PCN for not showing friends members permit

mrdenniss1960

Hello all,

Thank you in advance.

I received a £50 PCN in a members sports club. I was told I could park there by my then work colleague who was a member (isn't now) who I was with. I had parked here before with him using his parking permit but I cant remember if it was in the car on this particular occasion.

When I returned I had a PCN on the window. I have ignored/missed many responses. I have now received £230 charge from the county court which I have read I need to respond to.

My friend has agreed to send me a picture of the permit and confirmation that we were there together that day. Is there anything else I need to ask/request from him to add to my defence?

Should I ask claimant for evidence that the permit was not in the window?

I have read the newbie forums. Is there any thing I should do differently to using the standard templates available?

Any advice is much appreciated.

Thanks.

Umkomaas

Is this the same case as the one posted under Username 'nigeldennis1960'? If so, decide which one you're going to use, then continue only on that.

mrdenniss1960

I'm sorry. I have edited the other post to say ignore that post. I was having issues with the new account. Please refer to this one.

Redx

As I stated in the other thread

I doubt the club will help

I doubt that having a friend's permission will help , especially without his WS or him turning up in court but if he has agreed to send a WS on your behalf include it at the WS plus exhibits stage

I see no grounds for a counter claim , which would cost you money as well

You should do the AOS online , then email a SAR to the DPO at the PPC involved, to get all data

Use one of the defence examples and add abuse of process due to excess charges , no landowner authority etc , plus address the POC as well

Post the issue date from the claim form below

Also name the parking company claimant

The_Deep

I have now received £230 charge from the county court which I have read I need to

Read this

https://forums.moneysavingexpert.com/discussion/6014081/abuse-of-process-district-judge-tells-bwlegal

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

Coupon-mad

You need to read CEC16's thread to understand why they can't recover £230.

And as Redx said:

Post the issue date from the claim form below

Also name the parking company claimant

mrdenniss1960

The claimant is: Local Parking Security Limited
Debt collectors: Gladstones Solicitors Limited
Court: County Court Business Centre - Northampton

Issue date is 8th November.

KeithP

mrdenniss1960 wrote: »

Court: County Court Business Centre - Northampton

Issue date is 8th November.

With a Claim Issue Date of 8th November, you have until Wednesday 27th November 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 Wednesday 11th December 2019 to file your Defence.

That's over three 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.

mrdenniss1960

Thank you for your help so far. I completed the AoS and the SAR. Is it likely I will get a response to the SAR before I complete my defence?
I also drafted a letter to the landowner (club chairman) basically saying I was told to park there and will CC the member who directed me to do so, in an attempt to cancel the parking PCN. I will also mention unclear signs (mentioned below), association with known scamming parking companies/ solicitors. As previously mentioned to me, I doubt this will help but worth a shot anyway, unless anyone thinks this can have any adverse effect on the case?
So, am I correct in understanding that in my defence response, I do not mention the fact I was told to park there by a club member? I only include abuse of process due to excess charges, no landowner authority etc. using available templates.
I revisited the site recently and took some photos. Basically, the car park is split into a standard pay and display car park and a member’s only car park (where I parked). You have to enter the car park through the pay and display which is clearly sign posted as you enter “PAY ON EXIT”. You then go to the far side and you enter the member’s only car park which is sign posted “members’ only” then in small print provides instructions. I noticed the instructions said it was QR code based rather than permit based suggesting that it had changed since last year. Would anyone be able to make some comments if I PM them the photos of the signs to see if there’s an argument?

Coupon-mad

Is it likely I will get a response to the SAR before I complete my defence?

Maybe. They have 30 days.

I also drafted a letter to the landowner (club chairman) basically saying I was told to park there and will CC the member who directed me to do so, in an attempt to cancel the parking PCN. I will also mention unclear signs (mentioned below), association with known scamming parking companies/ solicitors.

Go for it - at least you might get a response that confirms this was not the intention of the scheme, or that they would have cancelled it if Excel had let them.

That lends itself as evidence to support an argument showing a lack of 'commercial justification/legitimate interest'.

Would anyone be able to make some comments if I PM them the photos of the signs to see if there’s an argument?

I doubt it, as many of us block pm's (I do). Show the pics here!

mrdenniss1960

I had a response back from PPO regarding the SAR request. They are requesting the Parking Charge Notice reference number, along with Vehicle Registration? Stupid question.. but do I need to provide this? I used one of the templates provided and it did not include this information.