MCOL Issued

mand898

Date PCN received - 12/01/18
MCOL Claim Issued - 19/10/18
PPC - Vehicle Control Services

Hi, I need help with this now, I have submitted an Acknowledgement of Service today 23/10/18 and need help with my defence. The PCN was issued in a large car park which I have since found out is actually two car parks. Half is council owned and the other monitored by VCS. There is no boundary between them. On the night The PCN was issued it was dark and on entering the car park I noticed a parking meter under the only light in the car park. I paid £3 which was enough to cover my stay and placed it on the dash board. On return I noticed I had the PCN from a VCS firm. I had inadvertently paid the fee on a Council owned meter instead of theirs which I was unable to see in the dark.In have photos which are taken in daylight showing the lights/absence of and I have kept all correspondence from them and the debt collector. Do you think I may have a good case ? Many thanks

Redx

post the full POC below please

and add pics of the signs to tinypic and put a dead URL link in your reply, changing http to hxxp

then read post #2 of the NEWBIES FAQ sticky thread, do the AOS online using the walkthrough

then start on your draft defence, read the recent ones by BARGEPOLE first, post it below for critique

KeithP

You now need to read post #2 of the NEWBIES FAQ sticky thread to understand how to proceed. There are example Defences in there which should give you an idea of what is expected.

mand898 wrote: »

MCOL Claim Issued - 19/10/18

With a Claim Issue Date of 19th October, and having done the AoS in a timely manner, you have until 4pm on Wednesday 21st November 2018 to file your Defence.

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.

mand898

The Claimant's claim is for the sum of £160 being monies due from the Defendant to the Claimant in respect of a Charge Notice (CN) for a contravention on **/**/2018 at ********** Car Park (***********). The CN relates to a Citroen ** under registration *******. The terms of the CN allowed the Defendant 28 days from the Issue Date to pay the CN, but the defendant failed to do so. Despite demand having been made the Defendant has failed to settle their outstanding liability.
The Claimant seeks the recovery of the CN and interest under section 69 of the County Courts Act 1984 at the rate of 8% at the same rate up to the date of Judgment or earlier payment

mand898

hxxp://tinypic.com/3ia98m8n

Le_Kirk

http://tinypic.com/3ia98m8n

Your link made live

mand898

The tinypic album has been updated with pics of all signs and location photos in dark at night with a video of car park entrance.

Coupon-mad

OK, so now draft a defence, based on the 'VCS hybrid CN that was NOT a Parking Charge Notice' example (in the 2nd post of the NEWBIES thread) and add near the start, these facts but written in the third person - you are 'the Defendant', not 'I' or 'me':

The PCN was issued in a large car park which I have since found out is actually two car parks. Half is council owned and the other monitored by VCS. There is no boundary between them.

On the night The PCN was issued it was dark and on entering the car park I noticed a parking meter under the only light in the car park. I paid £3 which was enough to cover my stay and placed it on the dash board.

On return I noticed I had the PCN from a VCS firm. I had inadvertently paid the fee on a Council owned meter instead of theirs which I was unable to see in the dark.In have photos which are taken in daylight showing the lights/absence of and I have kept all correspondence from them and the debt collector.

But it wasn't a PCN at all, was it? Think about what the envelope actually said.

Look at the VCS defence example about hybrid CNs followed by premature Notice to Keepers within a month. That's what you had and the defence is already written, all you need to do is adapt it to change to your own facts.

mand898

I have uploaded a copy of the original windscreen ticket to the photos

Coupon-mad

As I expected then (NOT a PCN) same as the defence I pointed where to go and find (no link).

Easy enough to copy & adapt the VCS hybrid 'not a parking charge notice' pre-written defence.

Le_Kirk

2. The Defendant has shown by paying for a parking ticket, (See Photo 1 attached), the willingness to pay to park.
2.1 The Defendant claims the signage and parking meter in the car park were insufficiently lit to offer a means to correct payment

Not sure that these two statements together make sense! The defendant bought a ticket, yet the signage and parking meter were too dark for the defendant to see to by a ticket!