Help Required. County court letter for Premier parking Sold Car

Mongerl

Hi All,


I have recently received a county court business centre letter claiming for a PCN issued by Premier Park LTD.


Long story short, the vehicle in question is one I sold 6 months prior to the parking issues, so I was not the keeper of vehicle or driver. Issue with DVLA meant that their system had not updated it, and therefore the notice came to me. As with all previous notices including ones from PP, I had written to them with the receipt for the car, and info on new owner. This information was accepted by PP and other companies and the case closed down. On this occasion they have refused and advised to pay or go to court via BW legal, this is despite the fact that they accepted a previous letter which was exactly the same.


I have had DVLA update the system, and they sent a backdated confirmation letter to me stating that the system has been updated to show that I am no longer the owner from 6/2017 ( Before the parking fine) and thought this would suffice as advised by DVLA, but apparently they still wish to pursue.


I have filed the SoA and now need to create a defense. Any help?


Particulars are:


The claimants claim is for the sum of 114.52 being monies due from the defendant to the claimant in respect of a Parking charge notice (PCN) issued on 23/12/17 at 14:23:45 at St Georges Shopping Centre (ANPR)


The PCN relates to FORD under reg of ***
The terms of the PCN allowed the defendant 28 days from the issue date to pay the PCN but the defendant has failed to do so.
Despite demand having been made the defendant has failed to settle their liability.
The claim also includes statutory interest pursuant to section 69 of the county courts Act 1984 at a rate of 8% per annum a daily rate of 0.02 from 23/12/2017 to 18/12/2019 being an amount of 14.52
The claimant also claims £60 contractual costs pursuant to PCN Terms and Conditions.


Please advise what I need to present my defence etc if possible. Any help appreciated. Aiming to file defence within 10 days from now.


Happy new year!

The_Slithy_Tove

If you look around the forum for example defences, most start by admitting that the defendant is the registered keeper of the vehicle, but then going on to deny or refute everything else. This is not the case here.

Your primary defence points are simple
* You were not the driver
* You were not the keeper
Therefore you have no liability whatsoever.

You can throw in the usual arguments of non-POFA compliance, the very dodgy additional £60, and so on, but these are only there in the highly unlikely event that those main defence points fail (how on earth could they?).

Your subsequent witness statement will go into the details of when you ceased being the RK, when and what you told PP, etc.

Mongerl

So not much detail required on the defence bit then?

Redx

Mongerl wrote: »

So not much detail required on the defence bit then?

Incorrect , most defences have quite some detail , you were given a precis

I strongly suggest that you read and digest twenty and then draft your own and post it below

The SAR and AOS were next on your list

Post the issue date from the CCBC claim form below

Mongerl

Issue date is 19/12/18. I have already done the AoS section

Fruitcake

Please confirm the FULL name of the parking company as there are several with similar names.

Mongerl

Premier park limited

Fruitcake

Mongerl wrote: »

Premier park limited

So not Premier Parking Ltd as you put in the thread title and your initial post (or indeed not UK Premier Parking Ltd or Premier Parking Solutions Ltd.)

Please amend accordingly to avoid confusion.

I suggest you complain to the BPA that one of their members is continuing to misuse and share your personal data as well as harass you when you have already provided them with proof you were not the keeper at the time of the alleged event.

Please also complain to your MP about this unregulated scam.

KeithP

Mongerl wrote: »

Issue date is 19/12/18. I have already done the AoS section

On what date was an Acknowledgment of Service filed?
The MCOL website will show the definitive answer.
I'll assume it was after 24th December. Please confirm.

[STRIKE]With a Claim Issue Date of 19th December, and having filed an Acknowledgement of Service in a timely manner, you have until 4pm on Tuesday 21st January 2020 to file your Defence.[/STRIKE]

With a Claim Issue Date of 19th December, and having filed an Acknowledgement of Service on 20th December, you have until 4pm on Friday 17th January 2020 to file your Defence.


That's over two 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.

Mongerl

Thanks all. I have filed my SAR, and will email BW legal as advised. I will begin drafting my defence today/tomorrow and upload it.

Fruitcake

Have you complained to the landowner and your MP yet?

Have you complained to the DVLA, BPA, and ICO yet that your personal data is being misused?

Whilst defending your case is important, the above complaints may help considerably and could in theory stop the case all together.