Help/Advice needed regarding PCN

Hot_chocolate20

KeithP said:

...the issue date is 08 July 2020

I filed it online on the July 19th. 

With a Claim Issue Date of 8th July, and having filed an Acknowledgment of Service in a timely manner, you have until 4pm on Monday 10th August 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.

To create a Defence, and then file a Defence, look at the second post in the NEWBIES thread.

Don't miss the deadline for filing a Defence.

@KeithP thank you. I received the data I requested from the Bank Park and it only consists on the PCN..sent precisely 1 month 5 days after the 'alleged offence' I look forward to using the guidance in this forum to take them to the cleaners.

Coupon-mad

I expect you got all sort of misleading letters from CIS or TNC threatening a summons and to send someone round?  Keep them all as evidence for the later witness statement and evidence stage. 

What were the PCN event circumstances and why was the driver parked there, how long for and what happened? 

Did the person appeal?  Admit to driving?

Hot_chocolate20

Coupon-mad said:

I expect you got all sort of misleading letters from CIS or TNC threatening a summons and to send someone round?  Keep them all as evidence for the later witness statement and evidence stage. 

What were the PCN event circumstances and why was the driver parked there, how long for and what happened? 

Did the person appeal?  Admit to driving?

@Coupon-mad I only surprisingly received one letter and it was from ZZPS who threatened to engage their solicitors QDR. I heard nothing for almost two years until the claim form appeared from  the County Court.
The circumstances were that the driver went to purchase an item but had a two year old with them. At the time the BP car park only accepted cash (they upgraded that last year to accept card now) and the driver didnt have cash at the time only their card. Long story short they were there for 21 minutes and long behold a claim for over £250

Hot_chocolate20

Coupon-mad said:

I expect you got all sort of misleading letters from CIS or TNC threatening a summons and to send someone round?  Keep them all as evidence for the later witness statement and evidence stage. 

What were the PCN event circumstances and why was the driver parked there, how long for and what happened? 

Did the person appeal?  Admit to driving?

@Coupon-mad no appeal was made or admission as the car is registered in my name

Coupon-mad

OK, show us your intended points #17 and #18 to slot into the template defence.

Hot_chocolate20

Coupon-mad said:

OK, show us your intended points #17 and #18 to slot into the template defence.

@Coupon-mad no problem I will do. 

Hot_chocolate20

I have a question about  point 15 which talks about the pre-action protocol breach;

" Pre-Action Protocol for Debt Claims, the Letter Before Claim omitted evidence of any breach and failed to append the wording of the sign or consumer notice..." 

In this instance neither the Pre- Action Protocol for DC nor the Practice Direction - Pre-Action Conduct and Protocols were adhered to. I was also never issued a letter of claim 30 days preceding the legal proceedings or any time preceding legal proceedings (cant ever remember receiving one). Can I amend point 15 accordingly @Coupon-mad and @KeithP? Thanks

Redx

Yes amend point 15 to suit personal circumstances

Hot_chocolate20

Redx said:

Yes amend point 15 to suit personal circumstances

Thanks @Redx

Hot_chocolate20

Does this read well? Thanks
#15 In the alternative, the defence is prejudiced and the court is invited to note that, contrary to the Pre-Action Protocol for Debt Claims, the Letter Before Claim was never issued to the Defendant by the Claimant (to the best of the Defendant’s knowledge). The claimant further omitted to give regard to the Practice Direction – Pre- Action Conduct Protocols, in particular sections 6,8, and 9. The Defendant invites the court to note the claimant’s complete disregard to complying with the Practice Direction – Pre- Action Conduct Protocols.  Further, the stylised Particulars of Claim are embarrassing and incoherent, lacking specificity re the status of the contracting parties and failing to detail any contract, conduct or liability that could give rise to a cause of action.