Struggling with ws, 11 days to deadline

Tiredofparkingfine

Read the guide that Umkomaas posts every week on here , it has all the options for finding out landowner details !

Where do I find this?
If possible could you post a link?
Thank you

Tiredofparkingfine

Claim form

Le_Kirk

You are stuck with the defence you filed unless you want to pay even more (£100 or more) to change your defence.  Given your financial situation, I doubt you would want to do that.  You need to complete the DQ (help is available on how to do this by following this link: -
https://forums.moneysavingexpert.com/discussion/5546325/court-claim-procedure-updated-october-2016/p1
Once you have completed and sent the DQ to CCBCAQ@Justice.gov.uk (unless you have been given a different e-mail address in the paperwork that sent the DQ), you need to search for a witness statement (WS) written by @jrhys as this is the one that most people are using now as an EXAMPLE and a GUIDE.  Do NOT just blindly copy it.  Do not miss the DQ deadline. Then wait for notice of allocation to small claims court and the actual court and date of hearing.  On that letter it will tell you when to send your WS.

Umkomaas

Tiredofparkingfine said:

Read the guide that Umkomaas posts every week on here , it has all the options for finding out landowner details !

Where do I find this?
If possible could you post a link?
Thank you

SOME IDEAS ON DETERMINING WHO OWNS THE LAND 

©️Umkomaas 02/21 !! 🤓

1. Google searches

2. If a retail park, check on any signage which lists the on-site outlets

3. Ask retailers on the site if there is a managing agent

4. Ask retailers on the site to whom do they pay rent

5. Contact the local authority and ask who pays the non-domestic/business rate for the car park (some councils have a spreadsheet on their website)

6. Contact the local Valuation Office and ask if they know. They often have a website which might provide the information 

7. Contact The Land Registry and for around £3 they should be able to provide definitive detail

8. If you haven't already done so, give us the name of the car park, we may have seen other cases there. 

D_P_Dance

They appear to have added an unlawful £60, read this and complain to your MP,

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

Coupon-mad

Tiredofparkingfine said:

Dear sir/madam
I received a £60 fine for waiting in my car for less than 10 mins
for my children on a private land without realising it was
private land.
The area is a very small area off the pavement and you would not
realise you've entered unless you looked up and saw the camera
and notice. There is nothing at the entry suggesting your
entering a private land.
On receiving the fine I appealed as I thought £60 was unfair for
being on the private land without realising for less than 10
mins. I apolgised and explained how my eyes didn't go on the
camera and notice and how I couldn't afford to pay that. However
the appeal was rejected.
As I had great difficulty paying that I looked online for help
and came across a company who I paid £18 to sort this out for me.
The reviews were very good for the company and it was also on
metro. They assured me I have nothing to worry about and it is
sorted.
Six months later when I received this court letter I was shocked
and emailed the company who are not helping me now. So I am stuck
now and there's no way I can afford to pay £245.
I don't work.
I just don't know where I can get this money from.
Since receiving this letter I have been going through so much
stress and worry than I am unable to sleep and do my normal daily
activities.
Please could I request you to understand i didn't realise it was
private land and i was there for less than 10 mins and I do not
have money to pay this.
I could have just waited on the Pavement but I didn't realise the
signage and camera at all which is why I waited there.
Had I seen it I would have never entered the area.
Also please take into consideration that I have been scammed by
the online parking company and now i am in a very bad situation.
After this incident I have become so fearful whilst driving that
I may enter a area without realising its private land and get
fined again.
Please reconsider this.
Your help will be much appreciated
Thank you

Thats the defence I posted

Oh dear.  I so wish you had come here first.  That's not a defence. 

You've written it like it's some sort of appeal, but it's a defence to a court claim so somewhat more serious and worthy of research at the time. You could have used our template defence and adapted that in about 20 minutes flat.  Too late now, that defence is what you are stuck with, although of course you will have to submit a witness statement and evidence a few weeks before the hearing. 

This is the only part of your defence that has any legs at all, and the only part you can explain more about, with photo evidence, at WS stage:

The area is a very small area off the pavement and you would not
realise you've entered unless you looked up and saw the camera
and notice. There is nothing at the entry suggesting your
entering a private land.

I really hope you have done the Government Consultation by email and objected absolutely to ANY debt recovery fake 'costs' being added on top of a parking charge (of course) and told them what you think of them increasing charges to £130 instead of £100...

You have 6 days to do the consultation.  Please, please, do.

Also, I hope you've also registered for the Group Action, against the DVLA (open to anyone with a PCN since 2018?).  Gotta be in it to win it!  Nothing to lose, and it's genuine.

Read the threads about those important matters, they both need doing, right now, this week.

Tiredofparkingfine

Thank you very much for the advice.
I do really wish I had come here earlier.

Do you think there is any point going ahead now or should I just pay? 
I have deadline for the questionnaire on the 2nd September.

Also what is the government consultation?

KeithP

There are two threads you need to read -

1) about the Government consultation - which is on the first page of the thread index list - the first two words of the thread title being Government Consultation.

2) about the group action against the DVLA - that has now dropped to the second page, but with a thread title starting DVLA MISUSE OF PERSONAL DATA is also easy to find.

The second of those stands to benefit you directly, while the first may not help you with your current situation, it will significantly reduce the risks of excessive charges that all motorists currently face in private car parks..  

Tiredofparkingfine

On ipaymypcn its shows the amount I owe as 165, what if I just paid that on the site?
Will I still be required to pay the remaining £80 as it states on the claim form?

Redx

Because a court claim is in progress at the higher figure , paying the lower figure won't cancel the claim unless the claimant agrees and contacts the CCBC in Northampton and withdraws the claim !!

So unless you obtained that assurance in writing , I wouldn't try it !!

If you lost in court , you object to the spurious charges , hopefully the judge strikes them out and you pay £200 or less

You need to read more threads , especially the government consultation thread by coupon mad