Claim Form Received at old Address

harmy69

Le_Kirk said:

harmy69 said:

D_P_Dance said:

As stated. you complain to YOUR MP.

Thank you. Do I disregard the Claim Form then and send my complaint to my MP? Thanks again for your help. 

See the post just above this (posted just before you did) and do NOT ignore a N1 claim form from a government dept.  Did it come from Northampton CCBC?

Thank you for your help. 

Yes it did come from Northampton Court. Very worried at the moment as they’re asking for over £200 and being on Carers Allowance that’s just not possible…

Thank you once again. 

D_P_Dance

They can ask what they like, only a judge can decide.  However judges hear these cases day after day, they are well awsre of the nature of these scam claims.  

KeithP

harmy69 said:

I have received a Claim Form with issue date of 11 October. 

With a Claim Issue Date of 11th October, you have until Monday 1st November to file an Acknowledgment of Service. As @Le_Kirk says, do not file an AoS before 16th October, but otherwise 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 in a timely manner, you have until 4pm on Monday 15th November 2021 to file your Defence.

That's over 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.

Do not try and file a Defence via the MoneyClaimOnline website. Once an Acknowledgment of Service has been filed, the MCOL website should be treated as 'read only'.

Le_Kirk

harmy69 said:

The problem I believe I have is that when I initially got the PCN I emailed the parking company saying that I had paid. I sent a picture of my ticket as evidence and included my name. I accidentally gave my old address as I was fuming at the time and wasn’t thinking straight. They rejected my email saying that the ticket was due to parking not wholly within a bay. 

The bay lines were quite non existent in many of the bays and I couldn’t see any signs either. 

I have read the newbies post but can’t find anything that is similar to my situation. I’m not very good with these things and very worried right now. 

There is your defence right there then.  Just put that in the standard defence template in paragraphs 2 & 3 using the same style as the rest of the defence.  When it comes to witness statement time (if it gets to small claims court) you will need pictures of that poorly marked out car park and its lack of paint for marking out the bays!

harmy69

KeithP said:

harmy69 said:

I have received a Claim Form with issue date of 11 October. 

With a Claim Issue Date of 11th October, you have until Monday 1st November to file an Acknowledgment of Service. As @Le_Kirk says, do not file an AoS before 16th October, but otherwise 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 in a timely manner, you have until 4pm on Monday 15th November 2021 to file your Defence.

That's over 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.

Do not try and file a Defence via the MoneyClaimOnline website. Once an Acknowledgment of Service has been filed, the MCOL website should be treated as 'read only'.

Thank you so much for all this info. It’s so distressing that they can say I didn’t park within a bay even after I paid the parking charges that day. Then to increase it to over £200 is crazy considering I didn’t receive anything in the post but one demand of payment via email from them when i initially challenged them as to the pcn. 

harmy69

D_P_Dance said:

As stated. you complain to YOUR MP.

Do I outline exactly what happened on the day of the alleged contravention? What do MPs do about these kind of complaints? Sorry to keep asking, not been in this situation before. 

Le_Kirk

harmy69 said:

D_P_Dance said:

As stated. you complain to YOUR MP.

Do I outline exactly what happened on the day of the alleged contravention? What do MPs do about these kind of complaints? Sorry to keep asking, not been in this situation before. 

From what we see on the forum, some MPs will fob you off, some will write to the parking company (PPC) on your behalf and some will suggest you appeal to the PPC.  You need to decide what you want the MP to do and a good place to start is to read the debate in the House a couple of years ago when this whole question was debated and has led to the new code of practice.
Some selected comments: -

''Rip-offs from car park Cowboys must stop''; unfair treatment; signage deliberately confusing to ensure a PCN is issued; ''years of abuse by rogue parking companies''; bloodsuckers; ''the current system of regulation is hopeless, like putting Dracula in charge of the blood-bank''; extortionate fines; rogue operators; ''sense of injustice''; unfair charges and notices; wilfully misleading; signage is a deliberate act to deceive or mislead; ''confusing signs are often deliberate, to trap innocent drivers''; unreasonable; a curse; harassing; operating in a disgusting way; appeals service is no guarantee of a fair hearing; loathed; outrageous scam; dodgy practice; outrageous abuse; unscrupulous practices; ''the British Parking Association is as much use as a multi-storey car park in the Gobi desert''; and finally, by way of unanimous conclusion: ''we need to crack down on these rogue companies. They are an absolute disgrace to this country. Ordinary motorists and ordinary residents should not have to put up with this''.

and this is what Pete Wishart MP said: -

"I am sick and tired of receiving emails from people complaining about the behaviour of parking companies, telling me that they will never again visit Perth city centre because of the negative experience they had when they had the misfortune to end up in a car park operated by one of these companies. I have received more complaints about one car park in the city of Perth than about any other issue. That car park is operated by the lone ranger of the parking cowboys: the hated and appalling Smart Parking—I see that many other Members are unfortunate enough to have Smart Parking operating in their constituencies. It has reached the stage where one member of my staff now spends a good part of each day just helping my constituents and visitors to my constituency to navigate the appeals process.

The BPA does not have the ability to regulate these companies and has shown no sign whatsoever that it is trying to get on top of some of the sharper practices. The BPA gives a veneer of legitimacy to some of the more outlandish rogue operators by including them in their membership, allowing them to continue to operate. The Bill will oblige operators such as Smart Parking to amend their practices."

Use some of that to help you.

harmy69

Le_Kirk said:

harmy69 said:

The problem I believe I have is that when I initially got the PCN I emailed the parking company saying that I had paid. I sent a picture of my ticket as evidence and included my name. I accidentally gave my old address as I was fuming at the time and wasn’t thinking straight. They rejected my email saying that the ticket was due to parking not wholly within a bay. 

The bay lines were quite non existent in many of the bays and I couldn’t see any signs either. 

I have read the newbies post but can’t find anything that is similar to my situation. I’m not very good with these things and very worried right now. 

There is your defence right there then.  Just put that in the standard defence template in paragraphs 2 & 3 using the same style as the rest of the defence.  When it comes to witness statement time (if it gets to small claims court) you will need pictures of that poorly marked out car park and its lack of paint for marking out the bays!

It’s a very strange situation. The photo they took of my car shows a bright white line to the right of my car and bright yellow line that I’m parked over. If you look at my pictures you can clearly tell bays in that car park are not clearly marked at all. 

The second pic was taken once I had already moved my car but can see some lines, like the one next to the Audi are completely non existent.

Coupon-mad

The Template Defence thread tells you what to put as your facts, as would reading any other claim threads.

I recommend you read at least a dozen over the weekend before asking anything else (this will help you far more than it helps us and is VITAL for you to learn and gain confidence in what to write and in what style).

Then, next week (after you have done your homework in these cases!)  show us your edited points 2 and 3 from the template for us to critique.

D_P_Dance

harmy69 said:

D_P_Dance said:

As stated. you complain to YOUR MP.

Do I outline exactly what happened on the day of the alleged contravention? What do MPs do about these kind of complaints? Sorry to keep asking, not been in this situation before. 

1.  Yes
2..  I do not know, there are over 600 MPs