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Residential parking fine - claim advice

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I got a letter sent in the post last year saying that I have breached the terms of a residential car park.

My girlfriend lived on the estate and gave me a copy of her badge to put in my window. I didn't always put the badge in the window when visiting unfortunately and hence got this letter. I haven't had any photos of the incursion and unfortunately ignored all the prior letters from them. Not good I know.

I got a claim letter sent from the courts a few weeks back and am just putting a defence together now. I know all the timescales etc and have done this before, but just wondering if anyone had any advice outside of all the guidance on here on what to include in my defence. I have read over the stuff in the newbies thread etc. Is there any specific narrative I can adopt or avenue I should go down?

Thanks in advance.
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Comments

  • Half_way
    Half_way Posts: 7,476 Forumite
    Part of the Furniture 1,000 Posts Name Dropper
    does your girlfriend still live there?

    From the Plain Language Commission:

    "The BPA has surely become one of the most socially dangerous organisations in the UK"
  • anony-moose
    anony-moose Posts: 69 Forumite
    Seventh Anniversary 10 Posts Name Dropper Combo Breaker
    edited 20 May 2024 at 11:13AM
    Half_way said:
    does your girlfriend still live there?

    I don't know. I split up with her last year and she was in the middle of moving. I have a copy of the permit and photos of it. I've read that a copy of the lease would have been useful?
  • KeithP
    KeithP Posts: 41,296 Forumite
    Part of the Furniture 10,000 Posts Name Dropper
    What is the Issue Date on your Claim Form?

    Have you filed an Acknowledgment of Service?
    If so, upon what date did you do so?
    Your MCOL Claim History will have the definitive answer to that.
  • anony-moose
    anony-moose Posts: 69 Forumite
    Seventh Anniversary 10 Posts Name Dropper Combo Breaker
    KeithP said:
    What is the Issue Date on your Claim Form?

    Have you filed an Acknowledgment of Service?
    If so, upon what date did you do so?
    Your MCOL Claim History will have the definitive answer to that.
    Hi Keith, I've filed an AoS on 7 May, the claim date is 24 April.
  • KeithP
    KeithP Posts: 41,296 Forumite
    Part of the Furniture 10,000 Posts Name Dropper
    KeithP said:
    What is the Issue Date on your Claim Form?

    Have you filed an Acknowledgment of Service?
    If so, upon what date did you do so?
    Your MCOL Claim History will have the definitive answer to that.
    Hi Keith, I've filed an AoS on 7 May, the claim date is 24 April.
    I know you've said you already know all this stuff, but I'm going to post it anyway...   :)

    With a Claim Issue Date of 24th April, and having filed an Acknowledgment of Service in a timely manner, you have until 4pm on Tuesday 28th May 2024 to file your Defence.

    That's over a week 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'.
  • anony-moose
    anony-moose Posts: 69 Forumite
    Seventh Anniversary 10 Posts Name Dropper Combo Breaker
    KeithP said:
    KeithP said:
    What is the Issue Date on your Claim Form?

    Have you filed an Acknowledgment of Service?
    If so, upon what date did you do so?
    Your MCOL Claim History will have the definitive answer to that.
    Hi Keith, I've filed an AoS on 7 May, the claim date is 24 April.
    I know you've said you already know all this stuff, but I'm going to post it anyway...   :)

    With a Claim Issue Date of 24th April, and having filed an Acknowledgment of Service in a timely manner, you have until 4pm on Tuesday 28th May 2024 to file your Defence.

    That's over a week 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'.
    Thanks Keith. 

    I was planning on going with the following:

    - I was a regular visitor and in a relationship with a resident
    - I always displayed a valid permit 
    - Signage was poor
    - Letters were threatening in tone
    - No detail of alleged breach

    I've got this in my defense thus far:


  • Coupon-mad
    Coupon-mad Posts: 151,940 Forumite
    Part of the Furniture 10,000 Posts Name Dropper Photogenic
    edited 20 May 2024 at 12:35PM
    Which solicitor?

    Which PPC?

    Show us the POC.

    Sounds like you should be using the other defence. I don't understand why people are going to the Template Defence thread, reading the template defence and not using the linked one within it, for cases with no breach pleaded?  Not sure how much clearer I can make it than the link I've put right in paragraph 3 of the defence that everyone must be seeing?
    PRIVATE 'PCN'? DON'T PAY BUT DON'T IGNORE IT (except N.Ireland).
    CLICK at the top or bottom of any page where it says:
    Home»Motoring»Parking Tickets Fines & Parking - read the NEWBIES THREAD
  • anony-moose
    anony-moose Posts: 69 Forumite
    Seventh Anniversary 10 Posts Name Dropper Combo Breaker
    Which solicitor?

    Which PPC?

    Show us the POC.

    Sounds like you should be using the other defence. I don't understand why people are going to the Template Defence thread, reading the template defence and not using the linked one within it, for cases with no breach pleaded?  Not sure how much clearer I can make it than the link I've put right in paragraph 3 of the defence that everyone must be seeing?
    I went to the template defence and am adapting that like it suggested. I didn't see a bit where it mentioned 'no breach', unless I missed it. I saw this and was going to add it in, but not got to that yet. Is this the bit you mean?


  • anony-moose
    anony-moose Posts: 69 Forumite
    Seventh Anniversary 10 Posts Name Dropper Combo Breaker
    Which solicitor?

    Which PPC?

    Show us the POC.

    Sounds like you should be using the other defence. I don't understand why people are going to the Template Defence thread, reading the template defence and not using the linked one within it, for cases with no breach pleaded?  Not sure how much clearer I can make it than the link I've put right in paragraph 3 of the defence that everyone must be seeing?
    - Gladstones
    - District Enforcement Limited
    - POC below

    The driver of the vehicle with registration XXXXXXX (the 'Vehicle') parked in breach of the terms of parking stipulated on the signage (the 'Contract') at XXXXXXXXXX, on XXXXXXXXX thus incurring the parking charge (the 'PCN'). The PCN was not paid within 28 days of issue. The Claimant claims the unpaid PCN from the Defendant as the driver/keeper of the Vehicle. Despite demands being made, the Defendant has failed to settle their outstanding liability. THE CLAIMANT CLAIMS £100 for the PCN, £60.00 contractual costs pursuant to the Contract and PCN terms and conditions, together with statutory interest of £8.95 pursuant to s69 of the County Courts Act 1984 at 8.00% per annum, continuing at £0.04 per day.
  • Coupon-mad
    Coupon-mad Posts: 151,940 Forumite
    Part of the Furniture 10,000 Posts Name Dropper Photogenic
    edited 20 May 2024 at 11:48PM
    Which solicitor?

    Which PPC?

    Show us the POC.

    Sounds like you should be using the other defence. I don't understand why people are going to the Template Defence thread, reading the template defence and not using the linked one within it, for cases with no breach pleaded?  Not sure how much clearer I can make it than the link I've put right in paragraph 3 of the defence that everyone must be seeing?
    I went to the template defence and am adapting that like it suggested. I didn't see a bit where it mentioned 'no breach', unless I missed it. I saw this and was going to add it in, but not got to that yet. Is this the bit you mean?


    Of course that's the link to the right defence for a case where no breach pleaded.
    PRIVATE 'PCN'? DON'T PAY BUT DON'T IGNORE IT (except N.Ireland).
    CLICK at the top or bottom of any page where it says:
    Home»Motoring»Parking Tickets Fines & Parking - read the NEWBIES THREAD
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