Money Claim - Going Court for Private Parking PCN

bergkamp10

2.       It is admitted that the Defendant was the driver of the hire vehicle in question but liability is denied.

3.      On the date in question the Defendant admits to being the driver and having parked on the premises. The area was not familiar to the Defendant and but remembers clearly the events of the date as it was the one and only time he had ever visited the area. As he was in a class he parked and paid for a ticket to park his vehicle whilst he was in class. The defendant also clearly remembers going back to the vehicle shortly before the expiry of the original ticket to purchase a second ticket to extend the time allowed for his vehicle to be parked. The Defendant remembers clearly that, on the date in question, the full and correct VRM was entered on the first and the second occasion. The tickets were both displayed at the time on the dashboard of the vehicle.

4.    The Claimant claims in the Notice to Hirer/Keeper that "Payment not made in accordance with terms displayed on signage". The Defendant appealed to the Claimant explaining that he had paid for parking on the date in question however the Claimant rejected the appeal. The Defendant is certain he paid for two tickets on the day in question and the machine logs should reflect the Defendant's VRM, or at least a close partial match. 

5.      If the machine did not accurately record the VRM then this must have been due to an error on the machine which prevented the VRM of the Defendant being logged correctly. In this case the Claimant should have properly considered the Defendant’s appeal by investigating all of the tickets purchased around the time to ensure there were no instances of (fluttering ticket situations) or of the machine registering keystrokes of VRMs wrongly. 

6.      The Claimant is claiming, as per the Notice to Hirer, that the Defendant did not make a "payment... in accordance with the terms displayed on the signage". As such the Claimant is put to strict proof, by means of contemporaneous and unredacted evidence, the machine logs of VRMs from two hours before until two hours after the times noted in the Claimant’s NTK, as well as evidence of the correct functioning of the ticket machines on the date in question.

bergkamp10

I ended up sending the document to my friends as is in the last draft above. He had some trouble printing and scanning the document and eventually saved it as a images of each page rather than a pdf. He sent it to the email CCBCAQ@Justice.gov.uk but mentioned that he sent the email only went through at about 4:03pm. Is he screwed?

Redx

bergkamp10 said:

I ended up sending the document to my friends as is in the last draft above. He had some trouble printing and scanning the document and eventually saved it as a images of each page rather than a pdf. He sent it to the email CCBCAQ@Justice.gov.uk but mentioned that he sent the email only went through at about 4:03pm. Is he screwed?

No problem with it being slightly late , he should receive an automated email response , which may go into his spam folder , so check inbox folder and spam folder , then check the MCOL claim history over the next few days , checking that it's been logged

He should have added a digital signature to the pdf , then emailed it as an attachment , not printed and signed and scanned , but too late now

bergkamp10

Redx said:

bergkamp10 said:

I ended up sending the document to my friends as is in the last draft above. He had some trouble printing and scanning the document and eventually saved it as a images of each page rather than a pdf. He sent it to the email CCBCAQ@Justice.gov.uk but mentioned that he sent the email only went through at about 4:03pm. Is he screwed?

No problem with it being slightly late , he should receive an automated email response , which may go into his spam folder , so check inbox folder and spam folder , then check the MCOL claim history over the next few days , checking that it's been logged

He should have added a digital signature to the pdf , then emailed it as an attachment , not printed and signed and scanned , but too late now

Ah ok thanks. I will ask him to look at his emails to see if there had been a response. I realised he missed the 4pm deadline by a few minutes as he cc'd me in his email.

Thought an actual signature was required. How would a digital signature work? I don't know if he has any software like that, unless you mean just typing his name in the place. Should I ask him to do that and send it again? The one he sent is a 4 page defence but in 4 separate images.

Redx

Read this similar query and the reply , or Google it

https://forums.moneysavingexpert.com/discussion/6244414/one-parking-solution-taking-me-to-court#latest

It's just a photo or a scan of a signature in black pen on a white piece of paper , no Biggie !!

KeithP

bergkamp10 said:

Redx said:

bergkamp10 said:

I ended up sending the document to my friends as is in the last draft above. He had some trouble printing and scanning the document and eventually saved it as a images of each page rather than a pdf. He sent it to the email CCBCAQ@Justice.gov.uk but mentioned that he sent the email only went through at about 4:03pm. Is he screwed?

No problem with it being slightly late , he should receive an automated email response , which may go into his spam folder , so check inbox folder and spam folder , then check the MCOL claim history over the next few days , checking that it's been logged

He should have added a digital signature to the pdf , then emailed it as an attachment , not printed and signed and scanned , but too late now

Ah ok thanks. I will ask him to look at his emails to see if there had been a response. I realised he missed the 4pm deadline by a few minutes as he cc'd me in his email.

Thought an actual signature was required. How would a digital signature work? I don't know if he has any software like that, unless you mean just typing his name in the place. Should I ask him to do that and send it again? The one he sent is a 4 page defence but in 4 separate images.

You are now well outside anything to do with parking.

Try asking google - how do I add a digital signature to a pdf?

bergkamp10

Redx said:

Read this similar query and the reply , or Google it

https://forums.moneysavingexpert.com/discussion/6244414/one-parking-solution-taking-me-to-court#latest

It's just a photo or a scan of a signature in black pen on a white piece of paper , no Biggie !!

Ah, ok. I understand now. Thank you. By the way, just heard back from my friend. He said he's still not received any auto response on the email. Nothing in the inbox or the junk mail. Also no update on the MCOL website. Just checked the email I received from my friend and it had ccbcaq@justice.gov.uk in the to field and my email in the cc.

Should we assume they have received the email? 

Would it be wise to resend? 

Should I tell my friend to send it a second time as a pdf and attach a photo of his signature? 

Redx

I would recommend the latter with pdf that includes a digital signature and a note mentioning that he has successfully managed to condense it into one pdf file , like it should have been !

Double check that the correct ccbcaq email is used , cc to you and himself too , or bcc is probably better

Then keep checking his inbox and spam folder for the auto response

If received with auto response , check daily on MCOL until it is updated , he should phone the CCBC tomorrow or Friday if no response , checking for receipt , do not leave it or make assumptions

bergkamp10

Redx said:

I would recommend the latter with pdf that includes a digital signature and a note mentioning that he has successfully managed to condense it into one pdf file , like it should have been !

Double check that the correct ccbcaq email is used , cc to you and himself too , or bcc is probably better

Then keep checking his inbox and spam folder for the auto response

If received with auto response , check daily on MCOL until it is updated , he should phone the CCBC tomorrow or Friday if no response , checking for receipt , do not leave it or make assumptions

The correct email is ccbcaq@justice.gov.uk right?

I have helped him merge the images into one pdf. I have also asked him to add the following text to the body of the email.

"Please find attached my Defence for Claim XXXXXX. The original was sent in separate images but I have now managed to merge the images into a single PDF file.

Kind regards,

Xxxxx Xxxxx"

Is that fine?

Shall I just ask him to send if that's ok or can the wording be better? Also should he send it as an Re: to the original email, a Fwd: or as a new email?

Umkomaas

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