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Premier Park Limited Claims

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Comments

  • Gr1pr
    Gr1pr Posts: 9,240 Forumite
    1,000 Posts First Anniversary Photogenic Name Dropper
    edited 31 October 2024 at 7:04PM
    Maybe so, but if thats the case then it should have been challenged when the first NTK PCN letter was issued, then a second chance with the reminder too

    If the claim form was the first that you knew of it, then the letters went astray, probably to an old registered address that wasn't updated by the keeper with the DVLA after moving. ( That is the usual cause of no paperwork, not updating the V5c, a requirement of the registered keeper to do promptly  )

    Court is their last resort 
  • Coupon-mad
    Coupon-mad Posts: 153,572 Forumite
    Part of the Furniture 10,000 Posts Name Dropper Photogenic
    edited 1 November 2024 at 3:45PM
    When I said you'd 'helped' them, you filled in the gap in their pleadings. They didn't plead what the breach was (and that could have been fatal to their case) but you answered to an allegation they didn't express.  So you filled in their jigsaw for them, unfortunately.

    Anyhoo, no point crying over spilt milk. Carry on with defending as normal. You can still win but in our experience, it won't be as simple as "I paid".

    You can expand in your facts a bit at WS and evidence stage but will be limited mainly to Consumer Rights Act 2015 points about non-prominent or ambiguous terms and the argument that you paid to park.

    They could disprove that defence, if for example there was a typo made in the location code or your VRM.  Then it becomes "no valid payment made".
    PRIVATE 'PCN'? DON'T PAY BUT DON'T IGNORE IT (except N.Ireland).
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  • Thank you all, appreciate your help and advice!
  • Le_Kirk
    Le_Kirk Posts: 24,750 Forumite
    Part of the Furniture 10,000 Posts Photogenic Name Dropper
    As for their inadequate particulars and your limited defence I would still quote Chan in your Witness Statement for the judge to consider. Did you have to enter your Registration Number at this car park. If so maybe the issue was a typo which led to the failure to meet T&Cs rather than ‘not paid’. Could be an overstay or perhaps you parked outside of a marked bay. Who knows until you see their witness statement. 
    ....and Akande!
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