Slightly unusual - Anglia Trains - PCN - County Court

chap_in_leeds

Hello

May I ask for some advice about this slightly silly situation.

I accept that I probably did park in a car park associated with a railway station. I also am fairly confident that I tried to pay, as usual, once I was on the train via the app. But the company/app/system had changed and the app I had didn't recognise the carpark. I tried to search and call but got no where and the help pages on the app were hopeless. I am fairly sure that I did email/message the company but I have no record and the app does not keep track.

I have then apparently been sent some letters/reminders and now have a Claim Form from the County Court Business Centre. 

I am happy appealing on the grounds outlined above and if I did park there, and they can demonstrate I did (I sometimes park elsewhere if there are no spaces) I am happy to pay the usual charge. 

What are the forum's thoughts about how to proceed?

Thank you

DLC 

KeithP

Which railway station?
Can you show us on a map which car park you used?

Which parking company?
Who is the Claimant?

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

chap_in_leeds

Hello

Thanks. This is where it gets even more tricky. I have messed up with the times/deadlines due to being completely overwhelmed with work. 

Issue date: 20th Dec 2022
AoS: 13/01/202

So, I was late with the AoS and will be late with the defence submission.

It is Cambridge and the carpark is at this location: https://goo.gl/maps/DTkfFKycT1Wce2rk6

The claimant is National Car Parks Ltd.

The parking app is PayByPhone and the company who administer it are gaparking.co.uk - presumably Greater Anglia. 

Thank you for all of your thoughts. 

DLC

Umkomaas

Issue date: 20th Dec 2022
AoS: 13/01/202

And you still haven't submitted your defence yet?  It's day 59 after the date of issue - you only get 33 days. I'd be most surprised if there isn't already a judgment in default against you and a CCJ about to cripple your credit rating. 

Urgently check what it says on your MCOL history and tell us what it says. If NCP haven't already filed for judgment, you might just beat them before they file with a very hurried defence, submitted before 4pm this afternoon. Check that history file now!

chap_in_leeds

This is all it says in transaction history:

A claim was issued against you on 20/12/2022

Your acknowledgment of service was submitted on 13/01/2023 at 07:20:26

Your acknowledgment of service was received on 13/01/2023 at 08:05:41

Umkomaas

chap_in_leeds said:

This is all it says in transaction history:

A claim was issued against you on 20/12/2022

Your acknowledgment of service was submitted on 13/01/2023 at 07:20:26

Your acknowledgment of service was received on 13/01/2023 at 08:05:41

OK, the race is on. Your defence (95%) is already done for you in the Template Defence Announcement. Just complete your part in paras 2 and 3, then copy and paste the rest of the template. Have a look at some recent defences to see what others have put in those opening paras. 

https://forums.moneysavingexpert.com/discussion/6108153/template-defence-to-adapt-for-all-parking-cases-where-they-add-false-admin-costs-edited-march-2022/p1

But, I can't stress enough how urgent this is now. Let us see your draft of the opening paras (we don't need to see the rest of the template), but there isn't any time to dot i's or cross t's and definitely no time to gild the lily. 

If you don't get any comments on your draft, get off your pdf file via email (not the MCOL online defence portal) as it stands before 4pm this afternoon. You then keep your opportunities open. 

Grizebeck

Simple
Get a defence logged today,  no iffs no butts
forget any of the stuff you have put 
use the defence template
Defend this on no keeper liability.  The parking firm is not using POFA for these notices.  Also i believe most of Anglia stations are byelaw covered
What you state will not win your case and your not appealing
So no keeper liability is the key to this, dont faff around just research and get it done today

chap_in_leeds

Thank you.

Which angle: I tried to pay and couldn't because of the app and am happy to pay the usual costs OR the standard MSE defence?

Grizebeck

chap_in_leeds said:

Thank you.

Which angle: I tried to pay and couldn't because of the app and am happy to pay the usual costs OR the standard MSE defence?

No keeper liability is the way to go on this.

chap_in_leeds

How do I coherently do this given that it was a railway train station carpark and I was on the train and left the car there for the day?

Grizebeck

chap_in_leeds said:

How do I coherently do this given that it was a railway train station carpark and I was on the train and left the car there for the day?

That's all irrelevant
they are pursuing the keeper.  Yet there is no keeper liability in this case and that is your defence.
BW Legal (i assume its NCP) will withdraw before the hearing on this one. 
Trust me!