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Claim Form - County Court - Unsure of existing correspondence with Parking Co.
mrk76
Posts: 7 Forumite
Hi,
My elderly father (80) received a Claim Form for £259.64 regarding a PCN issued on 19/07/2022.
He visited his opticians, who have three parking spaces at the front of their premises, managed by I PARK SERVICES. Despite intending to go into the opticians, for some reason, he changed his mind and went home. I'm assuming that not entering the opticians is the basis for the PCN.
He contacted the opticians, but they were unwilling to help (needless to say, he's no longer a customer, and looking at their reviews, there are many more people at the county court stage).
He wrote a letter to the parking company trying to explain the circumstances, obviously, this was a waste of time. He even sent part payment by cheque, offering to pay in instalments, and they sent the cheque back to him.
I don't have copies of the letters/communications with the parking company, and his recollection of those communications is a bit hazy at best.
Given his communications with them thus far could be seen as an admission of sorts, is it worth trying to defend the claim, or should we just pay? Given his age, I'm trying to make sure he doesn't get too stressed by the whole process.
I note that the particulars mention:
"The driver agreed to pay within 28 days but did not". I'm unsure if this is just boilerplate text, if he agreed to pay, or if his offer of a cheque is interpreted as an agreement to pay.
The issue date of the claim form is 18th Aug 2023.
The Solicitors are DCB Legal.
My elderly father (80) received a Claim Form for £259.64 regarding a PCN issued on 19/07/2022.
He visited his opticians, who have three parking spaces at the front of their premises, managed by I PARK SERVICES. Despite intending to go into the opticians, for some reason, he changed his mind and went home. I'm assuming that not entering the opticians is the basis for the PCN.
He contacted the opticians, but they were unwilling to help (needless to say, he's no longer a customer, and looking at their reviews, there are many more people at the county court stage).
He wrote a letter to the parking company trying to explain the circumstances, obviously, this was a waste of time. He even sent part payment by cheque, offering to pay in instalments, and they sent the cheque back to him.
I don't have copies of the letters/communications with the parking company, and his recollection of those communications is a bit hazy at best.
Given his communications with them thus far could be seen as an admission of sorts, is it worth trying to defend the claim, or should we just pay? Given his age, I'm trying to make sure he doesn't get too stressed by the whole process.
I note that the particulars mention:
"The driver agreed to pay within 28 days but did not". I'm unsure if this is just boilerplate text, if he agreed to pay, or if his offer of a cheque is interpreted as an agreement to pay.
The issue date of the claim form is 18th Aug 2023.
The Solicitors are DCB Legal.
0
Comments
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That's normal text in every DCBLegal claim and it means the driver is deemed by the signs and by the action of parking, to have agreed.
Use the template defence.
They'll discontinue at WS stage.
Scam 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 -
mrk76 said:The issue date of the claim form is 18th Aug 2023.With a Claim Issue Date of 18th August, your father has until Wednesday 6th September to file an Acknowledgment of Service but there is nothing to be gained by delaying it.To file an Acknowledgment of Service, follow the guidance in the Dropbox file linked from the second post in the NEWBIES thread.Having filed an Acknowledgment of Service in a timely manner, he has until 4pm on Wednesday 20th September 2023 to file his Defence.That's four weeks away. Plenty of time to produce a Defence, but please don't leave it to the last minute.To create a Defence, and then file a Defence by email, look again at the second post on the NEWBIES thread - immediately following where you found the Acknowledgment of Service guidance.Don't miss the deadline for filing an Acknowledgment of Service, nor that 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'.
Please keep in mind that everything must be done in the name of the named Defendant.2
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