Pending court date defense help for PCN

The_Deep

I fear that, if they are daft enough to take this to court, they will struggle mightily. Send them a record of the above conversation, it may tip them over the edge.

Dear Sirs

I refer to our telephone conversation of xx April in which you agreed to reduce the debt you allege that I owe you to £50.

I should be grateful if you would put this generous offer in writing.

Coupon-mad

George_Gray wrote: »

Hi There C M just had another phone call from CEL further reduced offer of £60 but refused to play ball with them is this normal for them.
She indicated that they have to do this before court day
Why start court action then back peddle ?
I said don't want to deal with them over the phone and insisted they put it in writing.

This signals a discontinuance. Hope you filed & served your costs schedule!

George_Gray

I would like to thank all concerned who gave me advice regarding my PCN I was at court today and won
I can only say thank you for the support over the last few month.
It has been an experience but has really opened my eyes to the pitfalls of parking on private land.
still in shock haha


thank you CM that's a pint a owe you.

Coupon-mad

thank you CM that's a pint a owe you.

This lady likes white wine spritzers - someone wished me a virtual one only last week when they too won in court!

WELL DONE TO YOU - ANOTHER ONE BITES THE DUST!



Anyway can you possibly give us a 'court report':

- which court?
- which Judge?
- did a rep turn up and what did they say, were they ill prepared?
- how did you feel and how long did it take, did you know the DJ was on your side?
- which point of defence/evidence won it?
- was their evidence exposed as wanting?
- did you claim your costs at the end, for attending?

George_Gray

Hi There CM
The court was Durham County Court Civil and Family Justice Centre
The judge was a lady District Judge Sendall
C E L did not attend but a councillor or ? to represent them that day.
He had a number of cases that day because he was handing out packs in the waiting room as he said this would assist the judge with numbered pages for easy reading.


I declined his offer and said my evidence was already numbered however the Judge passed the file to me in court and asked if I would accept it at this point I did.
The Judge didn't seem to concerned about the time stamp on the PCN being wrong but I explained about the rules in the BPA and ICO codes of practice had been breached and my data should not have been released by the DVLA under these circumstances.


I believe the case was won on the basis they said in there statement they new e car was paid for by my Daughter however it was the wrong VRN but accepted payment but no refund offered when the PCN was issued.
The judge said a refund should have been offered before a PCN issued and dismissed the case as the company had not suffered any financial loss.


I requested costs of £250 but she wasn't having any of it however the Judge ordered them to pay £18 .50 to cover car parking that day.


Still waiting for the cheque to come but the letter from the court arrived to day saying claim dismissed
and payment to made to me in 14 days
case date was the 29th April reference E6GM8Y0E


I will wait until next week and send a letter to C E Land remind them of my costs.


Thank you CM

Coupon-mad

Thanks for that detail, very good to read!

I requested costs of £250 but she wasn't having any of it however the Judge ordered them to pay £18 .50 to cover car parking that day.

Ooh the irony!

:T

Umkomaas

Well done, very good win.

The judge said a refund should have been offered before a PCN issued and dismissed the case as the company had not suffered any financial loss.

Perhaps this Judge has a real understanding of the difference between a free car park and P&D one (Beavis).