IMPORTANT: Please make sure your posts do not contain any personally identifiable information (both your own and that of others). When uploading images, please take care that you have redacted all personal information including QR codes, number plates and reference numbers.

What do at this point?

Hello All, 

To cut a long story short I’ve just had a county court claim come through against me for a parking ticket back from Feb 2021. They want £300 which is crazy.

To this day I still don’t know what breach of contract was made. I made an appeal although never received any updates back. All I know I was allowed to park in this car park. 

At the time I was going through a divorce and moved house several times.

2 1/2 years pass  without hearing anything and then a letter from CST law comes through saying I owe £170. Unfortunately I missed this letter as I was away most of October.

Recently I’ve tried to make contact with MET parking to obtain the original PCN letter but not getting anywhere with them. Even asked for SAR but still not heard back. 

I’ve just done the AOS and getting ready to write a defence letter but my question is I don’t really know what to write as I don’t understand really know what they claiming against me as I can’t see the original PCN and running out of time. It’s was so long ago just makes everything difficult. 

The issue date from the CCBC is the 07.12.2023 and the AOS was done on 18.12.2023. 

Any advice would be great or what could possibly but in my defence letter. 

Thank you 

«1

Comments

  • KeithP
    KeithP Posts: 37,144
    Name Dropper First Post First Anniversary
    Forumite
    The issue date from the CCBC is the 07.12.2023 and the AOS was done on 18.12.2023. 
    Hello and welcome.

    With a Claim Issue Date of 7th December, and having filed an Acknowledgment of Service in a timely manner, you have until 4pm on Tuesday 9th January 2024 to file your Defence.

    That's nearly 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'.
  • I’ve started working on the defence letter. I’ve added the Civil Enforcement Ltd v Chan appeal case as instructed by. @Umkomaas

    what’s people opinions on my defence paragraph. Im
    not sure what else to put 

    5. The Defendants car registration XXXXXXX was parked at the location of Nuffield Health Stockley Park Uxbridge UB11 1AA. The Defendants car was legally parked without any breach of contract. The Defendant had a permit to park in the car park with proof as provided by Nuffield Healthy Stockley park gym. The Defendant has appealed this parking fine with MET parking in April 2021 and had no correspondence after this date. No letter was received over the 32 months between the initial claim. It is deemed unethical from MET parking service limited to delay proceeding for this amount of time. The defendant has asked for the original PCN from MET parking service limited only to be told they cannot provide this and to go through the debt collectors.


  • No letter was received over the 32 months between the initial claim. It is deemed unethical from MET parking service limited to delay proceeding for this amount of time.
    It a shoddy state of affairs but unfortunately not a defence point as currently they can issue a claim up to 6 years from the event.

    The defendant has asked for the original PCN from MET parking service limited only to be told they cannot provide this and to go through the debt collectors.
    MET Parking Services were lying and told you to contact the debt collectors so they could pressurise you into paying. Once you have submitted your defence you could submit a SAR as explained in the Newbies thread to obtain all your personal data giving them 30 days to respond or you will complain to the ICO. However the fact that you don’t know which term or condition they allege you broke when parking will help you as explained by @Umkomaas using the recent case law. Many claims are getting thrown out on this defence point alone.

  • Coupon-mad
    Coupon-mad Posts: 129,479
    Name Dropper First Post Photogenic First Anniversary
    Forumite
    Looks good though.  I'd just get rid of the final sentence.
    PRIVATE 'PCN'? DON'T PAY BUT DON'T IGNORE IT (except N.Ireland).
    CLICK at the top of this/any page where it says:
    Forum Home»Motoring»Parking Tickets Fines & Parking - read the NEWBIES THREAD
  • Le_Kirk
    Le_Kirk Posts: 21,957
    First Anniversary First Post Photogenic Name Dropper
    Forumite

    5. The Defendants car registration XXXXXXX was parked at the location of Nuffield Health Stockley Park Uxbridge UB11 1AA. The Defendants car was legally parked without any breach of contract. The Defendant had a permit to park in the car park with proof as provided by Nuffield Healthy Stockley park gym. The Defendant has appealed this parking fine with MET parking in April 2021 and had no correspondence after this date. No letter was received over the 32 months between the initial claim. It is deemed unethical from MET parking service limited to delay proceeding for this amount of time. The defendant has asked for the original PCN from MET parking service limited only to be told they cannot provide this and to go through the debt collectors.

    It's not a fine!  Since you don't know against what you are defending due to the claimant's sparse, vague particulars, you have given just enough information to explain the circumstances to the judge without inadvertently suggesting what the problem might have been.
  • Hey @Le_Kirk

    thanks for the response. Would you be able to suggest what I can put in my defence. The only thing I can think of is the permit might have been blocked or obstructed in some way but I’m not sure. 
  • Coupon-mad
    Coupon-mad Posts: 129,479
    Name Dropper First Post Photogenic First Anniversary
    Forumite
    You've done it if you just put those bits right.
    PRIVATE 'PCN'? DON'T PAY BUT DON'T IGNORE IT (except N.Ireland).
    CLICK at the top of this/any page where it says:
    Forum Home»Motoring»Parking Tickets Fines & Parking - read the NEWBIES THREAD
  • Le_Kirk
    Le_Kirk Posts: 21,957
    First Anniversary First Post Photogenic Name Dropper
    Forumite
    Hey @Le_Kirk

    thanks for the response. Would you be able to suggest what I can put in my defence. The only thing I can think of is the permit might have been blocked or obstructed in some way but I’m not sure. 
    You've done it if you just put those bits right.
    Why are you trying to do the claimant's job for them?  You don't know what the claim is about as they have sent vague or sparse particulars; just do what @Coupon-mad suggested earlier.
  • Hello All, 

    I have finished my defence and about to email it off. 

    Just a question about the paragraphs and judgments seen in the defence by @hharry100  here:

    https://forums.moneysavingexpert.com/discussion/comment/80343627/#Comment_80343627

    Do I just paste this into my defence email like this below under point 3.?


Meet your Ambassadors

Categories

  • All Categories
  • 341.9K Banking & Borrowing
  • 249.7K Reduce Debt & Boost Income
  • 449.2K Spending & Discounts
  • 234K Work, Benefits & Business
  • 606.2K Mortgages, Homes & Bills
  • 172.5K Life & Family
  • 246.9K Travel & Transport
  • 1.5M Hobbies & Leisure
  • 15.8K Discuss & Feedback
  • 15.1K Coronavirus Support Boards