Yes another PCN...But wait

TonyTheMacaroni

Hi there,


This is another PCN help thread, but before you roll your eyes and point me to the FAQ etc, I have read them and understand most of it. I have bad Dyslexia and Dyspraxia which makes collating information on a forum a very frustrating and anxiety educing experience. Please do not think I'm lazy or stupid, sometimes I just need help picking the relevant information from the tidal wave of text.


So here goes..


Myself and my partner own a small company as a business partnership (individual keeper) , we have a transit as a company van. She is the registered keeper of the van.


A fine was issued at the Welcome Break Gordano for 3hrs 24 mins


We received a PCN letter for £100 with £40 off which was not replied to, we received a second letter which was replied to and stated that the keeper was not driving at the time and to advise what the procedure was. No reply from them (not received or acknowledged?) We then received a letter titled "Letter before County Court Claim" (which was going to be responded to but just plain forgot about it) and then this morning a CCJ Claim form for £175. Family illness and kids on holiday whist jugging business yadda yadda, no excuses really, just plain forgot, combined with my unique ability to bury my head in the sand instead of sorting stuff when its easy.



So the fine:
The van was going from Cornwall to Salisbury to meet a client from America, the driver had to stop at the Bristol services as they have various ailments left over from bad Chemotherapy a few years back, this includes fatigue, IBS, and neurological pain, and medication is needed to keep it all in check. The driver used facilities at the site and had to take a longer break than normal before they were fit and able to continue to drive. Part of this time the driver was asleep in the van with a valid blue badge displayed, but not using a disabled bay. The driver was quite ill during this time and needed to be sure they were able to safely drive before setting off again. Obviously the stay was over the limit by an hour and a half and a fine issued.



Is this Frustration of Contract due to illness?


Parking eye have not acknowledged any letter we sent, I have tried looking for the receipt for the letter sent with no luck.


What is my next step for a CCJ Claim form?


A link to the specific template would be awesome, I have about 4 templates that I have found here, but I'm just really confused and frustrated as to which one I need. reading some of the help guides are great bit its an information overload and I have a hard time picking the information I need out of the heap.


I recently went through this with my old university trying to charge me for a course I had to stop one month in due to illness, I managed to argue my case and win on that occasion and it was extremely stressful. Hopefully this will be easier?



Many thanks

Quentin

Throughout here you are advised never to reveal who was driving

You need to edit your post to remove details of who was driving

If you have used your real name as your forum name then get MSE to change it to something anonymous

The ppcs monitor this forum and can use posts in your thread against you in Court

Your post is confusing regards the stage you are now at

Have you got a ccj against the keeper or s county court claim against the keeper,?

Assuming the latter post the date of issue

And read up in the newbies FAQ thread post #2 on the AOS which will be the first job assuming not too late,!

Coupon-mad

this morning a CCJ Claim form for £175.

Is it addressed to a Ltd company or an individual keeper?

Whoever it is addressed to, must do the AOS, and that is shown in pictures in a link in the NEWBIES thread post #2. That then buys more time to defend.

You know you could probably have got this cancelled with one phone call to Gordano, if the manager agreed? Too late now.

You do NOT have a 'CCJ' so please can you edit your first post throughout, to avoid confusion - remove all the ''CCJ'' words please. A claim form is not a 'county court judgment'!

And what is the date of issue on the claim?

Le_Kirk

Who is now liable for the CCJ as we told them my partner was not the driver at the time but they did not acknowledge the letter sent, I have tried looking for the receipt for the letter sent with no luck.

What is my next step for the CCJ Claim form?

The person named on the form (normally the registered keeper (RK)) will be the one "liable" BUT do you have a county court claim form or do you have a judgment in default a CCJ? Different things and require different actions.

If a county claim form, you need to submit the AoS (go to NEWBIE sticky post # 2 and find this: -

Here is a guide to MCOL & how to acknowledge service (the first step), put together by a genuine PPC fighter:

https://www.dropbox.com/s/xvqu3bask5m0zir/money-claim-online-How-to-Acknowledge.pdf?dl=0

If it is a judgment in default, you need to pay within the time scales set by the judgment (CCJ) and in accordance with the instructions for payment.

The_Deep

Service providers are required by law to make reasonable adjustments for people with protected characteristics, read this

https://www.gov.uk/government/publications/reasonable-adjustments-a-legal-duty/reasonable-adjustments-a-legal-duty

Did you inform the PPC of your protected characteristics? If not you should do so now, and include it in your defence.

Also consider counter-claiming for disability discrimination and enlist the support of your MP as nine times out of ten these tickets are scams.

Parliament is well aware of the MO of these private parking companies, and on 15th March 2019 a Bill was enacted to curb the excesses of these shysters. Codes of Practice are being drawn up, an independent appeals service will be set up, and access to the DVLA's date base more rigorously policed, persistent offenders denied access to the DVLA database and unable to operate.

Hopefully life will become impossible for the worst of these scammers, but until this is done you should still complain to your MP, citing the new legislation.

http://www.legislation.gov.uk/ukpga/2019/8/contents/enacted

Just as the clampers were finally closed down, so hopefully will many of these Private Parking Companies.

TonyTheMacaroni

Hi Quentin thanks for taking the time to respond,

You need to edit your post to remove details of who was driving - I think I have done so

If you have used your real name as your forum name then get MSE to change it to something anonymous - I have not used my real name

The ppcs monitor this forum and can use posts in your thread against you in Court - This makes sense.

Your post is confusing regards the stage you are now at - Sorry for confusion, my writing often gets confusing, I have issues getting what I want to say down on text. I have received a CCJ Claim form in the post.

Have you got a ccj against the keeper or s county court claim against the keeper,? It's the claim form, I don't have a CCJ (yet)

Assuming the latter post the date of issue - 12th August 2019

And read up in the newbies FAQ thread post #2 on the AOS which will be the first job assuming not too late,!- I'm on it, just overwhelmed with info, I will try and break it down.

TonyTheMacaroni

Coupon-mad wrote: »

Is it addressed to a Ltd company or an individual keeper?

Whoever it is addressed to, must do the AOS, and that is shown in pictures in a link in the NEWBIES thread post #2. That then buys more time to defend.

You know you could probably have got this cancelled with one phone call to Gordano, if the manager agreed? Too late now.

You do NOT have a 'CCJ' so please can you edit your first post throughout, to avoid confusion - remove all the ''CCJ'' words please. A claim form is not a 'county court judgment'!

And what is the date of issue on the claim?

I know hindsight is a wonderful thing Date of issue is 12th August

Coupon-mad

date of issue - 12th August 2019

You have tons of time to do the AOS then!

Is it addressed to a Ltd company or an individual keeper? Do the AOS in the RIGHT name, which might be a company name, not you?

fisherjim

This is not a fine of course it's a charge, and the excuse that the driver couldn't comply with the time constraint will be challenged by Parking Eye as time can be bought on site.


Now if the signage is so bad that these T&C's weren't seen that is a different matter I believe that all Welcome Break car parks allow two hours free according to their website then you have to pay.


You need to get all your ducks in line with these jokers.

TonyTheMacaroni

Coupon-mad wrote: »

You have tons of time to do the AOS then!

Is it addressed to a Ltd company or an individual keeper? Do the AOS in the RIGHT name, which might be a company name, not you?

The company is a partnership and not LTD, so it's an individual keeper, which is correct as they obviously went via DVLA to find it.

Quentin

The_Deep wrote: »

Service providers are required by law to make reasonable adjustments for people with protected characteristics, read this

https://www.gov.uk/government/publications/reasonable-adjustments-a-legal-duty/reasonable-adjustments-a-legal-duty

Did you inform the PPC of your protected characteristics? If not you should do so now, and include it in your defence.

Also consider counter-claiming for disability discrimination and enlist the support of your MP as nine times out of ten these tickets are scams.

We don't know what (if any) disability the defendant has

@Op

Don't be contacting the PPC if the keeper intends to defend this!