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Pcn parking fine

2

Comments

  • KeithP
    KeithP Posts: 41,296 Forumite
    Part of the Furniture 10,000 Posts Name Dropper
    With a Claim Issue Date of 17th October, you have until Monday 5th November to do the Acknowledgement of Service, but there is nothing to be gained by delaying it. To do the AoS, follow the guidance offered in a Dropbox link from post #2 of the NEWBIES FAQ sticky thread.

    Having done the AoS, you then have until 4pm on Monday 19th November 2018 to file your Defence.

    A whole month. Loads of time to produce a perfect Defence, but don't leave it to the very last minute.


    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 CCBCAQ@Justice.gov.uk
    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 your Directions Questionnaire and then re-read post #2 of the NEWBIES thread to find out exactly what to do with it.
  • Redx
    Redx Posts: 38,084 Forumite
    Eighth Anniversary 10,000 Posts Name Dropper Photogenic
    edited 18 October 2018 at 11:35PM
    POC details

    Claim for monies relating to a parking charge for parking in a private car park managed by the claimant and in breach of the terms and conditions. Drivers are allowed to park in accordance with the T&C's of use. ANPR cameras and/or manual patrols are used to monitor vehicles entering and exiting the site.


    Debt + damages claimed the sum of £236.00 violation date 11/02/2018 time in 12:30 time out 14:41


    then a PCN ref number Car registration
    Total due £236.00


    The claimant claims the sum of £248.78 for monies relating to a parking charge per above including 12.78 interest pursuant to S.69 of the county courts act 1984 rate 8.00%pa from dates above to 16/10/18 same rate to Judgment or sooner. Daily rate to Judgment 0.05 - Total debt and interest due £248.78


    Amount claimed - £248.78
    Court fee - £25
    Legal Rep costs - £50
    Total Amount - £323.78

    so a lot more info than this post earlier

    violation 11/02/2018
    time in 12:30 time out 14:41
    amount due 236 pounds

    legal and court fees =323


    so as with some other claims, and abuse of process due to the inflated add ons
  • Hello I will read other links as to what to write for my defence is there anything I should decently include or not include.
    Also the court letter requests I send details of salary employment depends etc is this normal
  • Umkomaas
    Umkomaas Posts: 43,460 Forumite
    Part of the Furniture 10,000 Posts Name Dropper Photogenic
    You must follow advice that is given to you for your own good. You have failed to follow that given by Redx in post #14 - do that now. I won't convert the links you've given - as the first one stands, it has the potential to do you harm!

    Did you read the signs in the car park in which your car was parked?
    is there anything I should decently include
    The facts of your case.
    or not include.
    Legal references/cases about which you have no clue whatsoever, without first researching them and acquiring some understanding before quoting.

    Follow the model proposed by bargepole - it's an example, not for copying and pasting as your defence!

    https://forums.moneysavingexpert.com/showpost.php?p=74674865&postcount=24
    Please note, we are not a legal advice forum. I personally don't get involved in critiquing court case Defences/Witness Statements, so unable to help on that front. Please don't ask. .

    I provide only my personal opinion, it is not a legal opinion, it is simply a personal one. I am not a lawyer.

    Give a man a fish, and you feed him for a day; show him how to catch fish, and you feed him for a lifetime.

    Private Parking Firms - Killing the High Street
  • How can you defend my situation there isn’t much to go on
  • Umkomaas
    Umkomaas Posts: 43,460 Forumite
    Part of the Furniture 10,000 Posts Name Dropper Photogenic
    How can you defend my situation there isn’t much to go on

    We won't be defending your situation, you need to do that.

    The bargepole example was just that, an example of how to lay your defence out and the type of areas you should consider covering.

    If you do a forum search on 'Civil Enforcement defence' and read recent ones (past 3-4 months), you will see the areas of defence others have covered - but many will be long-winded and full of legal references, some of which are probably irrelevant.

    Read through those, set your own parking event against them and pick out relevant points you can build into your own defence, following the bargepole example.

    HOW TO USE THE FORUM SEARCH FUNCTION:

    Hit your 'Back' button to get back to the forum thread list. On the bar just above the threads you'll see the 'Search' function. Click on the 'Advanced Search' button and on the following page place your keyword(s) in the 'Search By Keyword(s)' and make sure the 'Show Results As' button (at the foot of the window) is changed from 'Threads' to 'Posts'.

    HOW TO FIND A THREAD BY A PARTICULAR USERNAME:

    If you wish to find posts by a particular poster, follow the above, but use the 'Search by Username' box to input their username.
    Please note, we are not a legal advice forum. I personally don't get involved in critiquing court case Defences/Witness Statements, so unable to help on that front. Please don't ask. .

    I provide only my personal opinion, it is not a legal opinion, it is simply a personal one. I am not a lawyer.

    Give a man a fish, and you feed him for a day; show him how to catch fish, and you feed him for a lifetime.

    Private Parking Firms - Killing the High Street
  • nosferatu1001
    nosferatu1001 Posts: 12,961 Forumite
    10,000 Posts Third Anniversary Name Dropper
    Seriously

    NEWBEIS THREAD, POST TWO, contains more examples of defences than you can shake a stick at.

    Or do a search

    If you act defeatist and dont show any ability to get your rear in gear, you are going to get nowhere.
  • KeithP
    KeithP Posts: 41,296 Forumite
    Part of the Furniture 10,000 Posts Name Dropper
    Adrianlivya12, it is quite likely that you won't even need to file a Defence.

    Someone else will do it for you. :eek:

    The probability increases by the minute all the time your MCOL password is visible to the world.

    Please read again Redx's post at 10:39pm yesterday.
  • KeithP
    KeithP Posts: 41,296 Forumite
    Part of the Furniture 10,000 Posts Name Dropper
    edited 19 October 2018 at 4:02PM
    I don’t understand someone will do it otherwise?
    This is a public forum all sorts of mischievous people may have read that.

    It is well known, and can be proved, that the parking companies trawl this forum and others just waiting for people to trip themselves up.

    How can I delete my old messages I’ve tried to search threads I can’t work it out
    To delete your post, or even to edit just to remove unwanted text, use the edit button on that particular post and follow your nose.

    Some people have reported difficulties like that when using a mobile telephone, but how to use a mobile telephone is outside the scope of this parking forum.
  • nosferatu1001
    nosferatu1001 Posts: 12,961 Forumite
    10,000 Posts Third Anniversary Name Dropper
    You dont delete
    You edit it, using the EDIT button. If you cant see teh EDIT button you are not using a full pc but merely a phoen or similar, and canot use all the features.

    With the MCOL password visible, ANYONE IN THE WORLD can now submit a defence for you. Thats literally what the password lets you do. If you dont understand that, you havent yet read the NEWBIES THREAD, POST TWO, which tells you in NO uncertain terrms exactly what MCOL lets you do.

    Edit it now
    No prevarcating. Find a way to do it.
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