Stupidly ignored parking charge notice- hearing today update

twhitehousescat

Redx said:

Not really , especially not the SAR because it's already been done , they don't allow either option twice

why not ,  info regarding letters sent and actions are different to first request for sar 

i would wind emm up and request one every week 

Cbay27

Ok so received my claim form for the above PCN. Just looking at my defence now.
Looking at the claim form on the bottom left in the particulars of claim the sum is £111.70 and in the box at the bottom right hand side is a total of £246.70 including court fee and legal rep costs. Is the £111.70 what they are asking me to pay now and the £246.70 what I could face if it went to court and I was liable? (prob being thick)

Also my main defence is that I thought I had paid (can prove phone bill) but the transaction didn't occur leading me to ignore PCNS until I realised my mistake, contacted them and offered £60 which was rejected. Unsure whether this is strong defence as previously mentioned in this thread.
Also the car park in question used to be pay on entry but now it has barriers and is pay on exit. Should I include this in my defence , not sure its relevant. Also I have no photos of signage from when I got the PCN so unsure if I should include this.

Many thanks as always

Redx

Post the issue date from the CCBC claim form below

At the moment it's the total , where they appear to have added spurious charges , a typical loss in court is about £200 , if the judge finds that you are liable so not £246

Alter paragraphs 2 and 3 from the template defence and post them below. You will then receive advice on what to include or remove. Do not post the whole Defence , just your adaptations for 2 paragraphs only

The template defence includes points about signage and no landowner authority etc

Cbay27

Issue date 31st March

KeithP

Cbay27 said:

Issue date 31st March

With a Claim Issue Date of 31st March, you have until Monday 19th April to file an Acknowledgment of Service, but there is nothing to be gained by delaying it. 

To file an AoS, follow the guidance in the Dropbox file linked from the second post in the NEWBIES thread.

Having filed an AoS, you have until 4pm on Monday 3rd May 2021 Tuesday 4th May 2021 to file your Defence.

That's over four weeks away. Plenty of time to produce a Defence, but please don't leave it to the last minute.

To create a Defence, and then file a Defence by email, look again at the second post on the NEWBIES thread - immediately following where you found the Acknowledgment of Service instructions.

Don't miss the deadline for filing an Acknowledgment of Service, nor that for filing a Defence.

Cbay27

2.       It is admitted that the Defendant was the registered keeper of the vehicle in question but liability is denied. The defendant was a passenger on the day in question (not sure if relevant)

 

3.         The defendant was under the impression she had paid for the period of parking by calling RingGo on the day of parking. Unbeknown to the defendant the transaction was not successful. This was not the intent and once acknowledged a without prejudice offer of £60 was proposed to Premier Park. This was rejected and the outstanding balance of £170 requested. Subsequent bombardment of debt collector letters demanding this sum ensued.

Needs more work I think?! Should I include receiving 2 letters before claim with the large time gap between them

KeithP

You simply cannot mention a 'without prejudice' letter in your Defence, nor indeed in your Witness Statement, nor in any court session.

Castle

KeithP said:

Cbay27 said:

Issue date 31st March

With a Claim Issue Date of 31st March, you have until Monday 19th April to file an Acknowledgment of Service, but there is nothing to be gained by delaying it. 

To file an AoS, follow the guidance in the Dropbox file linked from the second post in the NEWBIES thread.

Having filed an AoS, you have until 4pm on Monday 3rd May 2021 to file your Defence.

That's over four weeks away. Plenty of time to produce a Defence, but please don't leave it to the last minute.

To create a Defence, and then file a Defence by email, look again at the second post on the NEWBIES thread - immediately following where you found the Acknowledgment of Service instructions.

Don't miss the deadline for filing an Acknowledgment of Service, nor that for filing a Defence.

It's a Bank Holiday.

Redx

In 2 , add ,  but not the driver , after question

The LBC stages and gap are irrelevant , you are where you are , nothing to do with the incident , the car park , not a legal point , not a defence argument

As a Keeper but not the driver , check for POFA compliance or errors , because they must fully comply with POFA to hold you liable

As mentioned earlier , you cannot include without prejudice topics and not a defence legal point either

There was never an outstanding balance of £170 , the most it could be was £100 , which would be on the signs and the NTK PCN and is in the BPA CoP , it was a made up figure with unlawful extra charges

The debt collector letters are also irrelevant , nothing to do with the incident , or the PCN , or the car park , nothing to do with a strictly legal point defence

KeithP

Castle said:

KeithP said:

Cbay27 said:

Issue date 31st March

With a Claim Issue Date of 31st March, you have until Monday 19th April to file an Acknowledgment of Service, but there is nothing to be gained by delaying it. 

To file an AoS, follow the guidance in the Dropbox file linked from the second post in the NEWBIES thread.

Having filed an AoS, you have until 4pm on Monday 3rd May 2021 to file your Defence.

That's over four weeks away. Plenty of time to produce a Defence, but please don't leave it to the last minute.

To create a Defence, and then file a Defence by email, look again at the second post on the NEWBIES thread - immediately following where you found the Acknowledgment of Service instructions.

Don't miss the deadline for filing an Acknowledgment of Service, nor that for filing a Defence.

It's a Bank Holiday.

Oops. My mistake. Now corrected.