PCM Moorside court claim received (Merged)

befree16

Hi All,

will keep it short and sweet.

Incident:
I went to collect my father from the train station.  There is a small layby area behind, which has a Tesco Express etc, which only allows parking in specified bays.  I went into it, realised there was no parking, and did a 3 point turn to get out.  As I completed the turn, my father appeared and he got in the car.  I then proceeded to notice a parking attendant taking a picture of the car, and I drove off.

This literally occurred in the space of 1 minute or less.

After the Incident:
I received a letter from PCM UK Ltd stating I had parked in a zone not allowed, and I was to pay a fine.  I disputed this via their online portal and they declined it.

They kept sending letters which I subsequently ignored (probably shouldn't have done this?)

I have been away recently, and come back to find a CCJ which I have until this Saturday to respond to.  

I really do not want to give these people, who I view as scammers, my money.  I know it may not be a legal defense, but I explained to PCM my dad has trouble walking, and why would I make him walk another 20m when he was right there ready to get in the car.

As I am now running out of time to mount a defense, and have absolutely no experience doing this, I am contemplating the 'Acknowledgement of Service' which would give me 28 days from the 'Date of Service' to prepare my defense.  However, I as I have zero experience in this area, I would like others' opinions on how likely I am to win a case such as this, or if I should just do the admission form, or part admission.

I am not particularly drowning in money, and the sum has risen to shy of £300.

Any advice would be much appreciated.

Thank you!

befree16

EDIT: The actual photo that was sent to me by PCM shows my dad getting in the car and my car facing the exit.  If that makes any difference to the situation.  I am also sure I can get medical notes on behalf of my father, who has issues with his knees.

Gr1pr

I do not believe that its a CCJ, so lets see a fully redacted picture of the letter or main form 

No personal details, no references, no password, no VRM details, no QR codes, but leave dates showing 

What you have described is not a CCJ 

befree16

Gr1pr said:

I do not believe that its a CCJ, so lets see a fully redacted picture of the letter or main form 

No personal details, no references, no password, no VRM details, no QR codes, but leave dates showing 

My apologies - I have just reread it, and this seems to be the step prior to me receiving a CCJ.  

as per the letter:

"You must respond to the claim before the response date on the enclosed form.  If you do not do this the claimant could request a County Court Judgement (CCJ) against you."

Thank you for challenging that, because I skipped over that.

I still need to prepare a defense though, right?  I would prefer not to ignore this jut incase it does go to the CCJ stage.

Gr1pr

Correct 

Redact the claim form etc, as I said, you can see what needs redacting in this example below 

https://forums.moneysavingexpert.com/discussion/6574257/dbl-legal-court-claim-euro-car-parks-small-overstay#latest

You will most definitely get a default CCJ if you ignore it, you don't ignore government letters 

KeithP

What is the Issue Date on your Claim Form?

Can you please show us a picture of the Particulars of Claim - with all your personal detail hidden of course.

Who is the Claimant?

befree16

KeithP said:

What is the Issue Date on your Claim Form?

Can you please show us a picture of the Particulars of Claim - with all your personal detail hidden of course.

Who is the Claimant?

Gr1pr said:

Correct 

Redact the claim form etc, as I said, you can see what needs redacting in this example below 

https://forums.moneysavingexpert.com/discussion/6574257/dbl-legal-court-claim-euro-car-parks-small-overstay#latest

You will most definitely get a default CCJ if you ignore it, you don't ignore government letters 

Hi,

the issue date is 25th Nov 2024, which would mean I have until the 14th to submit my defense?  Unless I apply to have more time (28 days).  I would opt for this if it is applicable to my situation as only saw this letter on the weekend.

I will do this tomorrow as has been an extremely busy day for me.

I would like to express my appreciation for the people who have responded to this thread.

KeithP

befree16 said:

KeithP said:

What is the Issue Date on your Claim Form?

Can you please show us a picture of the Particulars of Claim - with all your personal detail hidden of course.

Who is the Claimant?

the issue date is 25th Nov 2024, which would mean I have until the 14th to submit my defense?

No court deadline will ever be on a Saturday.

With a Claim Issue Date of 25th November, you have until Monday 16th December to file an Acknowledgment of Service, but there is nothing to be gained by delaying it. 

To file an Acknowledgment of Service, follow the guidance in the Dropbox file linked from the second post in the NEWBIES thread.

Having filed an Acknowledgment of Service in a timely manner, you have until 4pm on Monday 30th December 2024 to file a Defence.

That's over 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 again at the second post on the NEWBIES thread - immediately following where you found the Acknowledgment of Service guidance.

Don't miss the deadline for filing an Acknowledgment of Service, nor that 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'.

Coupon-mad

Can you please show us a picture of the Particulars of Claim - with all your personal detail hidden of course.

Who is the Claimant?

And which solicitor firm?

befree16

Coupon-mad said:

Can you please show us a picture of the Particulars of Claim - with all your personal detail hidden of course.

Who is the Claimant?

And which solicitor firm?

Hi, apologies for the delayed response:



This is also my witness statement:

3. The Defendant was visiting the area to collect their father from Hayes & Harlington train station. The Defendant proceeded to drive into a small area which exhibits as a car park, with convenience stores located opposite.
Once the Defendant noticed there were no free parking spaces, they idled for a period of seconds in anticipation of a parked car leaving, thus freeing up a space. The Defendant realised the driver of a car in a free space did not have the intention of moving after rolling down their window and having a brief exchange of words. The Defendant then proceeded to perform a 3-point-turn to vacate High Point Village.
On the final part of the 3-point manoeuvrer, the Defendant’s father appeared and opened the vehicle’s door, and proceeded to get in.
The Defendant wishes to reiterate the series of events described above occurred in under 5 minutes. The Defendant also highlights the lack of clear signage at High Point Village, which would prewarn any driver entering the premises; and small size and confinement of the managed area being a potential bottleneck for traffic, causing ‘stopped’ vehicles to appear ‘parked’.
Thus, the Defendant believes the parking area at High Point Village is being exploited for monetary purposes, as a trap for unsuspecting drivers; or drivers who are unable to determine the used capacity of the parking area from outside the land managed by Parking Control Management UK Limited.
The Claimant states the Defendant agreed to settle the PCN within 28 days of issue, which is not factual. Drawing on all points raised above, the Defendant claims no liability for the amount requested by the Claimant.

Would be great for a bit of feedback!

Thanks

Coupon-mad

Who is the Claimant? PCM?

And which solicitor firm?
Gladstones? or Moorside Legal?