Multiple PCNs for parking in flat car park

Le_Kirk

Jams91 said:

Now we wait for the Directions Questionnaire! Although I need to advise all parties about my home move soon.... in any case I am staying local and will have access to my old post-box

You send a Data Rectification Notice to the DPO of the parking company advising them that "as and from DD/MM/YYYY your new address will be xxxxxxxxxxxxxx"  and requiring them to inform all and any of their agents and sub-contractors.  Just send an ordinary letter or e-mail to CCBC informing them of same.

Jams91

Ok plot twist:

Berated the Managing Agent and UKPC in separate mail threads. Pushed a bit harder on the MA and they spoke to UKPC....

I get a mail this afternoon from UKPC saying they will cancel the PCNs mentioned in this thread (car #2) and another one (car #3 again for no permit in a valid bay) as a gesture of goodwill.

I think it's no actual goodwill.... they have realised on consideration that they can not win them.

However there is one final PCN (car #1 back in 2017) for it not being parked within the marked bays that they won't cancel. (the car park bays weren't actually painted until 2019 meaning it was near impossible to make out which bay is which).

Le_Kirk

Jams91 said:

However there is one final PCN (car #1 back in 2017) for it not being parked within the marked bays that they won't cancel. (the car park bays weren't actually painted until 2019 meaning it was near impossible to make out which bay is which).

Excellent for cars 2 & 3; for car 1, you have a good defence point if it gets to court that it is void for impossibility as you cannot park in a marked bay if there are no ........ well, marked bays!

Jams91

Le_Kirk said:

Jams91 said:

However there is one final PCN (car #1 back in 2017) for it not being parked within the marked bays that they won't cancel. (the car park bays weren't actually painted until 2019 meaning it was near impossible to make out which bay is which).

Excellent for cars 2 & 3; for car 1, you have a good defence point if it gets to court that it is void for impossibility as you cannot park in a marked bay if there are no ........ well, marked bays!

For cars 2 & 3, they wrote to me to say they were cancelling them literally hours after I filed my defence and counter claim. I think when UKPC realise there's a CC they will no longer drop them, but pursue with vengeance?

Yep car 1 there's a strong defence... I'll start a separate thread if/when that hits the court 

Jenni_D

If there's a CC then they can't drop the claim anyway? (Well, they can - but the hearing would continue to consider your CC unless you also dropped your CC; which you wouldn't do unless they recompensed you for the claim plus other costs).

Coupon-mad

Correct. They are too late to get out of this without settling your wasted costs.  You filed a counterclaim which is paid-for, live and has cost you a court fee.

The case continues unless:

(a) they discontinue
(b) you accept them paying you the wasted court fee cost
(c) only once you are sure that both (a) and (b) have happened, you may discontinue if you want to resolve it all without being out of pocket and if you have no appetite for the counterclaim.

Jams91

Got it. In that case I'll reply to their mail today with a thank you. My court fee is paid and I don't see them compensating me the £50 somehow.... to court it is

Coupon-mad

I'd ask them to pay it if you'd rather it was over now.  Maybe let them discontinue first THEN tell them!

Counterclaims are hard to win and there is no guarantee the Judge this year, will agree with DJ Devlin.

Jams91

Coupon-mad said:

I'd ask them to pay it if you'd rather it was over now.  Maybe let them discontinue first THEN tell them!

Counterclaims are hard to win and there is no guarantee the Judge this year, will agree with DJ Devlin.

  perfect

Jams91

Defence received on MCOL ...