I've probably left it too late but...

rodneyhchef

I just recieved an N1SDT from the County Claims Business Centre Northampton



About 2 years ago, one of us parked at a 'free for 3 hours' car park at a local shopping centre.


The driver of the vehicle parked there for around 45 mins too long and forgot all about the need for a ticket - having never parked there that long before, had never bought one - easily done I guess!


The car park is covered by ANPR cameras



A few weeks later the NTK came from Horizon. I do not know what happened to it though as it was around 2 years ago.



Have recieved several letters from Zenith, Debt recovery plus and Gladstones which were all ignored


My only defense would be I expect, a technicality such as something that might fall foul of the 2012POFA

I can't currently upload an image of the letter I have been sent, as my photobucket is restricted. So I shall type it instead! Personal details ammended etc.



Particulars of Claim


The driver of the vehicle with registration xx.xx.xxx (the 'Vehicle') parked in breach of the terms of parking stipulated on the signage (the 'Contract') at *car park details* on *late 2017* thus incurring the parking charge (the 'PCN'). The driver of the Vehicle agreed to pay the PCN within 28 days of issue but failed to do so. The claimant claims the unpaid PCN from the Defendant as the driver/keeper of the Vehicle. Despite demands being made, the Defendant has failed to settle their outstanding liability. THE CLAIMANT CLAIMS £80 for the PCN, £70.00 for contractual costs pursuant to the Contract and PCN terms and conditions, together with statutory interest of £xx.xx pursuant to s69 of the County Courts act 1984 act 1984 at 8.00% per annum, continuing at £0.03 per day.


The Claimant believes that the facts stated in this claim form are true and I am duly authorised by the claimant to sign this statement


OK so as far as I know the driver made no such promise to pay. Is this just standard wording or grounds for further investigation?


Have checked what documents I still have and there's no mention of this, only demands for money.


The form is dated 6th August so I have another week to respond. Any advice appreciated!


Thanks


rhc (not my real name!)

KeithP

rodneyhchef wrote: »

I just received an N1SDT from the County Claims Business Centre Northampton.

The form is dated 6th August so I have another week to respond.

You have longer than you think.

With a Claim Issue Date of 6th August, you have until Tuesday 27th 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 [URL="https://forums.moneysavingexpert.com/discussion/4816822NEWBIES FAQ sticky thread[/URL]. About ten minutes work - no thinking required.

Having done the AoS, you have until 4pm on Monday 9th September 2019 to file your Defence.

That's four weeks away. Plenty of time to produce a 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 [URL="https://forums.moneysavingexpert.com/discussion/4816822NEWBIES FAQ sticky thread[/URL] to find out exactly what to do with it.

In post #2 of the NEWBIES thread there is full guidance on how to create a winning Defence and links to many examples of winning Defences.

KeithP

The driver of the Vehicle agreed to pay the PCN within 28 days of issue but failed to do so.

The suggestion will be that by parking the driver agreed to the terms on the sign.

One of those terms on the sign will say something like "by parking here, and breaking these terms, the driver agrees to pay £70 within 28 days of issue".

Ralph-y

These are the main areas of appeal you need to research and understand and decide which fit your situation.

1. No keeper liability, including Notice to Keeper errors (PoFA 2012)
2. The operator has not shown that the individual who it is pursuing is in fact the driver who was liable for the charge
3. No Contract to manage parking
4. Signage
5. Consumer Rights Act 2015
6. BPA Code of Practice breaches
7. Why Beavis doesn't apply in your parking event





Ralph:cool:

rodneyhchef

KeithP wrote: »

The suggestion will be that by parking the driver agreed to the terms on the sign.

One of those terms on the sign will say something like "by parking here, and breaking these terms, the driver agrees to pay £70 within 28 days of issue".

I did wonder if that was the case!


Thanks for replies so far.