Over stayed by six minutes, seems unfair but do I have grounds? Civil Enforcement PCN

KeithP

itgoodson said:

Latest communication today: a letter from "Direct Collection Baliffs Ltd" demanding £170.

I assume I just ignore this and continue to wait.

No need to assume.  

The fourth post of the NEWBIES thread explains exactly how to deal with debt collector's letters, but to summarise that post - ignore them.

itgoodson

Right, OP here, I'm back.

A claim form has arrived.

First issue: it's gone to my mother in law. She wasn't the driver. It was my wife in her mum's car. We told the parking company this. Their correspondence then came to us. But this claim form went to MiL. 

MiL is now worried and wants it to just go away i.e..pay up.

How do I get the name changed to my wife's?

---

Second, and more generally, I want to mount a Defence (once the name is changed). I think I need to follow the advice in the second post in the NEWBIES thread now?

I believe I should be making a defence based on the fact that the signage is unclear and badly lit (it was dark) as per photos on the first page in this thread?

Do I claim that it is deliberately vague?

Will that be enough? 

Thank you in advance. It's a deliberate attempt to con people so I want to fight it and win. I've even wondered about a counter-claim, but is that OTT?


 

Castle

You have left a PCN reference and the password showing.

itgoodson

Corrected, hope it's right now 

Gr1pr

MiL must defend the current claim,  because its in her name,  no paying   !

Clearly she uses the template defence,  unless there is a better idea, the main focus will be that she was not the driver,  plus that she has discharged liability under POFA2012 by naming the actual driver,  so the claim should be struck out 

She cannot do what you asked,  she cannot get the defendant details changed,  she must follow the process , starting with logging into the government gateway on Tuesday or later and completing the AOS online first 

defender001

@itgoodson I know it can feel overwhelming. I'm also defending one of these incredibly unreasonable PCNs now. As you get your head around it, you'll see it's not that complicated.

As Gr1pr said above, first complete the AOS *not before next Tuesday*. This will give you the maximum time possible to file your defence. Then prepare your defence from the template and paste the parts you wrote/modified here for the awesome forum members to review.

Don't leave it to the last minute!

itgoodson

Right, the AOS was done two weeks ago, now I need to get the defence in.

To summarise the situation:

• car belongs to my mother in law
• my wife borrowed it to take daughter to dance class and overstayed five minutes
• we told the parking company that it was a different driver, and all communications started coming to my wife...
• But the Claim Form was sent to my mother-in-law.
• In terms of the actual car park, it was dark and the signage is small and unlit (as per photos above).

So in terms of para #3 for the defence, what do we include?

• Do we simply state that my MiL was not the driver?
• Do we say that the driver was my wife, and we had informed the Claimant of this?
• Do we say both of the above and ALSO explain the issues with the small and unlit signage?

Here's what I have so far for para #3, short and simple:

"The Defendant was not the driver. The Claimant was notified of this and correspondence was then sent by the Claimant to the Defendant’s daughter. The Defendant had leant the car to her daughter."

TIA!!

Coupon-mad

Yep that'll do. We assume you are using the new template that is NOT to be emailed?

itgoodson

Thank you. 

I'm using the defence working in the second post on this thread, is that correct?

Template defence to adapt for all parking cases with added 'admin/DRA' costs - edited in 2025 — MoneySavingExpert Forum https://share.google/P3btFhNlRsFCPHULp



And, that is really all my MiL needs to say, that she wasn't the driver and she told the claimant that? It's really that simple? 

I need to get it doubly right as I'll give my MiL a heart attack if it's gets much worse! She's at an age where words like 'court' will send her over the edge.

Car1980

Lent not leant