IMPORTANT: Please make sure your posts do not contain any personally identifiable information (both your own and that of others). When uploading images, please take care that you have redacted all personal information including number plates, reference numbers and QR codes (which may reveal vehicle information when scanned).
We're aware that some users are experiencing technical issues which the team are working to resolve. See the Community Noticeboard for more info. Thank you for your patience.
📨 Have you signed up to the Forum's new Email Digest yet? Get a selection of trending threads sent straight to your inbox daily, weekly or monthly!

Urgent help required Defending County Court Claim for M1 Services Parking fine

Options
PCN issued 10/07/24
I did not receive the original letter which was sent to the old address where car is registered. My licence has been updated for new address but no the car V5c (log book). We moved in Aug 2020 from that address.

Claim was issued on 12 March. Acknowledgement of Services was filed 30 March so near the deadline now.

Is it valid defence that I did not recipe the original PCN and offer of reduce payment. If not what could be the valid defence in this case. I want to file the defence via MPOL website today. Hope that's ok?

 Many thanks.
«1

Comments

  • Zak111
    Zak111 Posts: 14 Forumite
    Fifth Anniversary 10 Posts
    Sorry correction: the acknowledgement of service was 01 April
  • Gr1pr
    Gr1pr Posts: 7,989 Forumite
    1,000 Posts First Anniversary Photogenic Name Dropper
    edited 14 April at 5:08PM
    Zak111 said:
    PCN issued 10/07/24
    I did not receive the original letter which was sent to the old address where car is registered. My licence has been updated for new address but no the car V5c (log book). We moved in Aug 2020 from that address.

    Claim was issued on 12 March. Acknowledgement of Services was filed 30 March so near the deadline now.

    Is it valid defence that I did not recipe the original PCN and offer of reduce payment. If not what could be the valid defence in this case. I want to file the defence via MPOL website today. Hope that's ok?

     Many thanks.
    No it's not,  the obligation was on the RK to update the dvla and V5c logbook promptly 

    Not receiving paperwork is no defence 

    Study the newbies sticky thread in announcements,  second post 

    You may well have to cut down a defence template and submit it on MCOL ASAP,  your deadline was over an hour ago 

    Name the parking company and the lawyers below,  and post a redacted picture of the POC on the lower left of the claim form after hiding the VRM details first 
  • Zak111
    Zak111 Posts: 14 Forumite
    Fifth Anniversary 10 Posts
    Gr1pr said:
    Zak111 said:
    PCN issued 10/07/24
    I did not receive the original letter which was sent to the old address where car is registered. My licence has been updated for new address but no the car V5c (log book). We moved in Aug 2020 from that address.

    Claim was issued on 12 March. Acknowledgement of Services was filed 30 March so near the deadline now.

    Is it valid defence that I did not recipe the original PCN and offer of reduce payment. If not what could be the valid defence in this case. I want to file the defence via MPOL website today. Hope that's ok?

     Many thanks.
    No it's not,  the obligation was on the RK to update the dvla and V5c logbook promptly 

    Not receiving paperwork is no defence 

    Study the newbies sticky thread in announcements,  second post 

    You may well have to cut down a defence template and submit it on MCOL ASAP,  your deadline was over an hour ago 

    Name the parking company and the lawyers below,  and post a redacted picture of the POC on the lower left of the claim form after hiding the VRM details first 
    Is there a link that you can please provide for that thread?
  • Gr1pr
    Gr1pr Posts: 7,989 Forumite
    1,000 Posts First Anniversary Photogenic Name Dropper
    We dont provide links to announcements,  which are located above your thread at the top of the forum,  below the yellow information banners provided by MSE admin staff 

    You click on the 3rd thread down from the top,  the newbies sticky thread,  stuck up there 

    Frankly,  new members should be studying the information on here before posting,  including the rules set by this website,  plus the required reading of those important announcements too

    So no links, not to readily accessible information threads or banners 
  • Zak111
    Zak111 Posts: 14 Forumite
    Fifth Anniversary 10 Posts
    So below the yellow banners. I cannot see anything. Not sure if it's my screen. Sorry to be totally dumb. Please can you help? Is it within forum rules?
  • Gr1pr
    Gr1pr Posts: 7,989 Forumite
    1,000 Posts First Anniversary Photogenic Name Dropper
    Try clicking on Categories,  Motoring, Parking tickets, fines and parking,  getting away from the large welcome newbie screen shown above 
  • Zak111
    Zak111 Posts: 14 Forumite
    Fifth Anniversary 10 Posts
    Gr1pr said:
    Try clicking on Categories,  Motoring, Parking tickets, fines and parking,  getting away from the large welcome newbie screen shown above 
    Thanks for this. These are various cases where the appeal has been succeful ordered. Would basing the appeal that "The Operator has not demonstrated that theyhave authority to issue parking charge notices" work?
  • Zak111
    Zak111 Posts: 14 Forumite
    Fifth Anniversary 10 Posts
    edited 14 April at 6:39PM
    Gr1pr said:
    Zak111 said:
    PCN issued 10/07/24
    I did not receive the original letter which was sent to the old address where car is registered. My licence has been updated for new address but no the car V5c (log book). We moved in Aug 2020 from that address.

    Claim was issued on 12 March. Acknowledgement of Services was filed 30 March so near the deadline now.

    Is it valid defence that I did not recipe the original PCN and offer of reduce payment. If not what could be the valid defence in this case. I want to file the defence via MPOL website today. Hope that's ok?

     Many thanks.
    No it's not,  the obligation was on the RK to update the dvla and V5c logbook promptly 

    Not receiving paperwork is no defence 

    Study the newbies sticky thread in announcements,  second post 

    You may well have to cut down a defence template and submit it on MCOL ASAP,  your deadline was over an hour ago 

    Name the parking company and the lawyers below,  and post a redacted picture of thePOC on the lower left of the claim form after hiding the VRM details first 
    Please see attached. Where do  i find the template to complete?




  • Gr1pr
    Gr1pr Posts: 7,989 Forumite
    1,000 Posts First Anniversary Photogenic Name Dropper
    edited 14 April at 6:46PM
    Too late for any appeals, that ship sailed long ago,  you are going to be defending a small claim as the defendant by submitting a defence,  as seen in the defence template thread above the newbies thread in the thread listing 

    But its too big to fit in the MCOL start defence box, plus doing so destroys the formatting,  so it will need suitable editing in order to fit it online,  2 quirks of the outdated system they currently use

    You still haven't named the Parking company claimant or their lawyers,  despite me asking earlier 
  • Coupon-mad
    Coupon-mad Posts: 151,289 Forumite
    Part of the Furniture 10,000 Posts Name Dropper Photogenic
    Zak111 said:
    Gr1pr said:
    Try clicking on Categories,  Motoring, Parking tickets, fines and parking,  getting away from the large welcome newbie screen shown above 
    Thanks for this. These are various cases where the appeal has been succeful ordered. Would basing the appeal that "The Operator has not demonstrated that theyhave authority to issue parking charge notices" work?
    No there aren't.

    Why are you reading the wrong thing? You aren't appealing a PCN!

    YOU ARE DEFENDING A CLAIM FORM,

    DO NOT PUT IN AN APPEAL!

    Read the TEMPLATE DEFENCE thread and just use the first half of the one linked in the FIRST POST for ParkingEye/DCB Legal cases.

    It'll take you about ten minutes to add your own facts as paragraph 6.

    Do it now. Do nothing else.


    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
Meet your Ambassadors

🚀 Getting Started

Hi new member!

Our Getting Started Guide will help you get the most out of the Forum

Categories

  • All Categories
  • 350.8K Banking & Borrowing
  • 253K Reduce Debt & Boost Income
  • 453.5K Spending & Discounts
  • 243.8K Work, Benefits & Business
  • 598.6K Mortgages, Homes & Bills
  • 176.8K Life & Family
  • 257K Travel & Transport
  • 1.5M Hobbies & Leisure
  • 16.1K Discuss & Feedback
  • 37.6K Read-Only Boards

Is this how you want to be seen?

We see you are using a default avatar. It takes only a few seconds to pick a picture.