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HELP - Motorcycle not displaying permit in windscreen

Hi All,

I've just read the newbies thread but have some questions, I wonder if you can help with.

I received a court claim form in the post from BW Legal for a "parking charge Notice" from 2015. This is something that premier park has passed over the years to a number of different debt collection agencies and I thought had disappeared.

I now have to write a defence and have until the 14th to do so ( I filed an AOS but didn't know these pages existed so time has elapsed).

"The POC are as follows.

"The claimants claim is for the sum of £127 being monies due from the defendant in respect of a parking charge notice (PCN) issued on..... at..... at......

The PCN relates to ..... under reg..... The terms of the PCN allowed the Defendant 28 days from the Issue Date to pay the PCN but the Defendant failed to do so.

Despite demand having been made, the Defendant has failed to settle their outstanding liability.
The Claim also includes Statutory interest pursuant to section 69 of the county courts Act 1984 at a rate of 8% per annum a daily rate of 0.02 from ....... to ...... being an amount of £....
The Claimant also claims £60.00 contractual cost pursuant to PCN terms and conditions."

I have requested from BW legal further details of the POC as I believe this is insufficient to properly construct a defence. They have come back to me to say because they issued through money claims online they had a limited number of characters and thus aren't breaching any court conduct, they also apparently don't need to provide a copy of the contract conduct I've broken.

The events leading to the following are as follows.

I was visiting a friend who pays for use of a space in the carpark. He pays the landowner to park any vehicle to be within the space. When I parked there I ensured my bike was within the lines of the space and tucked behind his car ( His car was displaying a permit, also in the space).

I get issued a ticket from Premier Park.

They sent me a photo of my bike and the sign, saying "display a valid permit in a windscreen at all times"

My bike doesn't have a windscreen and the permits are made of paper and aren't suitable for display on a motorbike.

I appeal it, they reject it. I appeal to popla, premier park claim I haven't seen the sign despite my evidence claiming that's not my defence. Popla reject my appeal.

I the get numoeurs debt agencies trying to recover the "debt", then it all goes quiet and I get this two years later.

BW legal then contract me threatening court action before this letter but I ignored it as I had all the others over the past 4 years.

I then get the above court claim form.

Should my defence response to the POC be centred around asking for further details on the POC or attempt to answer their POC with the information I have so far and my recollection of the events?

PLEASE HELP - Thanks!

Comments

  • KeithP
    KeithP Posts: 41,296 Forumite
    Part of the Furniture 10,000 Posts Name Dropper
    What is the Issue Date on your Claim Form?

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