PCN 2min satnav stop Spinningfields- County Court Demand due 26 January at 2:47PM in Parking tickets, fines & parking 11 replies 172 views

loganby

I ignored the ES parking letters on the basis of not admitting to being the driver. Is it possible to deny driving and not reveal who was driving? Does that hold water?

Thought they would give up. Then I got a nasty surprise when I got back from holiday. I have until January 30 to do something about this. I understand I can acknowledge it and get an extra 28 days, but would that be admitting to being the driver?

Live 2hrs from the street but it’s the same one as others have fallen victim to.
many iron clad approaches please? As a CCJ beckons if I do nothing

KeithP

What is the Issue Date on your County Court Claim Form?

Acknowledging a Claim does not give away the driver's identity, nor does it give you 'an extra 28 days'.

B789

You MUST acknowledge service of the claim otherwise you will almost certainly get a default judgment against you. AoS, however, does not provide any evidence against you. All that will be covered later.

You MUST read, re-read AND understand all the steps as advised in the Newbies sticky thread near the top of the forum. Based on your question, it does not appear that you have done this yet.

loganby

Jan11th with 14 days plus 5 days as I understand it

Umkomaas

Is it possible to deny driving and not reveal who was driving? Does that hold water?

As much water as a sieve if you were the driver, but especially so if the parking firm met the requirements of the Protection of Freedoms Act 2012 (Schedule 4) to hold the vehicle's keeper liable. 

KeithP

loganby said:

Jan11th with 14 days plus 5 days as I understand it

With a Claim Issue Date of 11th January, you have until Monday 30th January 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 Monday 13th February 2023 to file your Defence.

That's over two 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'.

Coupon-mad

I've already advised you on the other thread not to lie about who was driving -  that it is a losing defence if you try it.  Never lie to the court.  Sounds like you've been listening to clueless people on social media?  Forget that 'advice'.

However, you could defend without saying who was driving, by copying and adapting a 2021 or 2022  Highview Defence (search the forum) because ES Parking do not use the POFA, so it is similar.

loganby

KeithP said:

loganby said:

Jan11th with 14 days plus 5 days as I understand it

With a Claim Issue Date of 11th January, you have until Monday 30th January 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 Monday 13th February 2023 to file your Defence.

That's over two 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'.

Looking at the 2nd post, will do AOS today or tmr

loganby

ABout to send Defence as per template. Does this read ok please?

3. For the Defendant it was a rare visit to Manchester, on 09/07/2022. The Defendant is unfamiliar with Manchester. After a journey of over 3 hours, the Defendant felt it was necessary to reprogram the satellite navigation system to locate the destination, being the nearby Ainscow Hotel in Manchester. In order to do this the Defendant considered it safer to briefly turn into a quieter side street off Bridge Street at around 6pm. The street the Defendant believed to be called Water Street. In the eyes of the Defendant it appeared to be a regular public street, double yellow lines were observed. As the Defendant was not parking or leaving the vehicle (only stopping for 1-2mins), the Defendant considered it a good choice of street. The Defendant noticed signs near a pedestrianised zone, but they were not readable without actually leaving the vehicle. After less than 2 mins in the street, the Defendant left the street and resumed the journey.

Coupon-mad

I think I'd add:

...without any parking contract being known about, let alone 'agreed'.  This is predatory ticketing with no grace period nor clear signage, and the Defendant's research has exposed that Spinningfields is a notorious entrapment zone, where many court claim judgments have been found against this claimant.

loganby

Defence lodged on Feb 6th

Received a DQ from Gladstones  Feb 15th (only notable things was that they ticked the D1 question about settling pout of court). I undertand I should tick NO for this

Do I need to dload the DQ form myself or wait to be sent the form? If the latter how long do I wait please?