PCN Westway Cross Shopping Park

RT73

Good afternoon,

I'm looking for some advice please.

I received a PCN for £100 on 30/11/2016 for parking my wife's car in Westway Cross Shopping Park for over 4 hours, the fact was I actually parked in a car park called Paradise Fields which is a free public car park but uses the same entrance as the Westway Cross car park. I made the mistake of acknowledging this by appealing to POPLA which I was unsuccessful doing.

My wife then started to receive Debt collection letters even though I admitted being the driver. 11 in total which I ignored, my obvious mistake was ignoring the last DCB legal letter! .

On Friday we received a Claim Form from County Court Business Centre. The amount claimed is £252.88 plus £35 court fee, £50 Legal representative's costs. Total amount £337.88.

I have options to respond via www.moneyclaim.gov.uk but need advice what to do!

Coupon-mad

Sooo sad!  Ignoring the LBC caused this claim which would have died, due to pushing back and getting it  past the deadline of 6 years, had you come here sooner. So close but effectively the Defendant has let this happen by not replying with one email.

You both could have entirely 'timed out' this claim forever by the keeper responding to the LBC.  She could have named and given an address for the driver and she'd have been out if the equation AND they'd have run out of time to pursue you.

Now she is the Defendant and must defend an avoidable court claim.  It is also now too late to transfer to you.  This isn't your case.  If your wife is the named Defendant them it is hers.

But she'll win.

What do you need to know that's not already in the second post of the NEWBIES thread, all about defending a court claim?

What's the issue date, top right on the Claim form?

RT73

Thanks for the information,

I'm literally kicking myself for ignoring the last letter but to be honest I didn't think it was any different than the others received prior, you live and learn I suppose!

I must admit we are both worried now and any help will be gratefully received.

The issue date on the claim form is 1st September 2022.

KeithP

RT73 said:

The issue date on the claim form is 1st September 2022.

With a Claim Issue Date of 1st September, you have until Tuesday 20th September to file an Acknowledgment of Service but there is nothing to be gained by delaying it. 

To file an Acknowledgment of Service, follow the guidance in the Dropbox file linked from the second post in the NEWBIES thread.

Having filed an Acknowledgment of Service in a timely manner, you have until 4pm on Tuesday 4th October 2022 to file your Defence.

That's three 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'.

Half_way

If this is the same as the thread on pepipoo:

 Do you have a smartphone ?

 if so do you have google maps - take a look at your location history

RT73

Hi yes same thread, just trying to get other options.

Yes I do and just went back and Google maps has me in Paradise Fields not the Shopping Park!!

Half_way

Have you contacted the shopping / retail park?

have you told them what has happened and reminded them that they are liable for the actions of their agents ( the parking company) and that your vehicle was not on site ( the retail park) and as such their agents data is inaccurate, putting both the retail park owners and the PPC in breach of GDPR/Data protection ( data accuracy)

RT73

I tried initially when I first received ticket but was just told Highway were in charge of the parking situation and any issues. 

Would it be worth emailing them now or is it too late regarding the Court Claim?

RT73

KeithP said:

RT73 said:

The issue date on the claim form is 1st September 2022.

With a Claim Issue Date of 1st September, you have until Tuesday 20th September to file an Acknowledgment of Service but there is nothing to be gained by delaying it. 

To file an Acknowledgment of Service, follow the guidance in the Dropbox file linked from the second post in the NEWBIES thread.

Having filed an Acknowledgment of Service in a timely manner, you have until 4pm on Tuesday 4th October 2022 to file your Defence.

That's three 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 very much submitted the AOS today, will start to prepare our defence in next few days.

RT73

I'm now building a defence but I need a bit of help with the wording on point 2, I have written.

2. It is admitted that the Defendant was the registered keeper, but denies being the driver of the vehicle, also the liability is denied.

Is this ok?

Also do I have to complete point 3? As the defendent (my wife) was not driving the vehicle it was myself.

If I do complete point 3, should I use 'the driver' instead of 'the defendent'?

Coupon-mad

No. The statement is your wife's only.

Her defence, her words, her facts (not yours) and yes she MUST add something in para 3, about how she knows it wasn't her driving and perhaps a bit about what the driver told her caused the issue.  And that she did waste time trying a (non-independent, BPA trade body funded) POPLA appeal years ago, so the Claimant is already aware that she was not driving and the car wasn't even in the named car park. The driver actually parked in a car park called Paradise Fields which is a free public car park but uses the same entrance as the Westway Cross car park. 

Then of course she must add as para 4, the obvious 100% winning point: HIGHVIEW DON'T USE THE POFA.  They cannot hold a registered keeper liable if they were not driving!

How on earth was the POPLA appeal lost?!  POPLA can't have looked at it properly.