Court claim for wrongly issue PCN

jstark

The keeper has received a court claim form for a PCN issued at a car park. 

It is understood that a ticket was correctly purchased to park and left in the correct period of time. However this company still issued a PCN and from doing a Google search it appears they have wrongly issued PCNs to many many people. See Facebook spotted group- I’m unable to post a link as new.

and also see Google reviews for this car park where people say the same thing has happened to.

The keeper did not appeal (the company: XXX Ltd is regulated by the BPA) and respond to any letters about this as it was issued incorrectly and they didn’t think the company has a case.

However, now the keeper has received a court claim. The keeper has followed the forum advice here and completed an Acknowledgement of Service to extend the response period and emailed the company for a Subject Access Request.

The keeper would like help in preparing a defence claim. Thanks for reading, please ask any questions. Thanks!

jstark

Sorry I accidentally posted earlier without completing the post! It is now complete.

KeithP

Hi and welcome to the forum.

What is the Issue Date on your County Court Claim Form?
Upon what date did you file an Acknowledgment of Service?

Surely it was the keeper that received the Claim Form?
The keeper filed an AoS.
The keeper is looking for help in preparing a Defence.

You need to edit your post to avoid giving away the driver's identity.

jstark

Hi Keith thanks. The issue date is 14 February and the Acknowledgment of Service was filed yesterday (15 February).

KeithP

jstark said:

Hi Keith thanks. The issue date is 14 February and the Acknowledgment of Service was filed yesterday (15 February).

With a Claim Issue Date of 14th February, and having filed an Acknowledgment of Service on 15th February, you have until 4pm on Monday 16th March 2020 to file your Defence.

That's 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:

1. Print your Defence.
   
2. Sign it and date it.
   
3. Scan the signed document back in and save it as a pdf.
   
4. Send that pdf as an email attachment to CCBCAQ@Justice.gov.uk
5. 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'.
   
6. 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.
   
   After filing your Defence, there is more to do...
   
   
7. Do not be surprised to receive an early copy of the Claimant's Directions Questionnaire. Nothing of interest there. Just file it.
   
8. Wait for your own Directions Questionnaire from the CCBC, or download one from the internet - https://www.gov.uk/government/publications/form-n180-directions-questionnaire-small-claims-track , and then complete it as described by bargepole in his 'what happens when' post linked from post #2 of the NEWBIES thread - https://forums.moneysavingexpert.com/discussion/4816822/newbies-private-parking-ticket-old-or-new-read-these-faqs-first-thankyou"]
   
9. The completed DQ should be returned by email to the CCBC to the same address and in the same way as your Defence was filed earlier.
   
10. Send a copy of your completed DQ to the Claimant - to their address on your Claim Form.

jstark

Thanks Keith, noted re the defence deadline.

The keeper is currently drafting a defence but also waiting for the parking company to send over their response to the SAR; hoping that they do so asap... Is there anyone on this forum that you suggest can help to review a draft defence?

Le_Kirk

jstark said:

Thanks Keith, noted re the defence deadline.

The keeper is currently drafting a defence but also waiting for the parking company to send over their response to the SAR; hoping that they do so asap... Is there anyone on this forum that you suggest can help to review a draft defence?

Results from SAR will be more useful at Witness Statement stage.  Every regular poster on here will help review your defence, just post it when complete.

Redx

If no appeal was made then it's the keeper that received a court claim and the keeper that sent the SAR etc

Your posts need altering and editing to mention only the keeper , the driver is not known at this time , stay in keeper mode

D_P_Dance

Nine times out of ten these tickets are scams, so consider complaining to your MP, it can cause the scammer extra costs and work, and has been known to get the charge cancelled.

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.

http://www.legislation.gov.uk/ukpga/2019/8/contents/enacted

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

KeithP

Redx said:

If no appeal was made then it's the keeper that received a court claim and the keeper that sent the SAR etc

Your posts need altering and editing to mention only the keeper , the driver is not known at this time , stay in keeper mode

...and to build on Redx's comment... in you most recent post it is surely the keeper that is writing his/her Defence?

That's now three times this has been pointed out.

Please take care.

jstark

Many thanks all for your very helpful responses. A complaint has been sent to the relevant local MP. A draft defence will be posted shortly and any comments will be gratefully appreciated.