Ignored PCN for 3 months, should I write to them?

Coupon-mad

Thanks for pointing the old link out, Random101.

It will be removed from the 5th post of the NEWBIES thread when I next edit it.

Random101

I've just received a claim form from the county court.

I sent an email to the parking company requesting the SAR and I did receive this. I did also send another email to them asking them to put the case on hold and also to explain the situation and I also mentioned that I will be happy to come to an agreement before it goes to court (Like paying the initial fine).
I sent this email twice (once in May and once in June). The first time I sent it to the person that had signed the letter and the second I sent it to the generic email of the company and copied in the other person. I did get a response saying they will forward my email on to the correct department. However, I never recieved a response to my email and have just received the letter from court saying I have to respond within 14 days.

They are now asking for £185 including court fees.

Im guessing my next steps are to fill in the defence form and send it to court?

I think it's a bit unfair that they ignored my emails for 2 months and are now taking me to court.

KeithP

What is the Issue Date on your Claim Form?

Did it come from the County Court Business Centre in Northampton, or from somewhere else?

Le_Kirk

Random101 wrote: »

I'm guessing my next steps are to fill in the defence form and send it to court?

Don't fill in any defence forms, submit the AoS on-line using MCOL. If you are not sure how to do this go to the NEWBIE sticky post # 2 and read the walkthrough shown HERE.

Random101

What is the Issue Date on your Claim Form?

Did it come from the County Court Business Centre in Northampton, or from somewhere else?

Issue date is 18th July and yes from Northampton, St Katharines house

KeithP

Random101 wrote: »

Issue date is 18th July and yes from Northampton, St Katharines house

With a Claim Issue Date of 18th July, you have until Tuesday 6th August to do the Acknowledgement of Service, but there is nothing to be gained by delaying it. To do the AoS, follow the guidance offered in a Dropbox file linked from post #2 of the NEWBIES FAQ sticky thread. About ten minutes work - no thinking required.

Having done the AoS, you have until 4pm on Tuesday 20th August 2019 to file your Defence.

That's 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.

Umkomaas

I also mentioned that I will be happy to come to an agreement before it goes to court (Like paying the initial fine).

Did you mark the offer 'Without Prejudice Save as to Costs'? If not, you may have tacitly admitted liability for the charge, and if the PPC (and/or their solicitors) are on the ball, they will be including this as part of their evidence to show the court.

Makes a defence potentially a lot more difficult to frame.

Random101

Umkomaas wrote: »

Did you mark the offer 'Without Prejudice Save as to Costs'? If not, you may have tacitly admitted liability for the charge, and if the PPC (and/or their solicitors) are on the ball, they will be including this as part of their evidence to show the court.

Makes a defence potentially a lot more difficult to frame.

Here is the email I sent.
I acknowledge the Letter Before Claim you have sent.

!

I have sent your Data Protection Officer a SAR, and so the case should be put on hold until the required information has been sent to me.

!

I would also like to take this opportunity to apologise for this being the first correspondence from me. Please allow me to explain the situation, I trust that you will understand.

!

I was visiting a friend who lives at the location where you issued me a PCN.

I was given a parking permit from security, on Friday evening (8th Feb), which I was told would be valid for the whole weekend.! However, on Sunday morning I found a parking ticket on my car.

It was then I noticed that the permit I was given was only dated 8 - 9 Feb, despite the permit saying valid for one day only.! Please appreciate that during the time I was given the permit it was too dark to see any signs or read the permit as the car park is not lit.

!

As I am a student I don’t often go home to the address my car is registered. This is due to my part time job tying me down. So I have only just discovered the Letter Before Claim and all previous correspondence.

!

I understand that it is too late for an appeal, and being a student I cannot afford to pay £160.

I will also try and get in touch with the landowner of the car park, as in this situation there was not much more I could have done.

!

This leaves me with no choice but to fight back in court.

!

However, if you would like to propose an alternative solution I would take this into consideration.

Random101

Is it too late to just pay the original 100 and be free of all this???

KeithP

Random101 wrote: »

Is it too late to just pay the original 100 and be free of all this???

Yes .