PCN Advice needed

Coupon-mad

I had a quick reply back from Gladstones. They have refused my request to suspend data processing but have extended my 30 day time limit. Is that normal?

Yes.

At each stage and letter why not just search the forum to find it already said on other threads so you can see what to do, and be reassured? We see this day in day out, and so can you, that's why we are so relaxed about waiting for the claim, as we know most people win.

'Advanced search', tick POSTS not threads, keywords like 'Gladstones refused suspend data'.

Iceward

Thank you.

Iceward

Ok so after many weeks with no contact regarding my PCN, I have today received a Claim Form in the post from the Northampton County Court Business Centre.

I have already completed the AOS and am trying to prepare a defence statement. I have read again the Newbie Sticky, but my head is swimming.

My defence is based on poor/inadequate signage and unfair charging.

In summary... the car park offers 2 hours free parking if you enter your reg. I attempted to do this but the machine said MACHINE CLOSED, SEE CHARGING HOURS. I therefore thought that the car park was free after 6pm (as is quite often the case) and parked my car for 16 minutes. The car park was not physically closed, and although I now know that one of the signs said that the car park was closed after 7pm, I did not register it at the time.

So for the poor/inadequate signage can I still quote Parking Eye v Beavis or is there other case law that is better or more relevant?

Also can I claim that the charge as claimed can be deemed as a penalty and therefore unfair? i.e. in normal business hours my 16 minutes of parking would be free.

I appreciate your time.

KeithP

What is the Issue Date on your Claim Form?

Le_Kirk

I have read again the Newbie Sticky, but my head is swimming.

Which part of the NEWBIE thread did you read? To prevent your head swimming or indeed spinning, go to post # 2 of the NEWBIE and scroll down to here: -

Here are some cases won or in progress:

Here is a defence

where you will find 17 assorted defences. Pick one and adapt it.

Iceward

The date on the claim form is the 19th, but I've called them and they said either the 14 or 28 day period starts from the 22nd

Iceward

Le_Kirk wrote: »

Which part of the NEWBIE thread did you read? To prevent your head swimming or indeed spinning, go to post # 2 of the NEWBIE and scroll down to here: -

where you will find 17 assorted defences. Pick one and adapt it.

At one point I had 22 different windows open, all with a different thread. But ok I will go back and have another look. Thanks

KeithP

Iceward wrote: »

The date on the claim form is the 19th, but I've called them and they said either the 14 or 28 day period starts from the 22nd

Are you really saying that your Claim Form has an Issue Date of 19th June 2019 printed on it?

That's today. I am left wondering how it got to you so quickly.

Iceward

KeithP wrote: »

Are you really saying that your Claim Form has an Issue Date of 19th June 2019 printed on it?

That's today. I am left wondering how it got to you so quickly.

Sorry my bad,,, it was issued on the 17th.

KeithP

With a Claim Issue Date of 17th June, and having done the Acknowledgement of Service in a timely manner, you have until 4pm on Monday 22nd July 2019 to file your Defence.

That's over a month away. Loads of time to produce a perfect Defence, but please don't leave it to the last minute.


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

Print your Defence.
1. Sign it and date it.
   
2. Scan the signed document back in and save it as a pdf.
   
3. Send that pdf as an email attachment to CCBCAQ@Justice.gov.uk
   
4. 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'.
   
5. Log into MCOL after a few days to see if the Claim is marked "defence received". If not chase the CCBC until it is.
   
6. Do not be surprised to receive an early copy of the Claimant's Directions Questionnaire, they are just trying to keep you under pressure.
   
7. Wait for your DQ from the CCBC, or download one from the internet, and then re-read post #2 of the NEWBIES FAQ sticky thread to find out exactly what to do with it.