PCN Proceed to Court

lollipop320

We have a PCN problem and have followed advice gven. We have received paperwork etc and filled in our defence to court. The legal company has come back and  said they wish to proceed to court.  We have evidence on a bank statement that we paid the fees, can we tell them we have this evidence before they take us to court and possibly not even get to court ? The fees were paid via a ticket machine by entering your reg no on leaving the car park as per their signage. 

ChirpyChicken

no that isnt relevant at this stage, follow the guidance 

D_P_Dance

Let them pay the court fees before you drop that bomb on them.

Coupon-mad

lollipop320 said:

We have a PCN problem and have followed advice given.

We have received paperwork etc and filled in our defence to court.

The legal company has come back and  said they wish to proceed to court.

We have evidence on a bank statement that we paid the fees, can we tell them we have this evidence before they take us to court and possibly not even get to court ? The fees were paid via a ticket machine by entering your reg no on leaving the car park as per their signage. 

You don't have any problem here. This is all following its normal course and clearly this is something you can say at Mediation phone call stage.

Don't offer money. Do NOT settle.

Which solicitor firm?

Which PPC?

savergrant

lollipop320 said:

We have a PCN problem and have followed advice gven. We have received paperwork etc and filled in our defence to court. The legal company has come back and  said they wish to proceed to court.  We have evidence on a bank statement that we paid the fees, can we tell them we have this evidence before they take us to court and possibly not even get to court ? The fees were paid via a ticket machine by entering your reg no on leaving the car park as per their signage. 

Do you mean you paid for your parking then walked back to your car and drove away? If so, how long after paying did you actually leave? Did the machine give you any sort of receipt? A bank statement is unlikely to prove your registration.
What is the reason for the pcn?

lollipop320

Its Dcb legal, PPC is Parkmaven.
The ticket machine was a 2 minute walk from the car we left car park approx 10 mins after paying.  The car park has a evening entertainment rate which is valid from 5pm till 2am so as long as you have left before 2am its £9. No receipt, we know the statement doesn't  prove the reg but it proves the owner paid for parking that night. The pcn issue reason is no valid parking session, it states the time we arrived and the time we left with photos. We are not disputing we were there or the timings.

 We did not receive the original pcn because the dvla had not been notified of a change of address, which we know is completely our fault  and we are lucky we haven't been fined so we didn't know anything about the original pcn and by the time we did we couldn't dispute it and it had already been passed to Dcbl

Coupon-mad

Right, so at mediation you can say you want to know from the Claimants, if a close match VRM payment of £9 is on the list of payments made by card, because it can only be a typo.

As such, you could offer a tenner but say you want proof of the unmatched VRMs that were input that day, if they are saying it isn't a 'keying error'.  Because clearly it was and there has been no loss.

lollipop320

Thank you that's sounds like good advice I was wondering if something like that was possible, to check their system for a payment that was not matched

lollipop320

Just to keep any interested parties informed we have now received the N180 it has to be returned by 23rd April so we,ve got to be care because of the up coming bank holidays. Can I please check that its ok to nominate someone else other than the defendant to talk to the mediator because the defendant is extremely anxious about the whole situation. The person who will take the call is fully u pto date with the situation. 

Gr1pr

Yes the Defendant can nominate a spokesperson to act on their behalf,  although all that is needed is a 5 minute phone call,  where they offer  £zero  , no compromise,  no accepting any offers  ( nothing to do with the case itself,  just refusing to compromise by offering £0  !  Or possibly offering £10 to end the case,  if accepted  )

The person taking the call doesn't need to be up to date with the situation,  just how to say NO, NO OFFERS, for 5 minutes

Check the advice in the newbies sticky thread in announcements near the top of the forum,  second post 

The defendant can email the completed N180 DQ document to the DQ email address listed in the defence template thread,  checking for the email auto response in their inbox and spam folders

lollipop320

It was mentioned previously to offer £10  but say we want proof of the unmatched VRMs that were input that day, if they are saying it isn't a 'keying error'.  They haven't said there wasn't a "keying error" because as yet they don't know we have a payment on a statement. It was suggested on another help website that we don't mention the payment until the witness statement, but should it be mentioned during the mediation conversation ?