Court letter arrived. AOS sent. Defence help required

porter77

Thanks for the advice. I'll give it a go!

nosferatu1001

Your parking is the reason these scum are brought on site.
Not sure where you thought it would go, ither than court. PE issue thousnads of claims a year.

Try £60, and see what they come back with.
THey havent REALLY paid £50 to file the claim, as its done in house and takes 5 minutes, so there is SOME leeway.

KeithP

porter77 wrote: »

The claim form issue date is 21st Jan.

With a Claim Issue Date of 21st January, and having done the Acknowledgement of Service in a timely manner, you have until 4pm on Monday 25th February 2019 to file your Defence.

That's over two weeks away. Loads of time to produce a good 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 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 "defended". If not chase the CCBC until it is.
   
6. Do not be surprised to receive a copy of the Claimant's Directions Questionnaire, they are just trying to put 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.

porter77

KeithP wrote: »

With a Claim Issue Date of 21st January, and having done the Acknowledgement of Service in a timely manner, you have until 4pm on Monday 25th February 2019 to file your Defence.

That's over two weeks away. Loads of time to produce a good 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 suggested 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. 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 "defended". If not chase the CCBC until it is.
6. Do not be surprised to receive a copy of the Claimant's Directions Questionnaire, they are just trying to put you under

Thanks Keith- my problem is, I have no idea what a credible defence might be. Any ideas? Much obliged

porter77

nosferatu1001 wrote: »

Your parking is the reason these scum are brought on site.
Not sure where you thought it would go, ither than court. PE issue thousnads of claims a year.

Try £60, and see what they come back with.
THey havent REALLY paid £50 to file the claim, as its done in house and takes 5 minutes, so there is SOME leeway.

Hi
I thought it would just 'go away', as I was under the wrong impression that only council-issued tickets were legally enforceable. Morally, you're right- it's private land and I had no right to park on it.

KeithP

porter77 wrote: »

Thanks Keith- my problem is, I have no idea what a credible defence might be. Any ideas? Much obliged

Let post #2 of the NEWBIES thread be your guide.

There's a link to that thread in my earlier post.

porter77

KeithP wrote: »

Let post #2 of the NEWBIES thread be your guide.

There's a link to that thread in my earlier post.

Thanks again.
Might I ask, do you think I could use mf87's defence of the PCN issued at the Wye Valley centre, as a basis for my own defence?



Sorry if this seems a dumb question.


The difference between the Wye Valley set-up and that of the hotel car park where I got my PCN seems significant, in that the hotel signage is all pretty clear and extensive. However there seems to be lots of contractual and precedent-stuff cited in mf87's Wye Valley case. Would this be relevant to mine too?


thanks

Guys_Dad

porter77 wrote: »

Thanks Keith- my problem is, I have no idea what a credible defence might be. Any ideas? Much obliged

Unless you can prove signage inadequate, you will be pushing water uphill. The point is you parked on private land with no valid reason to avoid payment for the service. It is the same as not paying for a cinema trip or rail fare, so on that point, you will get little sympathy. However, the penalty that PPCs seek to apply is disproportionate to the "offence" and that's why the regulars seek to help.

Some threads have easier to help situations to yours and it may be that trying to negotiate may be the way out.

porter77

Hi all
I made an offer of £35 through the PE appeals page.


Was this the right way to make the offer?
Any other thoughts?


(I read a lawyer's post somewhere, saying you should send them a cheque for something 'reasonable', and that they normally just cash it and drop the case- true? Post was from 2014)



thanks

porter77

I got a reply from PE, offering me a settlement at £150...Will update.