Bankpark Machine Faulty - PCN Issued

B789

Has this OP even read the Newbies/FAQ thread? Reading back through this thread, it does not appear to be the case.

smk626

I'm sure there's information I still need to explore, but it's a lot to digest when I last read through newbies thread. It seemed to branch out to information rather than going in sequence. Last time I read the Supreme Court's judgement in Beaver v/s Parking Eye it seemed to be a fair comparison between rights and duties of both parties. But when you look at what these people do in private parking business they look like making a mockery of justice.
I'm from the simple minded people who think courts will see through lies and dishonesty.
Going to read into threads anew.

Le_Kirk

The point about the NEWBIE sticky is that it is split into five separate sections, so you do not need to read it all, you pick up where you are: -
Initial PCN and appeal stage - First Post
POPLA appeal - Third Post
Letter before Claim/court stage - Second Post
Debt Collectors - Fourth Post
Acronyms - Fifth Post

smk626

OK, so finally received the CLAIM FORM from Claimant, still within 14 days period.
It's come full 16 months after the actual PCN being issued. What an abuse of process!

I've done the AOS with disputing the full charge. Thanks for the first post on newbies thread about AOS. My problem without that first post was not knowing that doing something will put me on wrong side of the defense automatically. Very clear instructions indeed.

I'm thinking to put my defense as second post on newbies thread.
1) I have one argument to make in para 2:
"their parking machine was faulty for brief or long period of time during that hour when I parked my car and tried to get a free session of 30 minutes."

2) I want to formally/legally ask their solicitor to provide their machine's faulty records in 2022/23 when parking permission cannot be printed. What stage should I do that?

3) I also have photos and videos of this machine being faulty on many occasions in past two years. I want to put unreliable machine as one of the reasons why CCTV pictures alone are not sufficient evidence.
Is that a sound argument?

4) All other points of defense in second post make sense, and I'll edit those into my defense letter.

5) I want to counter claim a fairly high amount in damages due to taking leave from work, and time taken to gather evidence etc. Is that OK?

6) What stage should I file counter claim?

7) There was a point about Chan v/s <some company> on the forum that I should put as a recent decision. Can someone please point me to that judgement so I can add this para?

Many thanks

KeithP

smk626 said:

OK, so finally received the CLAIM FORM from Claimant, still within 14 days period.
It's come full 16 months after the actual PCN being issued. What an abuse of process!

I've done the AOS with disputing the full charge.

What is the Issue Date on your Claim Form?

Upon what date did you file an Acknowledgment of Service?
Your MCOL Claim History will have the definitive answer to that.

And by the way, there is no letter 's' in the word Defence.   
I guess you are using an American spell checker.

smk626

 I didn't spell check it.  
issue date for claim form was 8th Dec.
AoS was 18th. 

KeithP

smk626 said:

issue date for claim form was 8th Dec.
AoS was 18th. 

With a Claim Issue Date of 8th December, and having filed an Acknowledgment of Service in a timely manner, you have until 4pm on Wednesday 10th January 2024 to file your Defence.

That's over 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 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'.

smk626

Would you say filing the defence sooner is NOT advisable?
I want to file it early as possible.

Coupon-mad

No, you can do the defence sooner, if ready.

It's come full 16 months after the actual PCN being issued. What an abuse of process!

It's not. That's about right for a PCN.

Show us a redacted pic of the claim form minus refs, password, QR code & your data.

smk626

This took a while to upload.
Thanks for replying so late. I have been reading Excel v Wilkinson from 2020. Don't know if that is applicable here or not, 2nd post in newbies thread makes similar references as Wilkinson case.