PCN County Court Claim Defence Advice

MW33

Thank you Gr1pr for noticing the error in my draft paragraph 3, I think the date (23/06/2020) was in another thread/post which I think led to the wording or parts of the wording being used in the template defence paragraph 3 on the 'newbie' thread which I copied for my draft. Coupon-mad subsequently used the date from my draft when compiling a new version of paragraph 3 based on my circumstances. My apologies to both of you for that error, hopefully I would have noticed this when reviewing my whole defence prior to submission. For clarity, the alleged date of my contravention was 02/04/2024 with the date of the PCN being 10/04/2024.
Once again many thanks. 

MW33

Apologies again, hopefully one final post before I submit my defence.

Two parts of the suggested paragraph 3.1 for my particular set of circumstances refer to me being incorrectly cited as the registered keeper, as follows if I understand correctly:-

"the mechanic is the keeper (POFA Schedule 4 definition) and he is in charge of the keys, vehicle and any insurance considerations and he drives the car to his unit".

"- how they believe they have any cause of action in circumstances where the registered keeper Defendant was neither keeper nor driver".

As a result of adding the above to my defence should I now amend the wording I originally intended to use for paragraph 2? I originally retained the template wording for the first part of the final sentence of paragraph 2, being, "However, the vehicle is recognised and it is admitted that the Defendant was the registered keeper" with me amending the wording of the last part of the final sentence of paragraph 2, being, "but the Defendant doesn’t know who was driving the vehicle", which I have said because although I know I didn't drive the vehicle at the start of the alleged contravention I am almost certain I was at the end of the alleged period of contravention so I can't truthfully state I wasn't driving for the alleged contravention.

To summarise, do I change "However, the vehicle is recognised and it is admitted that the Defendant was the registered keeper" because of the two pieces of wording now in paragraph 3.1 arguing that I am not the keeper? Perhaps to:-
However, the vehicle is recognised although it is not admitted that the Defendant was the registered keeper.

Many thanks once again.

Coupon-mad

Two parts of the suggested paragraph 3.1 for my particular set of circumstances refer to me being incorrectly cited as the registered keeper,

No they don't. You are the rk. Do not change anything.

 I am almost certain I was at the end of the alleged period of contravention so I can't truthfully state I wasn't driving for the alleged contravention.

Incorrect. It is the person who drove in and PARKED who could be bound by any contract. Not the person who drove out.

MW33

Many thanks for your prompt response, again I am very grateful, apologies for my misunderstanding and thanks for providing the clarification.

MW33

Hello
Just an update.

I have received from the court (CNBC) the form N180 Directions Questionnaire and I'm about to complete and return it today. I am determined to win this case for myself and for yourselves for all the good and hard work you do so you can add another win to your already impressive statistics.

I have checked on here for advice to ensure I complete the form without any weakness on my side, particularly for responses to questions D1 (determination without a hearing) F1 (Venue) and just wanted to ask you if there is anything you want me to include to improve my chances. For my response to D1 I was going to use the advice given in a 2023 thread:-

https://forums.moneysavingexpert.com/discussion/6463785/how-to-fill-in-directions-questionnaire-small-claims-track

Advice provided by YankeeBrit

N180 D1 response

I am not content for the case to be heard 'on the papers' because that seems to disproportionately give an advantage to a legally represented party. I feel strongly after all these years of intimidating demands from this aggressive parking firm and its agents, that I need a voice at an attended hearing.  

I wish to question the Claimant about their evidence at a hearing in person and to expose omissions and any misleading or incorrect evidence or assertions. 

Given the Claimant is a firm who complete cut & paste parking case paperwork for a living, having this case heard solely on papers would appear to put the Claimant at an unfair advantage, especially as they would no doubt prefer the Defendant not to have the opportunity to expose the issues in the Claimants template submissions or speak as the only true witness to events in question.

Regarding F1, the venue, I've seen comments about using courts where a greater number of favourable decisions have been made for the defendant than perhaps other venues but I haven't been able to find the information on which courts are top of the stats. I live in the midlands and I'm prepared to go a fair distance if it might help me, do you have any information on courts or does it not matter?

Many thanks once again

Le_Kirk

I believe that the question is: -

At which County Court hearing centre would you prefer the small claims hearing to take place and why?

therefore, if you live in Land's End and you ask for a court in, say, Preston, you would have to have a very good reason, other than, "I've heard judges in this court are hard on claimants and go easy on defendants"  I've read posts where defendants pick a court that is not near their home address and say "it is close to where I work" .  People have been avoiding Cardiff and choosing Bristol.  I've read that District Judge Iyer (Manchester) is fair in parking cases.  You could do your own research by using the forum search facility.

MW33

Hello Le_Kirk

Many thanks for your response, I did think requesting a court some distance from where you live might raise suspicion but I came across a comment about potentially more favourable courts for defending a PCN which is why I thought I'd ask, I  did also search for information on potential courts but I didn't find any so I will simply request nearest to me.

Did you have any thoughts on my comments about questions D1 (determination without a hearing)?

Many thanks

Coupon-mad

It's fine. Get the N180 filed & served by email.

While your case is quiet, we ask you pleeease to respond to the Public Consultation which is now open for August.

What parking operators do is is a national disgrace and a drain on Society, in terms of money and anxiety. If you want to be part of the push to change things in future, it's very important that people like you tell the Government that:

a) you have no faith in POPLA or the IAS and that there must be a SINGLE APPEALS SERVICE that people trust. The sector is crying out for an independent and impartial appeals service - not two involved in a race to the bottom - that will give a real option to resolve disputed cases out of court. 

b).  THE ENRICHMENT OF 'DEBT RECOVERY FEES' MUST BE COMPLETELY BANNED. CASES ARE NOT SOLVED BY DEMANDING MORE MONEY AND OFFERING A 'PAYMENT PLAN' THAT ONLY THE VULNERABLE PAY. DRAS LIKE DCB LEGAL MAKE NO MONEY IF THEY HANDLE DISPUTES IN THE SPIRIT OF THE APPEALS CHARTER, WHICH IS WHY THEY ALWAYS PLOUGH ON TO COURT CLAIMS AND CCJs, RATHER THAN OFFERING REAL RESOLUTION AT PRE-ACTION STAGE. THEY OFFER NOTHING, NO LEGITIMATE OPTION TO KEEP CASES OUT OF COURT.

c). Tell them about your experience and the complete and utter waste of court resources caused on a grand scale by DCB Legal. If there had been an ADR you'd have used it, etc.

Responses are invited to the Consultation now:

https://forums.moneysavingexpert.com/discussion/6617396/parking-code-of-practice-consultation-8-weeks-from-11th-july-2025/p1

Do it this month pleeease!

We will discuss it further next week on that thread if you want ideas.

MW33

Hello Coupon-mad

Many thanks for your response, I will get my N180 in tomorrow.

I certainly will add my experience to the public consultation and use your suggested input. I find it hard to believe the Government hasn't put a stop to this bulk litigation well before now. It should be clear what the parking companies are doing and it makes me really annoyed that they can get away with wasting so much court services time when it is clearly badly needed for more important things. If you add up the amount of time I have spent on this and the time of good helpful people such as yourself it would be dozens of hours not to mention the concern and anxiety not being sure if I will get justice as one can never be sure in such circumstances.

Many thanks once again and I will keep my post updated.

MW33

Hello

Update

I have returned my N180 well before the required date.

I have made a contribution to the private parking code of practice consultation including the points you asked me to raise, along with many others and including my experiences which included a previous one which I didn't need to raise on this forum. The parking company made an error and issued me a PCN when I had a parking fee ticket/receipt covering the period they said I hadn't paid, prior to registration input requirement so not applicable.. They still continued with the debt recovery letters despite my proof and then dropped it prior to court process after I assume they looked at my proof!