PCN never received

Poppy87

So last year i received a letter saying that I owed 170 as i hadn't replied to original PCNs however, i never received the original PCN from UKPC, I have now received a court claim of £250, I have read newbies thread and acknowledged the service and started to write my defence using the draft, can I use all of this? I'm also unsure what to put in my part 3, any help would be greatly appreciated. I

Poppy87

The claim form

Fruitcake

It is not uncommon for motorists not to get the initial PCN yet get debt collection letters (me included) and/or a court claim. It's almost as if it is a deliberate ploy by PPCs.

Plan A is always a complaint to the landowner and your MP, and it is never too late to do so.
Where did the alleged event occur? It may have cropped up here before.

Use all of the defence, including the CEL v Chan case, plus the whole of the Chan transcript, and inadequate signage, which always applies to UKPC.

Please only post the parts of the template you have amended.

Poppy87

Fruitcake said:

It is not uncommon for motorists not to get the initial PCN yet get debt collection letters (me included) and/or a court claim. It's almost as if it is a deliberate ploy by PPCs.

Plan A is always a complaint to the landowner and your MP, and it is never too late to do so.
Where did the alleged event occur? It may have cropped up here before.

Use all of the defence, including the CEL v Chan case, plus the whole of the Chan transcript, and inadequate signage, which always applies to UKPC.

Please only post the parts of the template you have amended.

Thank you, it was a McDonalds in Tamworth

Nellymoser

Like you so many people don't receive 1st and/or 2nd pcn but the £170 payment due letter often manages to drop through letter boxes. PPCs always claim discounted/full rate pcns/court claim letters were sent as dated though they offer no evidence to prove this.

Since they CHOOSE NOT to provide evidence of their posting we must continue to press gov to ensure they do and see it included in the new Parking CoP. Please sign/share @jmccabe petition closes 22nd june 2024.

https://petition.parliament.uk/petitions/652355
Require communications from Private Parking companies to be traceable/trackable
Thank you and good luck

KeithP

What is the Issue Date on your Claim Form?

Upon what date did you file an Acknowledgment of Service?
Your MCOL Claim History will have the definitive answer to that.

troublemaker22

Fruitcake said:

Use all of the defence, including the CEL v Chan case, plus the whole of the Chan transcript, and inadequate signage, which always applies to UKPC.

That's excellent advice - but you can go further.  The judgments link in the Newbies section that contains the Chan judgment also contains a number of cases where County Court judges up and down the country have struck out UKPC particulars of claim for being hopelessly defective.  I think you should paste in all these judgments as well as Chan and ask the allocating judge in your case to follow all those other judges and strike out the particulars of claim in your case - https://www.dropbox.com/scl/fi/cqkwa5rbqsostoan5inyf/Judgments.pdf?rlkey=kf40o46syu06v0xn6dos59cat&e=1&dl=0  

Poppy87

KeithP said:

What is the Issue Date on your Claim Form?

Upon what date did you file an Acknowledgment of Service?
Your MCOL Claim History will have the definitive answer to that.

15th of feb issue date
29th feb Acknowledgment of service

KeithP

Poppy87 said:

KeithP said:

What is the Issue Date on your Claim Form?

Upon what date did you file an Acknowledgment of Service?
Your MCOL Claim History will have the definitive answer to that.

15th of feb issue date
29th feb Acknowledgment of service

With a Claim Issue Date of 15th February, and having filed an Acknowledgment of Service in a timely manner, you have until 4pm on Tuesday 19th March 2024 to file your Defence.

That's less than two 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'.

Poppy87

I am unsure what to put in my paragraph 3, do i mention lack of NTK

Le_Kirk

Have you looked at the @hharry100 defence and read what was written there?  Have you read a few more threads where posters have used the @hharry100defence?  Since you have sparse POC, you don't know what charge you are defending, therefore just agree the car was where the claim form states it was and leave it at that.  Lack of NTK is not in itself a defence!