Parking Charge Notice Received from 4 years ago!!!

Waqy1

I have read the thread and done the acknowledgement of service and now need to write up a defence. I am worried so bare with me. I have no recollection of what actually happened as it was from 2018. From the images, you can see the parking duration was only from 17:48 to 18:01 and the photos of my vehicle are very zoomed in and just really show the reg of my car. I have received a county court claim form from the CCBC asking for £320!! I received the claim form and the location was just 'Islamic Place of Worship' so i called them and they said they can send me the original PCN which i have also added a photo of. Can someone please advise what defence i would use if there is one

Le_Kirk

Waqy1 said:

I have read the thread......  Can someone please advise what defence i would use if there is one

What thread have you read?  Did you mean the NEWBIE sticky second post?  If so, the info you require is all there and the defence template is one of the announcements on the first page of the forum.

Fruitcake

What happened when you complained to the landowner?

Who did you 'phone, and did you reveal or hint at the driver's identity?

Have you complained to your MP yet?

You should follow the guide to court written by bargepole that you will find in the second post of the NEWBIES. Hopefully that is the thread to which you refer. You will need to refer to the fifth post of the NEWBIES to understand the abbreviations and acronyms used on this forum.

Start by completing the AoS. There is no advantage in delaying that. DO NOT under any circumstances put anything in the defence box.

By the way, it's bear, not bare. 

Waqy1

Fruitcake said:

What happened when you complained to the landowner?

Who did you 'phone, and did you reveal or hint at the driver's identity?

Have you complained to your MP yet?

You should follow the guide to court written by bargepole that you will find in the second post of the NEWBIES. Hopefully that is the thread to which you refer. You will need to refer to the fifth post of the NEWBIES to understand the abbreviations and acronyms used on this forum.

Start by completing the AoS. There is no advantage in delaying that. DO NOT under any circumstances put anything in the defence box.

By the way, it's bear, not bare. 

I thought it would be too late to complain to the landowner as I have received a county court form? 
I rang the number for civil enforcement which I found on the same form just to ask them where exactly is this "islamic place of worship" that I apparently parked at  in 2018 and they said they would send the original pcn which I have now received. I did not hint at the drivers identity, it was a very short convo. I have done the AoS and I am trying to do my defence but honestly I'm stuck on when it says in your own words describe what business the driver had there and what went wrong? 

Fruitcake

It is never too late to get a landowner cancellation.

In future, never, ever 'phone an unregulated private parking company, or any of their agents.

Para 2 of the template is easy. You admit to being the keeper but liability is denied. If you don't know who was driving, you say so. If you know it wasn't you, you say so.

Para 3 should explain the type of car park (residential, pay and display, part of a retail park etcetera, and what happened, or in the alternative, the keeper cannot be expected to recall what happened on an unremarkable day X years ago. 
Have a look at other threads to see what other posters have said. Stick a pin in the threads and you will find half of them are court cases.

Visit the site if you can and get photos of the area and signage. Have a look at Google Streetview to see if there are any historic images that may be of use.

Archie_Duke

What are the thoughts on whether in future courts are going to continue allowing this kind of claim  years after the ‘parking event’ once the Government code of practice has been phased in?

Trainerman

Well, unless they change consumer law, the PPC will still have six years. However, once the new Code is fully in place it may well be that there will not be the incentive to use the Courts as part of their bullying tactics. Thus,  numbers of this kind of case would then drop.

A great relief to the Court system and motorists everywhere !

Waqy1

Fruitcake said:

It is never too late to get a landowner cancellation.

In future, never, ever 'phone an unregulated private parking company, or any of their agents.

Para 2 of the template is easy. You admit to being the keeper but liability is denied. If you don't know who was driving, you say so. If you know it wasn't you, you say so.

Para 3 should explain the type of car park (residential, pay and display, part of a retail park etcetera, and what happened, or in the alternative, the keeper cannot be expected to recall what happened on an unremarkable day X years ago. 
Have a look at other threads to see what other posters have said. Stick a pin in the threads and you will find half of them are court cases.

Visit the site if you can and get photos of the area and signage. Have a look at Google Streetview to see if there are any historic images that may be of use.

Thanks mate. The said location has changed from a exhibition centre to a store so not sure who the owner is? 

I've added this in, let me know your thoughts please:

2. It is admitted that the Defendant was the registered keeper of the vehicle in question but liability is denied. 

3. The keeper cannot recall what happened on an insignificant day 4 years prior. The duration listed on the PCN was less than 15 minutes and the keeper used Google Maps Street View to get the layout of the car park and still has no recollection of ever parking there. Upon checking the maps it is hard to determine what kind of parking situation it is. As seen from Google Maps Street View, signs seem to be on a large pole so if you don’t break your neck looking up they can be easily missed. The images provided on the PCN by the Claimant only show two zoomed in images of the front and rear number plate of the vehicle in question and no clear view of where the vehicle was actually parked.

Waqy1

Fruitcake said:

It is never too late to get a landowner cancellation.

In future, never, ever 'phone an unregulated private parking company, or any of their agents.

Para 2 of the template is easy. You admit to being the keeper but liability is denied. If you don't know who was driving, you say so. If you know it wasn't you, you say so.

Para 3 should explain the type of car park (residential, pay and display, part of a retail park etcetera, and what happened, or in the alternative, the keeper cannot be expected to recall what happened on an unremarkable day X years ago. 
Have a look at other threads to see what other posters have said. Stick a pin in the threads and you will find half of them are court cases.

Visit the site if you can and get photos of the area and signage. Have a look at Google Streetview to see if there are any historic images that may be of use.

Tried to make some calls to find out who the landowner is and it turns out the islamic centre seem to have passed on the rights of the car park to a parking company called creative car parks so its a really weird one as I thought the islamic centre would have the power to cancel it but he told me to call the creative car parks in the morning so I'll just take it from there I suppose. Been a massive help cheers!

Trainerman

Waqy1 said:

Fruitcake said:

It is never too late to get a landowner cancellation.

In future, never, ever 'phone an unregulated private parking company, or any of their agents.

Para 2 of the template is easy. You admit to being the keeper but liability is denied. If you don't know who was driving, you say so. If you know it wasn't you, you say so.

Para 3 should explain the type of car park (residential, pay and display, part of a retail park etcetera, and what happened, or in the alternative, the keeper cannot be expected to recall what happened on an unremarkable day X years ago. 
Have a look at other threads to see what other posters have said. Stick a pin in the threads and you will find half of them are court cases.

Visit the site if you can and get photos of the area and signage. Have a look at Google Streetview to see if there are any historic images that may be of use.

Tried to make some calls to find out who the landowner is and it turns out the islamic centre seem to have passed on the rights of the car park to a parking company called creative car parks so its a really weird one as I thought the islamic centre would have the power to cancel it but he told me to call the creative car parks in the morning so I'll just take it from there I suppose. Been a massive help cheers!

I would be very surprised indeed if they had handed it over lock stock and barrel, without any say themselves. I have not seen many landowner contracts, but those that I have all contain the right of the landowner to cancel tickets. Methinks that the Centre has more power than you have been told

KeithP

With a Claim Issue Date of 25th March, and having filed an Acknowledgment of Service in a timely manner, you have until 4pm on Wednesday 27th April 2022 to file your Defence.

That's almost 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 at the second post in the NEWBIES thread.

Don't miss the deadline 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'.