Premier Park

[Deleted User]

[Deleted User] said:

KeithP said:

[Deleted User] said:

KeithP said:

Have you now managed to file an Acknowledgment of Service?
You have until this coming Monday to do that.
Failure to file an Acknowledgment of Service before next Tuesday will mean that your Defence comes due at that time and failing to file a Defence in time will allow the Claimant to seek a Default Judgment against you.

I still haven't managed to log on to MCOL and their on hold times are sooo long! Trying for the second time now, 15 minutes and waiting...
It just says either the claim number or password is incorrect no matter how many times i've tried. There doesnt have a section on how to file an AOS if you cannot log on to MCOL and Google doesnt help with this information either!

Can you not file an Acknowledgment of Service by emailing the form back to the CNBC?

As I said, if you don't file an Acknowledgment of Service in time, then your Defence becomes due at 4pm on Monday 6th November.

Your choice, but you have to do something - either file an Acknowledgment of Service or file a Defence - within the next few days.

Yes I can do this, finally waited 40 mins and MCOL helpline said they couldn't reset password to use the online system so now have the paper copy to complete which I will fill out and send today.

1. Who is CNBC?
2. The pack doesn't include an email to send back to, do I not take a copy and send registered post? If not, do you know the email address? The newbies section doesn't include it that I have seen and neither does the court paperwork.

Thank you

oh sorry! Civil National Business Centre!!

[Deleted User]

I have now sent the email in for the completed N9A form to CNBC. Now my defence begins......

I looked at the car park yesterday and the entrance sign is pitiful in size, and not obvious to a car driver due to its height. The car park is also huge and i'm almost certain there is only one sign up. Are there legalities on the amount of signage for the size of car park, also height, visibility etc?

The land costs £1 per hour in parking, with 90 minutes initially free to use, therefore £70 charge would be disproportionate and also haven't the fees been capped at £50 last year??

The notice says from 9:26 - 12:20...so 10 minutes grace, 90 minutes of free parking, 1hr 20 mins of 'lost' parking which would cost £1.50 being charged at £70 fine increasing to £100 and now £271.41.....seems reasonable

******

KeithP

[Deleted User] said:

KeithP said:

[Deleted User] said:

KeithP said:

Have you now managed to file an Acknowledgment of Service?
You have until this coming Monday to do that.
Failure to file an Acknowledgment of Service before next Tuesday will mean that your Defence comes due at that time and failing to file a Defence in time will allow the Claimant to seek a Default Judgment against you.

I still haven't managed to log on to MCOL and their on hold times are sooo long! Trying for the second time now, 15 minutes and waiting...
It just says either the claim number or password is incorrect no matter how many times i've tried. There doesnt have a section on how to file an AOS if you cannot log on to MCOL and Google doesnt help with this information either!

Can you not file an Acknowledgment of Service by emailing the form back to the CNBC?

As I said, if you don't file an Acknowledgment of Service in time, then your Defence becomes due at 4pm on Monday 6th November.

Your choice, but you have to do something - either file an Acknowledgment of Service or file a Defence - within the next few days.

Yes I can do this, finally waited 40 mins and MCOL helpline said they couldn't reset password to use the online system so now have the paper copy to complete which I will fill out and send today.

1. Who is CNBC?
2. The pack doesn't include an email to send back to, do I not take a copy and send registered post? If not, do you know the email address? The newbies section doesn't include it that I have seen and neither does the court paperwork.

Thank you

1. CNBC = Civil National Business Centre, i.e. the organisation that sent you the Claim Form. Look at your Claim Form - top right.

2. Should become clear when reading the checklist in the opening post of the template Defence thread. It also explains never to use 'registered post'.

Coupon-mad

[Deleted User] said:

I have now sent the email in for the completed N9A form to CNBC. Now my defence begins......

I looked at the car park yesterday and the entrance sign is pitiful in size, and not obvious to a car driver due to its height.

The land costs £1 per hour in parking, with 90 minutes initially free to use, therefore £70 charge would be disproportionate and also haven't the fees been capped at £50 last year?

Just use & adapt the Template Defence, as everyone does.

It's not a fine.

It's not a 'fee'.

The Template Defence already explains what the current state of play is re the DHLUHC's proposed Code of Practice that was temporarily blocked by the 'outrageous scam' players in this disgusting industry.

[Deleted User]

Coupon-mad said:

[Deleted User] said:

I have now sent the email in for the completed N9A form to CNBC. Now my defence begins......

I looked at the car park yesterday and the entrance sign is pitiful in size, and not obvious to a car driver due to its height.

The land costs £1 per hour in parking, with 90 minutes initially free to use, therefore £70 charge would be disproportionate and also haven't the fees been capped at £50 last year?

Just use & adapt the Template Defence, as everyone does.

It's not a fine.

It's not a 'fee'.

The Template Defence already explains what the current state of play is re the DHLUHC's proposed Code of Practice that was temporarily blocked by the 'outrageous scam' players in this disgusting industry.

Defence has been filed, and acknowledged

Coupon-mad

Good. The first 12 steps are there too.

We assume you included the Chan transcript as the Template Defence tells you to.

[Deleted User]

So I have received my notice of proposed allocation to the small claims track - Happy New Year ha!
Date 19th Dec - no defence enclosed

troublemaker22

They don't enclose a copy of your own defence when writing to you because they know you've already got it - you sent it to them in the first place 

Coupon-mad

[Deleted User] said:

So I have received my notice of proposed allocation to the small claims track - Happy New Year ha!
Date 19th Dec - no defence enclosed

Of course not.  This is just a copy of what got sent to the Claimant (with a copy of your defence).  Your version has that crossed out.

Please re-read the first 12 steps in the Template Defence thread 1st post.  It's all there.

[Deleted User]

Hi there - update - so I have a court date and was asked to submit my witness statement by 1st May - next I get a letter from Gladstones that they aren't going to be attending court and have submitted their case in their absence! I assume then that the case will definitely end in attending court and won't be struck out last minute?

In considering my witness statement and evidence, can I ask if the following points would be considered valid in court?

Gladstones have already written in their case -
'the claimant would like the court to note that the Defendant is using, for the most part, a generic Defence which can be found on the internet. It is highly doubtful that the Defendant would understand the complexities of all the references to the Civil Procedure Rules, the requirements in the Act and in established case law, which is often the case when a Defendant is questioned about such references at Court.'

1. I was given an informal permit from the landowners which allowed me to use the car park all week for free, but I havent mentioned this yet in the parking firms appeal, will the judge disprove that I havent mentioned this so far? It wasnt yet in place when I parked, but was confirmed a short while later...so maybe it can't be used as evidence anyway but was hoping I could suggest that there is an informal agreement that I can use the car park and the landowners name given that I speak to? You might then ask why I didn't complain to them first....didn't want to put pressure on an informal agreement at the time (it is now official)

2. I have evidence of a previous time of parking in the same car park where I got fined from the parking firm when I could actually prove my ticket in place, I appealed and they rejected it!! I went to the MP instead. He contacted them and got it cancelled. My argument being that they falsely issue tickets to honest people who when the appeal is rejected, will just pay the parking fine. I can also gain other witness statements of people in the same car park being falsely accused, can I use this as evidence?

3. The picture evidence they have supplied is from 2019 as evidence of the car park, is this ok? There is only one tiny sign on arrival and I think this is too high to see when driving (I will get evidence, measurements of this etc), are there any specifics around how visible/ low the sign has to be on arrival and exit? The side of the car park that I parked on has no signs and they haven't provided picture evidence of that, only of tiny barely legible signs on the other side of the car park. I think it would be easy to argue they weren't in reasonable view to me as I parked.

4. My original reply to the ticket was that I wanted more evidence of the PDT machine, evidence of the signs and an explanation of the allegation. Will the judge be unimpressed that I haven't given more information and help to resolve the case earlier on? I know from previous experience that in court procedures, it is frowned upon to have not endeavoured to settle issues outside of court? My argument would be that they are unreasonable and working on the fringes of law, and any attempts to defend my case with them would be wasted?

Any support would be much appreciated, my court date is 1st July.

Many thanks