Penalty Charge Notice issued at Sennen Cove Beach car park for not displaying a valid ticket

Sunny127

Hi,

I am a registered keeper of a vehicle and have received 2 letters from TNC advising for outstanding parking charge. However the driver of the car that day had paid until midnight and their ticket shows this and PCN was issued early afternoon.

No appeal was made now there are letters from TNC.
Do i advise the driver of the vehicle to appeal through usual channels on newbie thread or appeal based on the fact the ticket was valid the drive had on display that day.

Thanks in advance.

nosferatu1001

What you do is comply with the rules you agreed to when signing up, and start your OWN THREAD on this. What youve done is hijacked someone elses thread - THEIR conversation - and butted in, asking for help with your issue.

69jase

I submitted my defence on the 3rd June.

I have now subsequently received correspondence from BW Legal stating that their client intends to continue with the claim and also a copy of the Claimant's completed Directions Questionnaire.

I have also received the Directions Questionnaire (Small Claims Track) from the Court, which I intend to complete in line with the advice provided in posting https://forums.moneysavingexpert.com/discussion/5546325/court-claim-procedure-updated-october-2016

Also, I was intending on returning the completed Directions Questionnaire by post and also emailing a scanned copy to the same email address I submitted my defence?

Many thanks.

Coupon-mad

Just email it to the CCBCAQ email and to the Claimant's solicitor. No posting.

69jase

Cheers C-M. Just realised that an electronic version of the DQ can be downloaded.

KeithP

69jase wrote: »

Cheers C-M. Just realised that an electronic version of the DQ can be downloaded.

Yes, post #46 above, from early May, told you that.

Hint: fill in the form online before downloading and signing. It's neater.

69jase

Apologies KP,, that seems so long ago now. Such a gap between submitting my defence and recieving the DQ.

Cheers for the hint ��

didgeridoooo

OP - Has there been any update to proceedings here?


Did you ever receive a reply to your landowner complaint?

69jase

I am happy to share with you a positive update and outcome, from my perspective anyway!

In response to the Notice of Proposed Allocation to the Small Claims Track and in line with the advice provided through this forum, I submitted my (Defendant’s) Directions Questionnaire via email on 17th July to both the County Court and also served on the Claimant’s Legal Service Provider (BW Legal).

On 25th July I received Notice of Transfer of Proceedings; that the claim had been transferred to my local County Court Hearing Centre for allocations.

On 11th September I received General Form of Judgement or Order from my local County Court, in which it was stated …
“IT IS ORDERED THAT
1) The particulars of Claim do not comply with CPR 16.4(1)a and are by this order struck out.
2) The Claimant must by 4pm on 9 October 2019 file and serve a Particulars of Claim, supported by a statement of truth, identifying:
a) Whether the claim is brought under Schedule 4 to the Protection of Freedoms Act 2012.
If so,
b) By reference to the definition of “relevant obligation” in paragraph 2 of Schedule 4 to the Protection of Freedoms Act 2012, whether it is alleged that the claim is based on a relevant obligation:
i) “Arising under the terms of a relevant contract” or
ii) “Arising, in any circumstances where there is no relevant contract, as a result of a trespass or other tort committed by parking the vehicle on the relevant land”
c) If a contract is alleged, what was the consideration provided by the Claimant and what was the breach of contract.
d) If no contract is alleged, what was the “trespass or other tort committed by parking the vehicle on the relevant land”.
If the claim is not brought under the Protection of Freedoms Act 2012,
e) The cause of action and how it arose.
f) If the cause of action is breach of contract, the parties to the contract, the consideration by the Claimant and the alleged breach of contract.
3) If the Claimant fails to comply with the above direction, the claim shall be struck out automatically and without further order.
4) If the Claimant complies with the Order the Defendant may send to the court and the Claimant’s solicitors a Defence in substitution for the Defence dated 3 June 2019 by 4pm on 6 November 2019.
5) At the expiry of the time limit at paragraph 4, the file will be referred back to any District Judge for further case management.”

On 1st October I received a correspondence from BW Legal which enclosed by way of service their client’s Notice of Discontinuance; informing me that a copy had also been filed at court.

I’d like to say a BIG THANKS for all the advice and support I received through this forum, particularly from Coupon-mad, Redx, Umkomass, KeithP, Ralph-y, HateVCS.

I think I read correctly in other threads that I can/should make a counter claim for my time to defend disputing the claim, distress of the experience, etc.?

The_Deep

They have wasted your time, now waste theirs. Send them an invoice for your time at £19 per hour. If they do not respond send them a letter before action

https://www.which.co.uk/consumer-rights/letter/letter-before-small-claims-court-claim

If they ignore that take them to court. See how they like them apples.

Have you complained to your MP?