PCN County Court Claim - Please help

KayTanner

I received a PCN on my car window on 17/02/2018.

I had been eating in the premises that owned the car park, but I did not realise you had to pay for parking or declare your number plate on arrival. I didn't keep the receipt for the meal, but it does show on my bank statement as I used my card to pay.

On advice, I ignored the penalty and subsequent letters since, thinking they would get bored but I have now received a County Court Claim and I'm now panicking. My husband is the registered owner of the car and he told me to contact them and just pay it!! We are hoping to get a mortgage in the new year and I'm worried this is going to go against us.

I have read the Newbie thread, but it says to start a new thread if it has come to a County Court Claim, and if I haven't previously posted a thread. Any advice would be very welcome at the moment, if only so that I can put my husband's mind at rest when I show him the claim form (I've not had the courage to tell him yet) :(:( Thanks in advance
*yes I do open his post, and he does mine too :rotfl:

Redx

I assume the court claim is in his name ? if so , only he can deal with it (but you can help him and assist him) , he is not the Registered Owner , he is the Registered Keeper

I doubt that any penalty notice was issued , it would have been a Parking Charge Notice (PCN) , an INVOICE , not a penalty , not a "fine" either , just a pcn

post the date of issue from the claim form below, tell him to email a SAR to the DPO at the PPC involved , with a copy of the claim form and a copy of his V5C attached , to get all his data


also post the name of the PPC (claimant)


then read the NEWBIES FAQ sticky thread , post #2 , before drafting the defence

KayTanner

Thanks

Yes addressed to him. Issue date is 11 November, but I received it yesterday.
Its was a PCN not penalty (sorry)

Redx

he needs to do the AOS online by logging into the government gateway and using the MCOL reference

post the POC below , plus the charges and total cost and their breakdown of charges , plus the name of the parking company claimant too

Coupon-mad

When the AOS is done as per the NEWBIES thread, it has to be his Govt Gateway account in his name of course. This is not your case to defend and you can't change the name from one person to another (well you shouldn't and it will cause issues later).

KayTanner

We no longer own this car so don't have the V5

Redx

KayTanner wrote: »

We no longer own this car so don't have the V5

so use a redacted recent utility bill that shows his name , address and the date, but no personal info or references or data , plus a copy of the claim form

answer the other questions too or people will get bored with asking

KayTanner

POC The driver of the vehicle with registration XXXX XXX (the 'Vehicle') parked in breach of the terms of parking stipulated on the sinage (the 'Contract') at MALT HOUSE EXETER - MALT HOUSE 7 HAVEN ROAD EXETER DEVON EX2 8BP, on 17/02/2018 thus incurring the parking charge (the 'PCN'). The PCN was not paid within 20 days of issue. 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

£85 for the PCN, £60.00 contractual costs pursuant to the Contract and PCN terms and conditions, together with statury interest of £19.11 pursuant to s69 of the County Court Act 1984 8.00% per annum, continuing at £0.03 per day.

Amount Claimed £164.11
Court Fee £25.00

Legal representatives cost £50.00
Total £239.11
PPC is Loacal Parking Security Ltd
Will get him to do AOS as soon as he gets home.

KayTanner

Sorry was making sure I typed it word for word

Redx

ok , please remove personal details like the VRM , AB12CDE will be fine

so LPS have issued the MCOL , plus thay have added spurious costs to the claim of £60 , which is Abuse Of Process

see the thread by beamerguy on AOP and also the coupon mad posts about it , like in the thread by CEC16 , where CM won in court last week


AOS + SAR when he gets home

KeithP

KayTanner wrote: »

Issue date is 11 November.

With a Claim Issue Date of 11th November, you have until Monday 2nd December to do the Acknowledgment 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 the NEWBIES FAQ sticky thread. About ten minutes work - no thinking required.

Having done the AoS, you have until 4pm on Monday 16th December 2019 to file your Defence.

That's nearly 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 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. No need to do anything on MCOL, but do check it 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 trying to keep you under pressure. Just file it.
   
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.

Of course everywhere I have said 'you' or 'your' I mean the named Defendant.