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PCN from UK Parking Control Ltd. - Claim Form received
Comments
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In my view, instead of applying for a set aside, you need to be complaining robustly to the CCBC.
Start with a phone call - number on your Claim Form - and tell them you have documentary evidence of having done everything within the correct time limits.
Ask them for the email address of their complaints handler.
Ask them to put the matter, together with your evidence, in front of a procedural judge.
Meanwhile, sign in to MCOL and show us your Claim History.2 -
Send a formal complaint and a copy of the email and acknowledgement. Insist the case is put before a Judge and that this is an error by the CCBC so no fee can apply.
See this thread by @jag_run for inspiration, he got £150 compensation and this shows the Team to complain to:
https://forums.moneysavingexpert.com/discussion/6181115/ukcpm-free-parking-overstay-ccj-removed-compensation-update-june-2022/p6Another one here:
https://forums.moneysavingexpert.com/discussion/6425878/county-court-claim-for-a-free-car-park-parking-ticket-help-please/p2And here:
https://forums.moneysavingexpert.com/discussion/comment/79299493#Comment_79299493
And here:
https://forums.moneysavingexpert.com/discussion/6381802/gatwick-airport-drop-off-parking-defence/p4Disgusting, innit?PRIVATE 'PCN'? DON'T PAY BUT DON'T IGNORE IT (except N.Ireland).
CLICK at the top or bottom of any page where it says:
Home»Motoring»Parking Tickets Fines & Parking - read the NEWBIES THREAD2 -
I think you should be contacting the CCBC and complaining about them misplacing your defence rather than applying to the court for a set aside0
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Wilful ignorance of the Equality Act 2010 and Vento bands or just unaware?Not_A_Hope said:However, this is too big to fit in the 120 lines allowed in the Defence Particulars section when filing onlineIs that sufficient if the defence was started online?Do not put any of your defence into MCOL. Not even a full stop. Only send by email.
As far as the changes to para 3 of @Johny86 defence I would make the following points on what you have drafted above.The PCN charge claimed is in any case disproportionate to the Claimant's loss, which is zero as parking is free for two hours. The Defendant denies having agreed to pay the PCN charge as claimed by the Claimant.No point including either of these points. The disproportionate loss defence disappeared years ago and the PPC will claim you agreed to pay as a result of parking and the signs they have on site.She has Alzheimer’s disease and suffers from memory issues, with the consequence that she never responds to communications (official and unofficial) and is too scared to respond to any subsequent threatening letters from solicitors and debt collectors.Unfortunately being scared is not a defence point.0 -
I agree. MCOL will show if the defence was registered.KeithP said:In my view, instead of applying for a set aside, you need to be complaining robustly to the CCBC.
Start with a phone call - number on your Claim Form - and tell them you have documentary evidence of having done everything within the correct time limits.
Ask them for the email address of their complaints handler.
Ask them to put the matter, together with your evidence, in front of a procedural judge.
Meanwhile, sign in to MCOL and show us your Claim History.
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Wilful ignorance of the Equality Act 2010 and Vento bands or just unaware?Not sure how this helps the OP at this point. Yes the Disability Discrimination Act can be used as part of a defence in relation to the parking event but I stand by the fact that being scared of any subsequent letters as written in their draft isn’t a defence point.
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The DDA no longer exists. Replaced by the Equality Act in 2010.PRIVATE 'PCN'? DON'T PAY BUT DON'T IGNORE IT (except N.Ireland).
CLICK at the top or bottom of any page where it says:
Home»Motoring»Parking Tickets Fines & Parking - read the NEWBIES THREAD0 -
Tha claim history on MCOL does not indicate receipt of our response to the claim form on 20/03/2023
Claim HistoryYour acknowledgment of service was submitted on 27/02/2023 at 15:25:33
Your acknowledgment of service was received on 27/02/2023 at 16:05:11
A judgment was issued against you on 31/05/2023
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For clarification... @steve9989, whilst you told us and have evidence on your MCOL that you did the AoS, you were asked/advised to send your Defence as an email attachment on 20th March. However, you never mentioned or showed us your defence or at least any paragraphs that you added/changed.
Are you telling us, aside from doing the AoS, you sent an email to the CCBC with a pdf attachment of your Defence to them at the ccbcaq@ email address and you received an autoresponse?2
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