PPS ticket - Claim Stage

SOS1963

Hello!
I have been on and off this very useful forum since I first got my PCN through. 
I have now gone through all the stages set out in the Newbies FAQs, and I have a Claim letter, which I assume may result in me going to court.
I am in the process of putting together my defence but just wanted to see if anyone can advise on the following. Or share links to relevant threads, with similar questions to mine.

Key Facts/Qs:
- The PCN is for a privately owned car park. I have the original ticket I bought. The reason I was given a PCN was because I didn't fill in my reg correctly (under the 'contract', paying is not the only condition of parking, and only the first letter registered on the ticket machine/ticket).
- In light of the above, should I still use the template below (amount is £251) and add the info above? Basically, should there be two elements to my defence; the other relating to the fact I did buy a ticket for the time parked there, acted in good faith etc?
https://forums.moneysavingexpert.com/discussion/6108153/suggested-template-defence-to-adapt-for-all-parking-charge-cases-where-they-add-false-admin-costs/p1
- Finally, I have another ticket from the same car park (a year before), which was also because I entered the wrong car reg (!!). This has gone through the motions up to Letter Of Claim (received in May). Should I raise this and try and get them both cleared?!

Thanks for all the help and advice!

KeithP

Hello and welcome.

If you have a County Court Claim Form then please tell us the Issue Date on it.

What is the full name of the Claimant?

SOS1963

Issue date 20 July 2021
Claimant is Premier Parking Solutions Limited

KeithP

SOS1963 said:

Issue date 20 July 2021
Claimant is Premier Parking Solutions Limited

With a Claim Issue Date of 20th July, you have until Monday 9th August 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 23rd August 2021 to file your Defence.

That's almost 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.

D_P_Dance

amount is £251) 

No doubt some/much of that is unlawful. have you read this?

Excel v Wilkinson

At the Bradford County Court, District Judge Claire Jackson (now HHJ Jackson, a Specialist Civil Circuit Judge) decided to hear a 'test case' a few months ago, where £60 had been added to a parking charge despite Judges up and down the country repeatedly disallowing that sum and warning parking firms not to waste court time with such spurious claims.   That case was Excel v Wilkinson: G4QZ465V, heard in July 2020 and leave to appeal was refused and that route was not pursued.  The Judge concluded that such claims are proceedings with 'an improper collateral purpose'.   This Judge - and others who have since copied her words and struck dozens of cases out in late 2020 and into 2021 - went into significant detail and concluded that parking operators (such as this Claimant) are seeking to circumvent CPR 27.14 as well as breaching the Consumer Rights Act 2015.   DJ Hickinbottom has recently struck more cases out in that court area, stating: ''I find that striking out this claim is the only appropriate manner in which the disapproval of the court can be shown''.

https://www.dropbox.com/s/16qovzulab1szem/G4QZ465V Excel v Wilkinson.pdf?dl=0

Have you complained to your MP?

Coupon-mad

With the second one, if it involves the same car and car park and Defendant, they should have advanced their entire claim as part of this case. 

So, you should also reply to that May LBC and reference Henderson v Henderson (search the forum, it’s been done to death) to tell them they can’t bring a second claim with near duplicate facts and if they want to add this PCN to claim number xxxxxxx they will have to make an application to amend their claim and Particulars.  If not, then any second claim is doomed due to cause of action estoppel.

SOS1963

Thanks all. I will crack on as suggested. 
I sent off the AoS yesterday by post rather than email - just to get a bit more time

I will do the LBC reply re the second claim to BW Legal this week...
If I don't hear back by 18th, I will send the defence as it is. I am also due to have a baby on 22nd and don't want to miss the deadline, as pointed out!!

Cheers!

Coupon-mad

Posting the AOS doesn’t change the timeline!

KeithP

SOS1963 said:

I sent off the AoS yesterday by post rather than email - just to get a bit more time

I would suggest that you take half an hour or so to do the Acknowledgment of Service online - as described above.

There is always a risk of mail going astray, particularly inside large organisations.

For the sake of a few minutes, filing an AoS online is well worth the peace of mind.

SOS1963

Ok cool... Yes, I realised it wouldn't change the timeline. I am just setting some of my own deadlines!
Will do that then.
Thanks!

SOS1963

KeithP said:

SOS1963 said:

Issue date 20 July 2021
Claimant is Premier Parking Solutions Limited

With a Claim Issue Date of 20th July, you have until Monday 9th August 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 23rd August 2021 to file your Defence.

That's almost 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.

Hello. Just checking then, that you don't recommend filing the defence through the MCOL portal? Do this by email only - as set out in the post you mention above?
I can see my AoS has been logged on the portal.