1
    Michy1 Posts: 14 Forumite
    I’m sorry for my ignorance I will be sure to read the thread now :)
    I’ve found my way here in desperation as this type of thing isn’t something we fully understand.
    Thank you I will read now.
    It says after
    AND THE CLAIMANTS CLAIMS
    £160 for parking charges/ damages and indemnity costs if applicable together with interest of £4.95 pursuant to s69 of the county courts act 1984 at 8% pa, continuing to judgment of £0.04 per day.

    I’m off to read the post you have told me about thanks x
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