Urgent help needed UK Car park management PCN

Winston_17

I have followed the advice and have reached the submit defence stage which I am really struggling with.

My case is as follows;

I received a PCN 13 days after parking in a pay and display car park. The reason the PCN had been issued was incredibly vague. As I had bought a ticket and had displayed it, I assumed they were meaning that I had parked in an unauthorised space. The car park was attached to a pub. It looked like the pub car park was separate to the pay and display car park so my initial appeal was based on explaining where I had parked. The two photographs provided on the original PCN did not show the windscreen, only the number plate and bonnet.
When they refused my appeal they told me the reason for the PCN was because I hadn't displayed a valid parking permit.
I had cleaned my car out and no longer have the ticket. It was at this time that i noticed the photographs provided, clearly show my car is unlocked. The only time my car was unlocked and unattended was while I walked across the car park to purchase the ticket. I believe this is when the photographs were taken.
There are 4 photographs in total with 27 seconds between the first and last photo.
Once I bought the ticket and put it in my car, I got my dogs and walked down a cliff path down onto the beach. I took a photograph when I got to the beach which is timed at just 11 minutes after the photos they have provided.
i understand this car park is owned by the pub and they operate a self ticketing system.

I only have another 4 days to submit my defence due to countless wasted drafts, any advice as to how to write it would be really useful

waamo

What is the issue date on your claim and when did you do the acknowledgment of service?

Le_Kirk

Have you read the NEWBIE section? If not, go there now and read post # 2 and there you will find 17 pre-written defence examples. Pick one that is the most suitable and adapt it. Your standard defence points (signage, no landowner authority, did buy ticket etc.) will be there. Also, if your PCN contains a spurious £60 charge, search for and read the Abuse of Process thread by beamerguy (with comment at post # 14 by Coupon-mad) and incorporate that at the end of your defence. What is the issue date of your claim form from Northampton CCBC?

Winston_17

The issue date on the court form is 07/10/19
The AOS was completed on 23/10/2019

KeithP

Winston_17 wrote: »

The issue date on the court form is 07/10/19
The AOS was completed on 23/10/2019

With a Claim Issue Date of 7th October, and having done the Acknowledgement of Service in a timely manner, you have until 4pm on Monday 11th November 2019 to file your Defence.

That's over a week away. Longer than you thought. 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 could 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 the NEWBIES FAQ sticky thread to find out exactly what to do with it.

Winston_17

Thank you, have read the newbies and will follow advice (didn't see any that really applied, but will look again). They do claim the spurious £60 so will include that. The issue date is 07/10/2019
I would like to request a closer court to where I live, do I put this in my defence?

waamo

Winston_17 wrote: »

Thank you, have read the newbies and will follow advice (didn't see any that really applied, but will look again). They do claim the spurious £60 so will include that. The issue date is 07/10/2019
I would like to request a closer court to where I live, do I put this in my defence?

No need. It will automatically be allocated to your nearest court.

KeithP

Winston_17 wrote: »

I would like to request a closer court to where I live, do I put this in my defence?

You will never be asked to travel to Northampton, unless that is your local town.

The opportunity to request your local court comes later - at Directions Questionnaire time.

You really need to read post #2 of the NEWBIES thread thoroughly.
This is explained there.

Le_Kirk

Winston_17 wrote: »

I would like to request a closer court to where I live, do I put this in my defence?

When you read the NEWBIE sticky post # 2, you will find a link marked what happens and when (or similar) and that takes you through the process including filling in a DQ in which you request the court local to you.

Coupon-mad

have read the newbies and will follow advice (didn't see any that really applied, but will look again).

Post #2 of the NEWBIES thread pretty much ALL applies to you!

If you read it again and the link to bargepole's thread about Court Procedures, you'd see stuff like when you get to nominate your home court. Al thing you need to be on top of, which is why the NEWBIES thread post #2 has a lot of info and needs more than one read, for most new posters with court claims.

And then 99% of them win, by following it!

The_Deep

[FONT=Times New Roman, serif]Nine times out of ten of these tickets are scams so consider complaining to your MP, it can cause the scammer extra work.

Parliament is well aware of the MO of these private parking companies, many of whom are former clampers, 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.

[/FONT][FONT=Times New Roman, serif]http://www.legislation.gov.uk/ukpga/2019/8/contents/enacted[/FONT][FONT=Times New Roman, serif]

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