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Parking Charge Notice help - CCJ issued

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Comments

  • Yes got a costs order 
    Using the template, I've edited paragraphs 2 and 3 to say the following:

    2. The facts in this defence come from the Defendant's own knowledge and honest belief.  Conversely, the Claimant sets out a cut-and-paste incoherent and sparse statement of case. The POC is devoid of any detail and even lacks specific breach allegation(s), making it very difficult to respond. However, it is admitted that the Defendant was the registered keeper and driver of the vehicle.

    3. The defendant did not consider that the car park would be a paid one, as most parking in Newcastle City Centre is free after 8pm, or that there would be enforcements in place at the time of alleged allegations considering they took place at approximately 8:30pm. No barriers or gates to enter and exit the car park and unlit signs in the dark further reinforce the assumptions the defendant would have made at the time. Letters sent to the defendant were sent to an incorrect address, without the claimant conducting a soft search in order to determine the correct address of the defendant. 



    Do i also put the evidence in the email (bank statements to determine address as was in the witness statement, and pictures of the sign showing it was unlit in the dark) or can I not add any more evidence after the hearing 

    Thanks
  • B789
    B789 Posts: 3,441 Forumite
    Fifth Anniversary 1,000 Posts Name Dropper Photogenic
    Evidence does not go with the defence. Evidence goes with the WS.

    What exactly does your set aside order tell you to do? What dates and limits has it put on you?
  • Coupon-mad
    Coupon-mad Posts: 155,731 Forumite
    Part of the Furniture 10,000 Posts Name Dropper Photogenic
    edited 5 September 2023 at 3:44PM
    You will be filing and serving a WS bundle later (weeks before the next hearing so do not miss that deadline).

    NB - to prevent this ever happening again:

    I've no idea why a driver would think a private car park run by a 'scam PPC' is ever likely to be free in the evening.  Or why you even sought out a car park!  Why do people use car parks in towns at night? Use the street for any parking needs in the evenings.

    Don't talk about "assuming" it was free.
    Change:

    No barriers or gates to enter and exit the car park and unlit signs in the dark further reinforce the assumptions the defendant would have made at the time. 

    to

    No barriers or gates to enter and exit the car park and unlit signs in the dark further reinforce the reasonable and informed decision that the defendant would have made at the time. 


    PRIVATE 'PCN'? DON'T PAY BUT DON'T IGNORE IT (except N.Ireland).
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    Home»Motoring»Parking Tickets Fines & Parking - read the NEWBIES THREAD
  • Thank you.

    Got a letter from VCS stating they are taking over from ELMS Legal and now pursuing a 'reduced settlement' of £195 themselves, giving me account details to pay them within 14 days.

    Exact wording is:
    "Pursuant to the Civil Procedure Rules, insofar as litigants are expected to try and resolve their disputes wherever possible, we are willing to accept a reduced settlement charge of £195.00 payable within 14 days from the date of this letter. This offer is made on a "without prejudice" (save as to costs) basis.

    Should you fail to accept our offer of settlement then we will continue with our Claim for the full amount claimed and bring this letter to the Courts' attention upon the question of costs."

    Unsure on the exact meaning of "without prejudice", are they essentially saying the £195 charge is excluding legal costs at the moment, but if I am to ignore this letter and the court deems I am liable to pay them what they ask, I will then be paying for extra legal costs they incurred?
  • Coupon-mad
    Coupon-mad Posts: 155,731 Forumite
    Part of the Furniture 10,000 Posts Name Dropper Photogenic
    edited 7 September 2023 at 3:24PM
    Normal stuff for VCS cases. Ignore.

    Search the forum to find that reply discussed dozens of times!
    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 THREAD
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