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Mitigating circumstances

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  • diz574
    diz574 Posts: 24 Forumite
    Fifth Anniversary 10 Posts
    I paid for a whole day parking the first opportunity I had, about 11:15. I eventually returned to the car about 17:30 to find the PCN attached to the car. The PCN had been issued about 10:45.
    I had no knowledge of the PCN when I paid for the full day in the car park.
  • Snakes_Belly
    Snakes_Belly Posts: 3,704 Forumite
    Seventh Anniversary 1,000 Posts Photogenic Name Dropper
    edited 1 September 2020 at 7:47AM
    diz574 said:
    I paid for a whole day parking the first opportunity I had, about 11:15. I eventually returned to the car about 17:30 to find the PCN attached to the car. The PCN had been issued about 10:45.
    I had no knowledge of the PCN when I paid for the full day in the car park.
    Sorry,  I must have thought that you paid for the parking just before the PCN was issued. I did realise that you did not return until later that day.

    In that case I think that it is important to demonstrate in some way that the payment was not as result of the PCN.  You may be able to obtain a witness statement from a colleague to evidence that you were at work/ meeting etc and the timescale. I think that this would strengthen your case as it would evidence that you had made payment as soon as possible. The Claimant is likely to say that you could have gone back to the car saw the PCN and made a payment.    

    If in the new Code of Practice recommendations are made that payments can be made within a certain time period (similar to Merseyflow) this would also be worth mentioning.  

    Nolite te bast--des carborundorum.
  • Last week I received the results of my SAR request.
    Have been steadily working through the steps as recommended so awaiting the claim arriving which should be in a few days. Then expecting to complete AOS forms.
  • Redx
    Redx Posts: 38,084 Forumite
    Eighth Anniversary 10,000 Posts Name Dropper Photogenic
    Do not fill in any forms , none at all !!

    The AOS is done online on MCOL !!  But not straightaway , leaving it say 5 days before submitting it

    If you tell us the issue date from the claim form you will normally be given dates to do things , so no rushing !!
  • diz574
    diz574 Posts: 24 Forumite
    Fifth Anniversary 10 Posts
    Here we go again! BW Legal has crawled out of the woodwork with another offer to let me pay a discounted fee to clear the original PCN. Once more, the wording is such that they tell me if I don't reply they will proceed to court action with no further warnings. I can only follow the directions received on this forum to address each step BW Legal takes.  Watch this space!   Dave
  • Coupon-mad
    Coupon-mad Posts: 152,371 Forumite
    Part of the Furniture 10,000 Posts Name Dropper Photogenic
    So no court claim yet?
    PRIVATE 'PCN'? DON'T PAY BUT DON'T IGNORE IT (except N.Ireland).
    CLICK at the top or bottom of any page where it says:
    Home»Motoring»Parking Tickets Fines & Parking - read the NEWBIES THREAD
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