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Mitigating circumstances

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  • Guys_Dad
    Guys_Dad Posts: 11,025 Forumite
    10,000 Posts Combo Breaker
    If this goes to court, and if you can show that you made payment at the first opportunity you had a signal and before you actually found the PCN, then you may have an arguable case. Much stronger than if you made the payment as a result of the PCN.

    I know it is a long shot but you could argue the DART charge can be made within 24 hours after the event so why not your parking charge.
  • Le_Kirk
    Le_Kirk Posts: 24,636 Forumite
    Part of the Furniture 10,000 Posts Photogenic Name Dropper
    Wait! Have you received a letter before claim or court papers yet? The PPC has six years to start a claim in small claims court.
  • Umkomaas
    Umkomaas Posts: 43,410 Forumite
    Part of the Furniture 10,000 Posts Name Dropper Photogenic
    diz574 wrote: »
    So, does anyone have an opinion on what my next course of action should be?
    As I see it I can either cough up the £100 with very bad grace or take some other action of which I currently know nothing!

    Help please!

    You could complain to the landowner and ask them to intervene.

    Apart from that all the options have been proffered here already.

    If the landowner complaint doesn't work, then let's see if they want to chance their arm in court to exact a penalty charge even though the full day's parking fee was paid that day.

    Unfortunately, there is no silver bullet available.
    Please note, we are not a legal advice forum. I personally don't get involved in critiquing court case Defences/Witness Statements, so unable to help on that front. Please don't ask. .

    I provide only my personal opinion, it is not a legal opinion, it is simply a personal one. I am not a lawyer.

    Give a man a fish, and you feed him for a day; show him how to catch fish, and you feed him for a lifetime.

    Private Parking Firms - Killing the High Street
  • diz574
    diz574 Posts: 24 Forumite
    Fifth Anniversary 10 Posts
    Is there any particular way I need to format the letter to the landowner? i.e. maybe complain that their agent issued me with a PCN when I was doing business in Yeovil?
  • diz574
    diz574 Posts: 24 Forumite
    Fifth Anniversary 10 Posts
    No, I've only just received the NTK letter.
    It's beginning to look as though I may need to argue my case in court, though.
  • diz574
    diz574 Posts: 24 Forumite
    Fifth Anniversary 10 Posts
    Should I now be looking for a letter telling me of their intention to go to court?
  • Umkomaas
    Umkomaas Posts: 43,410 Forumite
    Part of the Furniture 10,000 Posts Name Dropper Photogenic
    diz574 wrote: »
    Should I now be looking for a letter telling me of their intention to go to court?

    Possibly. No one knows until they make their move (or not - but then no one will know either).
    Please note, we are not a legal advice forum. I personally don't get involved in critiquing court case Defences/Witness Statements, so unable to help on that front. Please don't ask. .

    I provide only my personal opinion, it is not a legal opinion, it is simply a personal one. I am not a lawyer.

    Give a man a fish, and you feed him for a day; show him how to catch fish, and you feed him for a lifetime.

    Private Parking Firms - Killing the High Street
  • The_Deep
    The_Deep Posts: 16,830 Forumite
    diz574 wrote: »
    Should I now be looking for a letter telling me of their intention to go to court?

    If they send one you will no doubt see it.

    Court is no big deal. Many/most judges are now well aware of these phony BOC claims.
    You never know how far you can go until you go too far.
  • diz574
    diz574 Posts: 24 Forumite
    Fifth Anniversary 10 Posts
    Hi
    I've just received a letter from Link Parking telling me my account has been passed to their 'legal team', BW Legal, Leeds.

    From what I've seen on this forum, I still have to wait for a notice from BW Legal of court proceeding.
    Also, it would be useless to contact BW Legal to put my case.

    So, I'll site tight to await what follows unless anyone thinks otherwise.

    Cheers
    Diz574
  • waamo
    waamo Posts: 10,298 Forumite
    10,000 Posts Seventh Anniversary Name Dropper
    diz574 wrote: »
    Hi
    I've just received a letter from Link Parking telling me my account has been passed to their 'legal team', BW Legal, Leeds.

    From what I've seen on this forum, I still have to wait for a notice from BW Legal of court proceeding.
    Also, it would be useless to contact BW Legal to put my case.

    So, I'll site tight to await what follows unless anyone thinks otherwise.

    Cheers
    Diz574

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