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ANOTHER COURT CLAIM!

2nd time in two years here guys. This latest one was back in 2017. I stayed at a hotel and parked on a car park which I believe was shared between them and other surrounding businesses. Staying at the hotel allowed me free parking, and to do so I had to display a standard ticket from the hotel, which I did! I have both the ticket still and the invoice for the night at the hotel!! Where to start? - SAR to see why they are still chasing me for this?!! As I see it they just don’t have a leg to stand on!
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Comments

  • KeithP
    KeithP Posts: 39,361 Forumite
    First Post Name Dropper Second Anniversary
    What is the Issue Date on your County Court Claim Form?

    Have you filed an Acknowledgment of Service?
    If so, upon what date did you do so?
    Your MCOL Claim History will have the definitive answer to that.
  • Umkomaas
    Umkomaas Posts: 41,957 Forumite
    Part of the Furniture Photogenic First Post Name Dropper
    edited 5 January 2023 at 10:11PM
    As I see it they just don’t have a leg to stand on!
    On what basis?

    PPC?

    Solicitors?

    What has the hotel said when you complained about the charge given that you were a genuine hotel guest?
    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
  • KeithP said:
    What is the Issue Date on your County Court Claim Form?

    Have you filed an Acknowledgment of Service?
    If so, upon what date did you do so?
    Your MCOL Claim History will have the definitive answer to that.
    Issue date is 3/1/2023. The acknowledgment of service is part of this pack that I received yesterday? This is the first court paper work I have received, before this it was debt collection letters from private companies. 
    The pack also contains areas to fill in my financial information. 
  • Umkomaas said:
    As I see it they just don’t have a leg to stand on!
    On what basis?

    PPC?

    Solicitors?

    What has the hotel said when you complained about the charge given that you were a genuine hotel guest?
    I’ve rang them and they’ve said they cannot help. UKPC is the issuer, should I contact them? I just don’t know what to do now, I had to pay £500 for another charge in 2020 as I was unable to attend the telephone court hearing. 
  • KeithP
    KeithP Posts: 39,361 Forumite
    First Post Name Dropper Second Anniversary
    KeithP said:
    What is the Issue Date on your County Court Claim Form?

    Have you filed an Acknowledgment of Service?
    If so, upon what date did you do so?
    Your MCOL Claim History will have the definitive answer to that.
    Issue date is 3/1/2023. 

    With a Claim Issue Date of 3rd January, you have until Monday 23rd January to file an Acknowledgment of Service. Do not file an Acknowledgment of Service before 7th January, but otherwise 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 Monday 6th February 2023 to file your Defence.
    That's over 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 again at the second post on the NEWBIES thread - immediately following where you found the Acknowledgment of Service guidance.
    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'.
  • Mouse007
    Mouse007 Posts: 1,062 Forumite
    1,000 Posts Name Dropper Photogenic Part of the Furniture
    edited 6 January 2023 at 1:56PM
    I just don’t know what to do now

    Click back one page
    Scroll up or down to the Newbies Thread - read it top to bottom
    Click back one page
    Scroll up or down to the Template Defence Thread - read it top to bottom

    Draft your paragraphs 2 and 3 + more if required, renumber

    Post 2 & 3 + only here for comment / help (do not paste the rest of the template defence, we know what that says)



    BBC WatchDog “if you are struggling with an unfair parking charge do get in touch”


    Please email your PCN story to watchdog@bbc.co.uk they want to hear about it.
    Please then tell us here that you have done so.

  • Mouse007 said:
    I just don’t know what to do now

    Click back one page
    Scroll up or down to the Newbies Thread - read it top to bottom
    Click back one page
    Scroll up or down to the Template Defence Thread - read it top to bottom

    Draft your paragraphs 2 and 3 + more if required, renumber

    Post 2 & 3 + only here for comment / help (do not paste the rest of the template defence, we know what that says)



    Thank you so much guys. In regards to what my defence should be - I was a genuine guest who was entitled to free parking (still have invoice for night at hotel) and also I still have the parking permit which the hotel issued so I could park for free. Would this be a sufficient defence? 

    Would a SAR help me to see what they come back with which shows I’m at fault? - I have requested this today. 

    Also I won’t submit my AOS until tomorrow. 
  • Coupon-mad
    Coupon-mad Posts: 137,682 Forumite
    First Anniversary First Post Photogenic Name Dropper
    edited 6 January 2023 at 4:58PM
    I was a genuine guest who was entitled to free parking (still have invoice for night at hotel) and also I still have the parking permit which the hotel issued so I could park for free. Would this be a sufficient defence? 
    It will slot nicely into paragraph 3 of the Template Defence, yes.  The permit & other evidence comes much later, as you will learn from the 2nd post of the NEWBIES thread section headed in red capitals: IMPORTANT: KNOW WHAT HAPPENS WHEN.
    PRIVATE 'PCN'? DON'T PAY BUT DON'T IGNORE IT (except N.Ireland).
    CLICK at the top of this/any page where it says:
    Home»Motoring»Parking Tickets Fines & Parking - read the NEWBIES THREAD
  • Umkomaas
    Umkomaas Posts: 41,957 Forumite
    Part of the Furniture Photogenic First Post Name Dropper
    Also I won’t submit my AOS until tomorrow. 
    As tomorrow is Saturday, hold off on that until Monday during business hours - roughly 9:00am to 4:30pm at the CCBC. We advise this because online communications with them tend to go missing/not be received over weekends and outside of business opening hours. You do not want your AOS to be missed, as your time to Defend will be very much truncated. Once you've submitted your AOS on Monday, you can check that it has been received by looking at your MCOL history. 
    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
  • Umkomaas
    Umkomaas Posts: 41,957 Forumite
    Part of the Furniture Photogenic First Post Name Dropper
    Hi I’ve followed the steps for acknowledgment of service. However my court paper work does not have a password on it (meant to be frost page bottom right) ? 
    Are you looking at the N1 claim form?  It should be here ...


    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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