Parking Control Management (UK) Ltd Claim letter

Cabbage_Patch1

Hello,

I received this claim letter from the county court for a parking incident that occurred in August last year. I have read the newbies thread and so far I have:

 

I) Completed the AOS 24/07/23

II) Sent a letter to GS seeking debt advice 

III) Requested and received SAR from PCM UK

IV) Downloaded the August 2023 defence template

 

I am in the process of putting together my defence. I have copied and pasted the new August 2023 defence template and I am currently working on the body of my defence (#3).

 

From the SAR information sent by PCM UK I can see that the times between the photos taken of my parked vehicle is 1 minute.

Consequently I am planning to use  three main angels as the main basis of my defence.

 

 

1.    The legal requirement of Grace period in the IPC code of practice which PCM UK are a member of

2.    Granted permission by the legal tenant to park in allocated bay as a visitor to the property (Jopson v Home Guard (appeal) and PACE v Mr N)

3.    Confusing and deliberately signage - it is not apparent where permits can be obtained and where visitors can park within the housing complex.

 

Is it possible to provide links to the Jopson v Home Guard (appeal) and PACE v Mr N etc  as this case is about incurring the PCN whilst parked as a visitor in a residential space where the tenant/leaseholder has already been granted the right to park or unload.  

Additionally anyways I can apply this to my defence or anything else I can include in it will be greatly appreciated.

 

 

Many thanks 

 

KeithP

With a Claim Issue Date of 11th July and having filed an Acknowledgment of Service in a timely manner, you had until 4pm on Monday 14th August 2023 - last Monday - to file a Defence but it looks like that didn't happen.

Since 4pm on Monday 14th August the Claimant has been free to seek a Default Judgment against you.

If they seek and get that Judgment before you have filed a Defence, then they win the race - it's game over - you lose.

Check your MCOL Claim History to see if there is already a Judgment against you. 
If there is, then you can ignore the rest of this post.

On the other hand if you file a Defence before the Claimant actually seeks and gets that Default Judgment, then you win this heat and go through to the next round and I suggest you aim to file a Defence before 8am tomorrow morning.

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

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'.

Cabbage_Patch1

Thank you for this information I have checked the MCOL claim history and a judgement was issued 17th August at 19:07. I understood that I had 33 days to file a defence from the AOS.
Is there anything I can do?

KeithP

Cabbage_Patch1 said:

Thank you for this information I have checked the MCOL claim history and a judgement was issued 17th August at 19:07. I understood that I had 33 days to file a defence from the AOS.
Is there anything I can do?

The '33 days' starts from the Issue Date on the Claim Form.
That is explained on the back of the Claim Form.

Sorry to be saying this, but I cannot see that you have any alternative but to pay the amount stated.
How to pay is also spelt out on the back of the Claim Form.
You must pay within the next couple of weeks or so to avoid a lasting Judgment remaining on your credit file for the next six years.


Edited to add...
You made your first post on this forum at 7:59pm today.
Unfortunately, the Default Judgment was filed just 52 minutes before that.
What bad luck.

Cabbage_Patch1

Thanks for your all your help.