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Letter Before Claim, Potentially Claim
THEMC123
Posts: 4 Newbie
Hello everyone,
I have tried very hard to not waste anyone time by posting a thread or asking unnecessary questions.
I have come to this forum for about 6 months now since I had to deal with a PCN that I appealed unsuccessfully.
Unfortunately, I have made a few mistakes such as during the appeal process.. I didn't use a tried and tested defence and declared who the driver was (as the appeal was without a forum help and I seriously expected to be successful).
Right, their case:
I parked in a spot that was PERMIT HOLDERS ONLY.
My case:
The park had a gate that clearly states NCP PARKING. There was no sign or line to break the two parking lots apart so I thought that I had parked in an NCP PARKING. The only permit only sign was at the very beginning of the division which I happened to miss. (Oriented in the wrong direction for an incoming driver).
I have only left the car and tried to pay for the NCP parking which had NO machines. I have tried to pay online by app to no avail. I have called the company to pay and that didn't sort the situation out. In any case, I was left to look for a parking ticketer person to help me pay. However, he tells me that I parked in a permit holder only spot. So I go back to the car to find a PCN attached (I personally haven't left the parking lot during the entire time (20 minutes?).
I then proceeded to remove my car and park in a different parking lot. I made sure that I paid and that I took a photo of that ticket to show that I simply parked in the Permit holder only spot by mistake. Furthermore, I was in the park the entire time so I know that no other car entered to try to park in my spot.
Anyways I appealed to UKPC based on poor signage and the fact i was still in the park (didn't actually "park"). Rejected. Appealed to Popla. Rejected.
I then was frustrated and found this forum so I held my ground and didn't pay. I recently (2 weeks ago) received a letter before claim for the incident (October 2022). I read your advice here and have sent an SAR and letter to their lawyers for a debt advice 30 days hold.
Both of which responded quite quickly (within 1 day). I am a little suspicious of how fast it was processed. In any case.. it leaves me here.
I am not entirely sure what the next steps are and what the best defense I have in a court should it come to it. (the park is in Crawley and I live in Manchester. It was not possible yet for me to find who runs the permit only part of the lot to complain. I am trying to find this piece of the puzzle but it may not be possible).
Essentially the thread is to ask about your advice for the best defense to have should a court case come up..
Thanks a lot!
I have tried very hard to not waste anyone time by posting a thread or asking unnecessary questions.
I have come to this forum for about 6 months now since I had to deal with a PCN that I appealed unsuccessfully.
Unfortunately, I have made a few mistakes such as during the appeal process.. I didn't use a tried and tested defence and declared who the driver was (as the appeal was without a forum help and I seriously expected to be successful).
Right, their case:
I parked in a spot that was PERMIT HOLDERS ONLY.
My case:
The park had a gate that clearly states NCP PARKING. There was no sign or line to break the two parking lots apart so I thought that I had parked in an NCP PARKING. The only permit only sign was at the very beginning of the division which I happened to miss. (Oriented in the wrong direction for an incoming driver).
I have only left the car and tried to pay for the NCP parking which had NO machines. I have tried to pay online by app to no avail. I have called the company to pay and that didn't sort the situation out. In any case, I was left to look for a parking ticketer person to help me pay. However, he tells me that I parked in a permit holder only spot. So I go back to the car to find a PCN attached (I personally haven't left the parking lot during the entire time (20 minutes?).
I then proceeded to remove my car and park in a different parking lot. I made sure that I paid and that I took a photo of that ticket to show that I simply parked in the Permit holder only spot by mistake. Furthermore, I was in the park the entire time so I know that no other car entered to try to park in my spot.
Anyways I appealed to UKPC based on poor signage and the fact i was still in the park (didn't actually "park"). Rejected. Appealed to Popla. Rejected.
I then was frustrated and found this forum so I held my ground and didn't pay. I recently (2 weeks ago) received a letter before claim for the incident (October 2022). I read your advice here and have sent an SAR and letter to their lawyers for a debt advice 30 days hold.
Both of which responded quite quickly (within 1 day). I am a little suspicious of how fast it was processed. In any case.. it leaves me here.
I am not entirely sure what the next steps are and what the best defense I have in a court should it come to it. (the park is in Crawley and I live in Manchester. It was not possible yet for me to find who runs the permit only part of the lot to complain. I am trying to find this piece of the puzzle but it may not be possible).
Essentially the thread is to ask about your advice for the best defense to have should a court case come up..
Thanks a lot!
0
Comments
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Just use the Template Defence on this forum - it's a sticky thread separate from the NEWBIES thread - and your case will be allocated to Manchester (your choice of court) who will set a hearing date but DCBLegal will discontinue!
That's it. All over in 2024.
Assuming it's DCBLegal on the case.PRIVATE 'PCN'? DON'T PAY BUT DON'T IGNORE IT (except N.Ireland).
CLICK at the top or bottom of this/any page where it says:
Home»Motoring»Parking Tickets Fines & Parking - read the NEWBIES THREAD0 -
Agreed but do remove the many uses of "parking lot" when you construct your defence/WS; we use car parks, we are not American!Coupon-mad said:Just use the Template Defence on this forum - it's a sticky thread separate from the NEWBIES thread - and your case will be allocated to Manchester (your choice of court) who will set a hearing date but DCBLegal will discontinue!
That's it. All over in 2024.
Assuming it's DCBLegal on the case.3 -
Oooh I do hate that US phrase. We just had some visitors stay with us from Mexico and I made them aware of all the language differences - they are teachers so they wanted to know!
Sidewalk, parking lot, 'windshield', 'curb' instead of the correct English spelling: kerb...
OUCH. And as for "aluminium" - aaarrrgh!PRIVATE 'PCN'? DON'T PAY BUT DON'T IGNORE IT (except N.Ireland).
CLICK at the top or bottom of this/any page where it says:
Home»Motoring»Parking Tickets Fines & Parking - read the NEWBIES THREAD1 -
You guys have caught me there! I am not originally English so my language is a mix and it is hard to say where it is from. I get everyone confused. It is hard for me to check because I don't know what American stuff I use. But definitely noted.
2 -
What do you mean by discontinue? The LBC came from DCBLegal.Coupon-mad said:Just use the Template Defence on this forum - it's a sticky thread separate from the NEWBIES thread - and your case will be allocated to Manchester (your choice of court) who will set a hearing date but DCBLegal will discontinue!
That's it. All over in 2024.
Assuming it's DCBLegal on the case.0 -
Stop their legal challenge. Give up. Realise they won't win. Never had any intention to go all the way. Thought they'd chance you being a mug and paying them to take away their (empty) threats!THEMC123 said:
What do you mean by discontinue? The LBC came from DCBLegal.Coupon-mad said:Just use the Template Defence on this forum - it's a sticky thread separate from the NEWBIES thread - and your case will be allocated to Manchester (your choice of court) who will set a hearing date but DCBLegal will discontinue!
That's it. All over in 2024.
Assuming it's DCBLegal on the case.Please note, we are not a legal advice forum. I personally don't get involved in critiquing court case Defences/Witness Statements, so unable to help on that front. Please don't ask. .
I provide only my personal opinion, it is not a legal opinion, it is simply a personal one. I am not a lawyer.
Give a man a fish, and you feed him for a day; show him how to catch fish, and you feed him for a lifetime.Private Parking Firms - Killing the High Street1 -
See the DCBLegal thread by @Umkomaas - they always discontinue before the hearing. All over.PRIVATE 'PCN'? DON'T PAY BUT DON'T IGNORE IT (except N.Ireland).
CLICK at the top or bottom of this/any page where it says:
Home»Motoring»Parking Tickets Fines & Parking - read the NEWBIES THREAD1 -
I don't think the claim has been issued yet. This is at LoC stage.1
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No as my post explains it is at letter before claim. I requested debt advice and SAR. That's all for now. Fingers crossed it will fizzle out or they lose in court.YankeeBrit said:I don't think the claim has been issued yet. This is at LoC stage.0
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