Defending a Private PCN in County Court

bohomark

Okay, last update, before submission:

2. It is admitted that the Defendant was the registered keeper and driver of the vehicle. The Defendant denies that the vehicle was parked at XXXXX at all.

3. On the date the PCN was issued, the Defendant was attending a Close Protection licensing course, organised and run by XXXXX (ADDRESS). The course ran from December Xth until December Xth, 2020. On the day in question, the Defendant had permission to park in the carpark and had been allocated a parking permit. He parked in one of the bays allocated to XXXXX, along with several rented vehicles, hired by XXXXX for the use of the students on the course. The Defendant displayed the parking permit and left the vehicle. On returning to the vehicle, The Defendant found a PCN on the windscreen. The above is attested to by Mr. XXXXX who was (POSITION HELD) at XXXXX, who was both in charge of the course and in attendance, at XXXXX, on the date the PCN was issued. Mr. XXXXX is happy to provide a Witness Statement, confirming all the above.

4. Although, the Defendant had some recollection of a sign on the wall at the entrance to the rear carpark, it was not facing the inbound traffic, rather it was parallel to the traffic, and therefore impossible to read while driving past, in a speedy convoy of six vehicles, as per the requirements of a close protection motorcade. It was only after receiving the PCN that attention was drawn to the sign at the carpark entrance. The Defendant does not recall any signs on the wall in or near the parking bay in which the vehicle was parked.

5. After explaining the situation to representatives of the Claimant, several times, both on the phone and via the appeals page of the Claimant’s website, and since the Claimant will not listen to reason, rather continues to harass and threaten the Defendant, the Defendant has come to the conclusion that there is no alternative but to submit to a Court hearing.

bohomark

I appear to have hit something of an obstacle. The MCOL website, only allows 122 lines for the defence. That is less than half of the five pages I have, courtesy of Johny. Is there another way of submitting, if the website was used for the Acknowledgement of Service. The website specifically says, do not post your defence in, if you are using this website, and I'm currently working in Paris, so post wouldn't be an option, anyway.

@KeithP Can I still send the defence by email, even if I started on the MCOL website. If so, should I put an explanation of my actions in the Defence box, on the website?

KeithP

bohomark said:

I appear to have hit something of an obstacle. The MCOL website, only allows 122 lines for the defence.

Doesn't the opening post of the template Defence thread help with that?

With a Claim Issue Date of 7th June, and having filed an Acknowledgment of Service in a timely manner, you have until 4pm on Monday 10th July 2023 to file your Defence.

To create a Defence, and then file a Defence by email, look at the second post in the NEWBIES thread.

Don't miss the deadline 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'.

bohomark

KeithP said:

bohomark said:

I appear to have hit something of an obstacle. The MCOL website, only allows 122 lines for the defence.

Doesn't the opening post of the template Defence thread help with that?

With a Claim Issue Date of 7th June, and having filed an Acknowledgment of Service in a timely manner, you have until 4pm on Monday 10th July 2023 to file your Defence.

To create a Defence, and then file a Defence by email, look at the second post in the NEWBIES thread.

Don't miss the deadline 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'.

I just read that on one of your other posts. Apologies for asking before reading further. I've read so much over the last week some of it is a bit of a blur.

I can't seem to find the actual email address though. Sorry to be a pain. I also closed the template Defence thread, and can't find that now! 

KeithP

bohomark said:

KeithP said:

bohomark said:

I appear to have hit something of an obstacle. The MCOL website, only allows 122 lines for the defence.

Doesn't the opening post of the template Defence thread help with that?

With a Claim Issue Date of 7th June, and having filed an Acknowledgment of Service in a timely manner, you have until 4pm on Monday 10th July 2023 to file your Defence.

To create a Defence, and then file a Defence by email, look at the second post in the NEWBIES thread.

Don't miss the deadline 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'.

I can't seem to find the actual email address though. Sorry to be a pain. I also closed the template Defence thread, and can't find that now! 

Well I did say in my post a few minutes ago...

To create a Defence, and then file a Defence by email, look at the second post in the NEWBIES thread.

The second post of the NEWBIES thread has a direct pointer to the template Defence thread.

The Template Defence thread can also be easily found because it is one of half a dozen or so threads permanently stuck at the head of the parking board.

bohomark

KeithP said:

bohomark said:

KeithP said:

bohomark said:

I appear to have hit something of an obstacle. The MCOL website, only allows 122 lines for the defence.

Doesn't the opening post of the template Defence thread help with that?

With a Claim Issue Date of 7th June, and having filed an Acknowledgment of Service in a timely manner, you have until 4pm on Monday 10th July 2023 to file your Defence.

To create a Defence, and then file a Defence by email, look at the second post in the NEWBIES thread.

Don't miss the deadline 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'.

I can't seem to find the actual email address though. Sorry to be a pain. I also closed the template Defence thread, and can't find that now! 

Well I did say in my post a few minutes ago...

To create a Defence, and then file a Defence by email, look at the second post in the NEWBIES thread.

The second post of the NEWBIES thread has a direct pointer to the template Defence thread.

The Template Defence thread can also be easily found because it is one of half a dozen or so threads permanently stuck at the head of the parking board.

Yes, I have read the second post in the NEWBIES thread, quite a few times. I have followed all the instructions, to the letter. I have also used the template defence and am ready to file. After reading the appropriate part of the second post in the NEWBIES thread, I was unable to find the email address.

Just found it on the Template Defence thread. Thanks

KeithP

bohomark said:
After reading the appropriate part of the second post in the NEWBIES thread, I am still unable to find an email address. However I will keep looking. Thanks

That's probably because the email address you are looking for isn't in that post.
I actually wrote...

The second post of the NEWBIES thread has a direct pointer to the template Defence thread.

It is the Template Defence thread that has the email address you need.

bohomark

KeithP said:

bohomark said:
After reading the appropriate part of the second post in the NEWBIES thread, I am still unable to find an email address. However I will keep looking. Thanks

That's probably because the email address you are looking for isn't in that post.
I actually wrote...

The second post of the NEWBIES thread has a direct pointer to the template Defence thread.

It is the Template Defence thread that has the email address you need.

Yes, I understood that and found it with your direction. Thanks, again.

bohomark

Defence submitted. Thanks to everyone, in particular @Coupon-mad and @KeithP. I'll keep you posted on progress.

Coupon-mad

Coupon-mad said:

The DLUHC's announcement about the new Code of Practice is due later this month "before Summer Recess" so it's imminent.

Don't forget or miss this (above), though!

Read this as if I wrote it for you:
https://forums.moneysavingexpert.com/discussion/comment/80160565#Comment_80160565

See you at the end of the month, when the Government's final private parking Code Consultation will be open, we understand.

We need EVERYONE to push the new law over the line.