We’d like to remind Forumites to please avoid political debate on the Forum.
This is to keep it a safe and useful space for MoneySaving discussions. Threads that are – or become – political in nature may be removed in line with the Forum’s rules. Thank you for your understanding.
IMPORTANT: Please make sure your posts do not contain any personally identifiable information (both your own and that of others). When uploading images, please take care that you have redacted all personal information including number plates, reference numbers and QR codes (which may reveal vehicle information when scanned).
📨 Have you signed up to the Forum's new Email Digest yet? Get a selection of trending threads sent straight to your inbox daily, weekly or monthly!
County Court Claim Defense for a PCN in 2015
parking_annoyed
Posts: 18 Forumite
Hello,
I'm really struggling to know how to defend my case with a county court claim I received for a PCN back in Nov 2015 and wondered if any experts can help! I have read through thread after thread, including the Newbies thread and, although really helpful, I'm still a bit lost as to where to go with my defense.
A little back story - the PCN was issued Nov 2015 on land previously occupied by a company I used to work for - I left the company in Jan 2014, the company then closed down in Jan 2015 and so, at the time of the fine, no business or person occupied the property. I have enquired with the assets registry of my local council as to who the landowner was at this time but am yet to hear back. Whilst working at this company, I know that my manager at the time entered into a verbal agreement with the owner of the parking company - no written contract was signed and the company head office themselves (who will have been the leaseholders) were not aware of this agreement. Once the company closed down, the parking company continued to fine on this land - whether they had the landowners consent is something I am trying to find out - and I believe they may also have changed company name, but cant be completely sure. The building remained empty at the time of the fine and so any cars parking on the land were doing so at the detriment or inconvenience to noone else.
At the time of the fine being issued, though my memory of the day is hazy since 6 years have now gone by, I called the company immediately after coming back to my car and seeing the parking fine. I explained who I was to the owner of the parking company (we knew each other from me being in contact with him when he was fining for the company i previously worked for on this particular land) and that he had fined my car. He told me that he would cancel the fine and not to pay. I did not receive any further correspondence in relation to this fine and thought no more of it until April 2021 when I received a letter from DCBL. A family member was present at the time of my telephoning the owner at the time of the fine and can give witness to this. My previous manager can also verify that he did not sign any contract with the parking company to agree to them fining on that land previously.
Since the fine is from such a long time ago, I'm unsure how to defend this or if I even have a solid defense. The time left for me to put in my defense is only days away and I don't think I have the time now to find out more about the landowner and whether there was even a contract between them and the parking company since - I haven't heard anything back from those I have contacted and am going around in circles.
I would really appreciate any help or advice anyone can give on this one - I am losing alot of sleep over it!
Thanks in advance
Parking Annoyed Person
I'm really struggling to know how to defend my case with a county court claim I received for a PCN back in Nov 2015 and wondered if any experts can help! I have read through thread after thread, including the Newbies thread and, although really helpful, I'm still a bit lost as to where to go with my defense.
A little back story - the PCN was issued Nov 2015 on land previously occupied by a company I used to work for - I left the company in Jan 2014, the company then closed down in Jan 2015 and so, at the time of the fine, no business or person occupied the property. I have enquired with the assets registry of my local council as to who the landowner was at this time but am yet to hear back. Whilst working at this company, I know that my manager at the time entered into a verbal agreement with the owner of the parking company - no written contract was signed and the company head office themselves (who will have been the leaseholders) were not aware of this agreement. Once the company closed down, the parking company continued to fine on this land - whether they had the landowners consent is something I am trying to find out - and I believe they may also have changed company name, but cant be completely sure. The building remained empty at the time of the fine and so any cars parking on the land were doing so at the detriment or inconvenience to noone else.
At the time of the fine being issued, though my memory of the day is hazy since 6 years have now gone by, I called the company immediately after coming back to my car and seeing the parking fine. I explained who I was to the owner of the parking company (we knew each other from me being in contact with him when he was fining for the company i previously worked for on this particular land) and that he had fined my car. He told me that he would cancel the fine and not to pay. I did not receive any further correspondence in relation to this fine and thought no more of it until April 2021 when I received a letter from DCBL. A family member was present at the time of my telephoning the owner at the time of the fine and can give witness to this. My previous manager can also verify that he did not sign any contract with the parking company to agree to them fining on that land previously.
Since the fine is from such a long time ago, I'm unsure how to defend this or if I even have a solid defense. The time left for me to put in my defense is only days away and I don't think I have the time now to find out more about the landowner and whether there was even a contract between them and the parking company since - I haven't heard anything back from those I have contacted and am going around in circles.
I would really appreciate any help or advice anyone can give on this one - I am losing alot of sleep over it!
Thanks in advance
Parking Annoyed Person
0
Comments
-
Oh no. If you'd just responded to the LBC you'd have timed it out and never got a claim.. One email 3 weeks ago would have stopped this forever.
Now you will have to defend - see template defence and NEWBIES thread.PRIVATE 'PCN'? DON'T PAY BUT DON'T IGNORE IT (except N.Ireland).
CLICK at the top or bottom of any page where it says:
Home»Motoring»Parking Tickets Fines & Parking - read the NEWBIES THREAD1 -
Thank you for your response! I did reply to the LBC at the time I should (i joined a group on FB and took their advice to do this) - DCBL responded and then I received the County Court Claim.0
-
One email 3 weeks ago would have stopped this forever. ONE EMAIL. Blinking Facebook.
PRIVATE 'PCN'? DON'T PAY BUT DON'T IGNORE IT (except N.Ireland).
CLICK at the top or bottom of any page where it says:
Home»Motoring»Parking Tickets Fines & Parking - read the NEWBIES THREAD1 -
Hello and welcome.
What is the Issue Date on your County Court Claim Form?
Have you filed an Acknowledgment of Service?
If so, upon what date did you do so?
Your MCOL Claim History will have the definitive answer to that.
2 -
I'm now learning this! I only found this forum after the county court claim - had I found it before, I know I wouldn't be in this position now. I did consult a solicitor on this - at this point, with little time left, is it worth me now asking them to defend me?
Thank you0 -
That won't be cost effective at all.parking_annoyed said:I did consult a solicitor on this - at this point, with little time left, is it worth me now asking them to defend me?3 -
Hello!KeithP said:Hello and welcome.
What is the Issue Date on your County Court Claim Form?
Have you filed an Acknowledgment of Service?
If so, upon what date did you do so?
Your MCOL Claim History will have the definitive answer to that.
issue date - 22/10/21
Acknowledged - 4/11/21
1 -
I did consult a solicitor on this - at this point, with little time left, is it worth me now asking them to defend me?What, you want to go back to the person who FAILED to tell you one email asking for a 30 day hold for debt advice, would time this out? It's in the pre-action protocol. Did you PAY him for that advice?PRIVATE 'PCN'? DON'T PAY BUT DON'T IGNORE IT (except N.Ireland).
CLICK at the top or bottom of any page where it says:
Home»Motoring»Parking Tickets Fines & Parking - read the NEWBIES THREAD1 -
Coupon-mad said:
No i didn't pay anyone for advice. I contacted them after responding to the LBC but didnt take it as far as giving them any details of the case nor did I get to the point of asking their advise - I merely enquired about their services in this field and how much they charge.I did consult a solicitor on this - at this point, with little time left, is it worth me now asking them to defend me?What, you want to go back to the person who FAILED to tell you one email asking for a 30 day hold for debt advice, would time this out? It's in the pre-action protocol. Did you PAY him for that advice?1 -
You can find out on the Land Registry website who the landowner is. It costs £3.
https://www.gov.uk/search-property-information-land-registry
2
Confirm your email address to Create Threads and Reply
Categories
- All Categories
- 352.2K Banking & Borrowing
- 253.6K Reduce Debt & Boost Income
- 454.3K Spending & Discounts
- 245.3K Work, Benefits & Business
- 601K Mortgages, Homes & Bills
- 177.5K Life & Family
- 259.1K Travel & Transport
- 1.5M Hobbies & Leisure
- 16K Discuss & Feedback
- 37.7K Read-Only Boards