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Excel PCN - Post appeal stage - Not parking within a marked bay

24

Comments

  • Le_Kirk
    Le_Kirk Posts: 23,055 Forumite
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    d1338401 said:
    Thanks, Dance. I'll email my MP this morning.
    1505grandad: The Particulars of Claim don't make any reference to the additional £60, or any amount for that matter. Excel sent a 'DEMAND FOR PAYMENT' which included "Debt collection costs of £60.00... making the total amount now payable £160.00". Can they do this?
    d1338401 said:
    Obviously, this additional £60 is included in the CCBC claim.
    No, they cannot and that is why you have been pointed at the New Template Defence written by Coupon-mad.  For further information on this Abuse of Process, search for thread(s) by beamerguy by using the advanced search facility and putting beamerguy in the Author box and Abuse of Process in the Search Forum box, scroll down and click on Search.
  • KeithP
    KeithP Posts: 39,673 Forumite
    Part of the Furniture 10,000 Posts Name Dropper
    d1338401 said:
    So... I have received a claim form from CCBC, Issue date 27 Feb 2020. I acknowledged service in good time and now have to respond by 31st March.
    You are right with your Defence filing deadline.

    With a Claim Issue Date of 27th February, and having filed an Acknowledgment of Service in a timely manner, you have until 4pm on Tuesday 31st March 2020 to file your Defence.
    One day to go. Why on earth have you left it so late?

    To file a Defence, follow the guidance in this post:

    Guidance on creating a Defence is also in that thread - in the first post on that thread.

    Don't miss the deadline for filing a Defence.
  • d1338401
    d1338401 Posts: 18 Forumite
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    Defence filed and now I have the DQ from CCBC. As for the following:
    Send a copy of your completed DQ to the Claimant - to their address on your Claim Form.  
    Do I email Excel's Data Protection officer with the DQ? That's the only email address I've come across - there's no email address on the Claim form. Or should I post it to them and print off the Southampton judgement to attach? Would like to avoid that under the current lockdown restrictions.
  • Umkomaas
    Umkomaas Posts: 42,060 Forumite
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    Unless the claimant has elected to receive service by email, then the requirement is to use a postal service. But why not cover yourself after posting the DQ to the claimant (first class post, with free Cert of Posting via PO counter) by also sending via email. 

    Why would you attach the Southampton case with the DQ?
    Please note, we are not a legal advice forum. I personally don't get involved in critiquing court case Defences/Witness Statements, so unable to help on that front. Please don't ask. .

    I provide only my personal opinion, it is not a legal opinion, it is simply a personal one. I am not a lawyer.

    Give a man a fish, and you feed him for a day; show him how to catch fish, and you feed him for a lifetime.

    Private Parking Firms - Killing the High Street
  • d1338401
    d1338401 Posts: 18 Forumite
    10 Posts First Anniversary
    As per the instructions provided, mate:
    AND attach the Southampton Approved Judgment (6 pages as linked in the first post above) to your DQ email, so the Claimant can't be heard to later say they haven't received a copy of your Appendix C, because the CCBC didn't supply it with your defence 
    (which might happen!).
  • Redx
    Redx Posts: 38,084 Forumite
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    I would do both, using the trip to the post office as exercise
  • nosferatu1001
    nosferatu1001 Posts: 12,961 Forumite
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    This counts as essential travel. 
  • Umkomaas
    Umkomaas Posts: 42,060 Forumite
    Part of the Furniture 10,000 Posts Name Dropper Photogenic
    d1338401 said:
    As per the instructions provided, mate:
    AND attach the Southampton Approved Judgment (6 pages as linked in the first post above) to your DQ email, so the Claimant can't be heard to later say they haven't received a copy of your Appendix C, because the CCBC didn't supply it with your defence (which might happen!).
    See where that's coming from now. Yes, go with it. 
    Please note, we are not a legal advice forum. I personally don't get involved in critiquing court case Defences/Witness Statements, so unable to help on that front. Please don't ask. .

    I provide only my personal opinion, it is not a legal opinion, it is simply a personal one. I am not a lawyer.

    Give a man a fish, and you feed him for a day; show him how to catch fish, and you feed him for a lifetime.

    Private Parking Firms - Killing the High Street
  • d1338401
    d1338401 Posts: 18 Forumite
    10 Posts First Anniversary
    Thanks, all
  • d1338401
    d1338401 Posts: 18 Forumite
    10 Posts First Anniversary
    Guys, my hearing is scheduled for this Wednesday and I haven't been advised it's a telephone hearing as yet. With my area being in Tier 4, should I expect a telephone hearing? Would this be at the same time as my existing hearing?
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