Country Claim form.

Aprilsunflower

Hi all, 

I hope you are well. Please could you kindly help me. They keep sending letters and I am getting told off by the parents    

Claim Issue date: 17th November 
Acknowledged and chose defend all claim: 24th November 

Please find attached the county court claim form and the sign on the road. They did send the driver warning and letters before this.

I am also trying to get through to the landowner - a housing association to see if they cancel 

Driver was dumb and thought because its Sunday it will be fine. 

Thank you in advance. 

county claim form -  https://i.postimg.cc/tJPnhfNm/Claim-Form-2.png 

claimform

Parking sign -  https://i.postimg.cc/DzF6mQnT/parking-sign-lovelace.jpg 

sign 

Previous warning letter- https://ibb.co/QDMMTD6

Fruitcake

You are doing okay so far.

Follow the guide to court written by bargepole that you will find in the second post of the NEWBIES in conjunction with the template defence sticky Announcement that includes a twelve step guide. 

Post your draft defence here for checking before you submit it.

Not_A_Hope

I don’t think ‘because it is Sunday it will be fine’ is going to work as a defence.

Did the driver see the signs? How obvious and readable were they as the driver entered the car park and where the driver parked?

Aprilsunflower

Fruitcake said:

You are doing okay so far.

Follow the guide to court written by bargepole that you will find in the second post of the NEWBIES in conjunction with the template defence sticky Announcement that includes a twelve step guide. 

Post your draft defence here for checking before you submit it.

I really needed to hear this. Thank you so much. I will do.

Aprilsunflower

Not_A_Hope said:

I don’t think ‘because it is Sunday it will be fine’ is going to work as a defence.

Did the driver see the signs? How obvious and readable were they as the driver entered the car park and where the driver parked?

Not_A_Hope said:

I don’t think ‘because it is Sunday it will be fine’ is going to work as a defence.

Did the driver see the signs? How obvious and readable were they as the driver entered the car park and where the driver parked?

I know Signs were there and readable.

Fruitcake

Aprilsunflower said:

Not_A_Hope said:

I don’t think ‘because it is Sunday it will be fine’ is going to work as a defence.

Did the driver see the signs? How obvious and readable were they as the driver entered the car park and where the driver parked?

Not_A_Hope said:

I don’t think ‘because it is Sunday it will be fine’ is going to work as a defence.

Did the driver see the signs? How obvious and readable were they as the driver entered the car park and where the driver parked?

I know Signs were there and readable.

But only if you are standing next to the sign whilst using opera glasses. You couldn't read the one you showed us from a car length away, nor from the driving seat of a moving car. The Ts and Cs, and the charge for breaching them is in tiny font, so these terms could not have adequately been brought to the attention of the driver, therefore the signs are incapable of forming a contract.

(3)For the purposes of sub-paragraph (2) “adequate notice” means notice given by—

(a)the display of one or more notices in accordance with any applicable requirements prescribed in regulations under paragraph 12 for, or for purposes including, the purposes of sub-paragraph (2); or

(b)where no such requirements apply, the display of one or more notices which—

(i)specify the sum as the charge for unauthorised parking; and

(ii)are adequate to bring the charge to the notice of drivers who park vehicles on the relevant land.

Get more pics of the site and signage that show how bad they are, especially damaged or dirty signs, high up on poles/walls, hidden round a corner, or covered by foliage.
Take photos showing where the car was parked to see if any signs were visible, let alone readable by the driver.

Have you checked the PPC's website to see if they have any other photos, especially ones clearly showing the whole of the front dashboard area to prove there was no permit.

Aprilsunflower

Fruitcake said:

Aprilsunflower said:

Not_A_Hope said:

I don’t think ‘because it is Sunday it will be fine’ is going to work as a defence.

Did the driver see the signs? How obvious and readable were they as the driver entered the car park and where the driver parked?

Not_A_Hope said:

I don’t think ‘because it is Sunday it will be fine’ is going to work as a defence.

Did the driver see the signs? How obvious and readable were they as the driver entered the car park and where the driver parked?

I know Signs were there and readable.

But only if you are standing next to the sign whilst using opera glasses. You couldn't read the one you showed us from a car length away, nor from the driving seat of a moving car. The Ts and Cs, and the charge for breaching them is in tiny font, so these terms could not have adequately been brought to the attention of the driver, therefore the signs are incapable of forming a contract.

(3)For the purposes of sub-paragraph (2) “adequate notice” means notice given by—

(a)the display of one or more notices in accordance with any applicable requirements prescribed in regulations under paragraph 12 for, or for purposes including, the purposes of sub-paragraph (2); or

(b)where no such requirements apply, the display of one or more notices which—

(i)specify the sum as the charge for unauthorised parking; and

(ii)are adequate to bring the charge to the notice of drivers who park vehicles on the relevant land.

Get more pics of the site and signage that show how bad they are, especially damaged or dirty signs, high up on poles/walls, hidden round a corner, or covered by foliage.
Take photos showing where the car was parked to see if any signs were visible, let alone readable by the driver.

Have you checked the PPC's website to see if they have any other photos, especially ones clearly showing the whole of the front dashboard area to prove there was no permit.

Hi, I am not sure if my previous comment got posted. 

Thank you for your time and efforts.Really appreciated. Their site wont let me access my PCN anymore. 

The picture I took on Sunday, as you enter the road


https://ibb.co/1mR0hkc




pictures from google maps

https://ibb.co/f40WVmV

https://ibb.co/6XgM2fx

https://ibb.co/rc5rLNy

https://ibb.co/44k2L5F

KeithP

With a Claim Issue Date of 17th November, and having filed an Acknowledgment of Service in a timely manner, you have until 4pm on Wednesday 20th December 2023 to file your Defence.

That's over three 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 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'.

Aprilsunflower

Hi all,

I hope you are well. Is this worth pursuing ? or should I just pay it off in instalments ? 

Many thanks

Not_A_Hope

I cannot open links on your original post. However the single photo you have taken and the Google images suggest to me that the signs were not clear and obvious and you could argue you therefore did not enter a contact to pay £100 or whatever the PPC is asking.

I assume they want at least £170 now including alleged (false) debt collection fees. If it goes to a hearing and you lose it is probably going to cost you £260. However with a robust defence and witness statement many PPCs after all their threats withdraw or don’t turn up at the hearing in which case you win.

You have until the 20th to make your mind up which way you are going with this. Don’t miss that deadline or you automatically lose. You could show us a redacted copy of the claim form which shows the claimant and the particulars of their claim

KeithP

Aprilsunflower said:

Hi all,

I hope you are well. Is this worth pursuing ? or should I just pay it off in instalments ? 

Many thanks

It is nearly two weeks since I offered you some guidance.
You don't appear to have even noticed that.