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County Court letter

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Comments

  • maycowan
    maycowan Posts: 116 Forumite
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    This seems to relate to Scotland 
  • KeithP
    KeithP Posts: 41,296 Forumite
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    edited 14 December 2021 at 8:50PM
    maycowan said:
    This seems to relate to Scotland 
    I am sorry, what does?
    Are you in Scotland?
    Did the parking event take place in Scotland?

    Edited to add...
    Ah I see it now. For some inexplicable reason DPD has referred you to a Scottish CAB page. How bizarre.
  • Coupon-mad
    Coupon-mad Posts: 160,817 Forumite
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    People don't physically go to court now, it's mostly done by phone.
    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 THREAD
  • maycowan
    maycowan Posts: 116 Forumite
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    I'm on here now on behalf of my mother as its all getting much for her. When reading through all the defence template I'm not sure all of that is relevant. My mother hasn't much recollection of events and is not even sure if she was driving as other family members had access to the car. Therefore all the stuff about signage and illegal costs etc don't make sense.  Could someone please help with a simpler defence statement.  Many thanks
  • Coupon-mad
    Coupon-mad Posts: 160,817 Forumite
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    edited 15 December 2021 at 10:21AM
    No, she doesn't want/need a simpler defence.

    All the points are relevant to every case, even those where the keeper doesn't know who was driving.  

    Para 3 is where she adds her known facts - which might well be that she knows nothing about the event and puts the Claimant to struct proof of their allegations and their compliance with the POFA 2912, schedule 4, because the Defendant's car was used by other family members and it is likely she was not the driver, so in the absence of evidence of this or any breach, liability is denied.

    Then she can alter the bit about unclear signs but STILL KEEP IT IN, saying that this Claimant's signs are notorious for a lack of prominence and minuscule text. Or that she has been to look at the signs and...
    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 THREAD
  • Redx
    Redx Posts: 38,084 Forumite
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    maycowan said:
    I'm on here now on behalf of my mother as its all getting much for her. When reading through all the defence template I'm not sure all of that is relevant. My mother hasn't much recollection of events and is not even sure if she was driving as other family members had access to the car. Therefore all the stuff about signage and illegal costs etc don't make sense.  Could someone please help with a simpler defence statement.  Many thanks
    Save her version for her witness statement in several months time

    If you paid a lawyer for a legal defence , then you would get something similar to the defence template !

    So if you or she don't understand what is required , just go with what we tell you to do , as mentioned above

    Take it from us , you DO want to leave everything in , regardless of your lack of understanding

    The time for her story is in spring or summer 2022 !
  • maycowan
    maycowan Posts: 116 Forumite
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    I Sent letter and email to DCBL on 14th December asking for photos evidence etc and they haven't responded. What should I do please
  • Umkomaas
    Umkomaas Posts: 44,332 Forumite
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    edited 29 December 2021 at 10:09AM
    maycowan said:
    I Sent letter and email to DCBL on 14th December asking for photos evidence etc and they haven't responded. What should I do please
    There's no requirement on them to provide you with anything until the evidence stage (Witness Statement) of proceedings. 

    You should be sending a SAR to the parking firm NOW, to see what personal data they hold regarding your mother and her vehicle, but don't expect photos of the car park, or the signage, or the contract the PPC has with the landowner. All those come later. Note - the SAR goes to the parking firm, not the lawyers. 

    The PPC has 30 days to respond, and you probably won't get that until after the due date for the submission of the Defence. But that's not a problem as SAR information is more useful to you at the WS stage. 

    A link to a SAR template is included in the NEWBIES FAQ Announcement, second post.
    Please note, we are not a legal advice forum. I personally don't get involved in critiquing court case Defences/Witness Statements, so unable to help on that front. Please don't ask. .

    I provide only my personal opinion, it is not a legal opinion, it is simply a personal one. I am not a lawyer.

    Give a man a fish, and you feed him for a day; show him how to catch fish, and you feed him for a lifetime.

    #Private Parking Firms - Killing the High Street
  • I thought the parking company had passed it on to DCB
  • Umkomaas
    Umkomaas Posts: 44,332 Forumite
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    maycowan said:
    I thought the parking company had passed it on to DCB
    On what basis? Did they write to tell you this? Highly unlikely that DCB will have as comprehensive a record as the PPC has at its disposal. 
    Please note, we are not a legal advice forum. I personally don't get involved in critiquing court case Defences/Witness Statements, so unable to help on that front. Please don't ask. .

    I provide only my personal opinion, it is not a legal opinion, it is simply a personal one. I am not a lawyer.

    Give a man a fish, and you feed him for a day; show him how to catch fish, and you feed him for a lifetime.

    #Private Parking Firms - Killing the High Street
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