Mitigating circumstances

The_Deep

Let them do their worst. IMO, if they are daft enough to take this to court, especially if they try to claim an unlawful £60, they will crash and burn.

diz574

I've just received a letter giving me a deadline of 3 Feb to settle this otherwise a claim in County Court will be made.
Is it worth replying to them to explain my case again or should I sit tight and await the summons?

Coupon-mad

I would contact them and robustly tell them that their client knows you paid and that their own system was at fault. An app that is not fit for purpose and has no signal at times in the day, or at all, is not a usable payment mechanism at all, and the terms were unfair and breached Schedule 2 of the CRA 2015.

Redx

There won't be any summons , this is a civil dispute , not a criminal offence

Read the recent win in court where they took another member here to court , Link lost

diz574

In robustly telling them I would need to disclose what I'm relying on to rebut their claim.
Would that give them ammunition against me if this goes to court?

Redx

You would have to disclose it in the defence and at the WS plus Exhibits stage , long before a judge sees it

Snakes_Belly

Guys_Dad wrote: »

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.

I used a similar example in my defence (Mersey) regarding making a later payment.

I may have missed this but was your text payment made before the time on the windscreen ticket? If so it was not an afterthought. This was something that the first judge picked up on in my case. What judges don't seem to realise is how hard it is to make a payment after the incident. I guess that a claim will have been generated within minutes of the ticket being issued. It's a ruse to get you to appeal straight away and obtain your details without going to the DVLA,

The_Deep

You are worrying needlessly imo. Millions of these scam tickets are issue each year, and judges are not unaware of the scam. If they take you to court they are likely to crash and burn.


Have you complained to your MP yet?

diz574

Thanks for that.
My payment happened at 11:40 and I returned to the car at 17:15 to find the PCN on the windscreen.
The structure of my day in Yeovil did not allow me any time to return to the car earlier.

Snakes_Belly

On the PCN what was the time of the incident ( when the attendant wrote out the ticket)?