PCM Claim Form time to write a defence

Johnson2015 · 13 November 2024 at 10:19PM

Gr1pr said:

On a side note, paperwork and photos etc. ( Data. ) Should be backed up onto external hard disc drives, usb memory sticks. ( Thumb drives. ) and possibly host sites on the internet, like Dropbox or Google drive for example , regularly

Plus the actual paperwork should be kept for several years , not binned, all important documents should be kept for say 7 years, or longer ir even forever with insurance policies, birth certificates etc

As for emails, the email provider will have copies of them, the computer is a means to access them, so they should be there online

My Hotmail and Gmail go back a decade or two

I doubt that everything is lost, there will be records somewhere, even a SAR to the DPO at the parking company and to the legal company should produce copies of the paperwork, possibly the court where the case was won too

Columbo would ferret around and dig out the evidence, so be like him, research, check, don't assume that the loss of a PC has lost everything ( it definitely hasn't here, so I do not believe that its all lost , I have decades of experience in I T and know it cannot be. )

The first case we had with the parking company was approached terribly. We did not submit any evidence in advance, we only got the summons and found out how to reply just before the deadline. This was amateur hour at its best. The judge felt sorry for my other half at the time and took pity on him and allowed him to only use two pieces of evidence, and luckily the 2 pieces he chose to bring into the court room were the pieces of evidence to secure us a win. I will do some digging around on our email systems.

Johnson2015 · 18 November 2024 at 1:24PM

So the landowner is making enquiries on my behalf.

Also is it worth sending the below to them as per the advice on the newbies forum?

Dear Sir/Madam,

Your Ref. xxxxxxxx and xxxxxxxx

Proposed Legal Proceedings Claimant: xxx ltd

I refer to your your letter of claim I confirm that my address for service for the time being - assuming you don't faff about and delay any claim - is as follows; xxxxxxxxx.

Any older address must be erased from your records.

The alleged debt is disputed and any court proceedings will be vigorously defended.

I am sourcing and seeking independent debt advice and as such, I formally request that this matter be put on hold for an additional 30 days, in accordance with the Pre-Action Protocol for Debt Claims 2017 ('the PAP').

I note that the amount being claimed has increased by a hugely exaggerated amount which the Government called "extorting money from motorists".

Don't send me your usual blather about that thank you!

Reasons for not replying to the above parking tickets are as follows;

1. I sold the vehicle in question and it is no longer in my possession.

2. I moved address and have not had any correspondence regarding these alleged tickets.

I have two questions, and under the PAP I am entitled to specific answers:

1. Am I to understand that the additional monies owed represents what you lot dress up as a 'Debt Recovery' fee, and if so, is this net or inclusive of VAT? If the latter, would you kindly explain why I am being asked to pay the operator’s VAT?

2. With regard to the principal alleged PCN sum: Is this damages, or will it be pleaded as consideration for parking?

Finally, if you still wish to pursue the above alleged parking offences then I will have to use the cause of action estopell as I have been to court previously to defend the same location, same vehicle with the claimant XXXXX ltd and won. I am sure if XXXXX ltd did they're due diligence they would not have requested an LBC if they knew that it had already been through the courts and lost spectacularly.

Yours faithfully,

xxxxxxxxxx