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PPS - dark car park

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  • Coupon-mad
    Coupon-mad Posts: 131,760 Forumite
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    Yes that sounds good, or something like 'purported windscreen PCN that was conspicuous by its absence in the data provided by the Claimant, in response to a subject access request on xx.xx.18'.
    PRIVATE 'PCN'? DON'T PAY BUT DON'T IGNORE IT (except N.Ireland).
    CLICK at the top of this/any page where it says:
    Forum Home»Motoring»Parking Tickets Fines & Parking - read the NEWBIES THREAD
  • DammitChloe
    DammitChloe Posts: 43 Forumite
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    I was trying to cover my bases but keep it subtle, bearing in mind the comments earlier on this thread. Decisions, decisions, which way to play it!
  • DammitChloe
    DammitChloe Posts: 43 Forumite
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    I notice on a thread very similar to mine, with a paragraph pretty much the same as my no. 4, Coupon now advises adding the Greenslade comment. I presume it would also work here if I add 'There is no ‘reasonable presumption’ in law that the registered keeper of a vehicle is the driver'? Is that sufficient to be able to expand on at WS stage if I don't reference him by name now? I'm guessing the principle still applies even though he was referring to POPLA.
  • Coupon-mad
    Coupon-mad Posts: 131,760 Forumite
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    Yes that is sufficient; as long as it's touched upon in a defence you can expand in the WS.
    PRIVATE 'PCN'? DON'T PAY BUT DON'T IGNORE IT (except N.Ireland).
    CLICK at the top of this/any page where it says:
    Forum Home»Motoring»Parking Tickets Fines & Parking - read the NEWBIES THREAD
  • DammitChloe
    DammitChloe Posts: 43 Forumite
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    Perfect, thanks Coupon. In my line of business, a quotation without a reference induces a cold sweat!
  • Coupon-mad
    Coupon-mad Posts: 131,760 Forumite
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    Are you now awaiting allocation to your local court? Don't forget the next stages.
    PRIVATE 'PCN'? DON'T PAY BUT DON'T IGNORE IT (except N.Ireland).
    CLICK at the top of this/any page where it says:
    Forum Home»Motoring»Parking Tickets Fines & Parking - read the NEWBIES THREAD
  • ShakeItOff
    ShakeItOff Posts: 415 Forumite
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    DammitChloe, can I just thank you for your chain and info so far! I have been reading along as I'm another PPS recipient, and you have given me a lot of food for thought when I hopefully get the chance to submit a defence (currently in the limbo stages of waiting for my set aside application to arrive at NCCBC). I've bookmarked for the future!
    Debt Free by Xmas 2021 = £0/£6,500
    1p Challenge 2021 (TBC)
  • DammitChloe
    DammitChloe Posts: 43 Forumite
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    ShakeItOff wrote: »
    DammitChloe, can I just thank you for your chain and info so far! I have been reading along as I'm another PPS recipient, and you have given me a lot of food for thought when I hopefully get the chance to submit a defence (currently in the limbo stages of waiting for my set aside application to arrive at NCCBC). I've bookmarked for the future!
    You're welcome, that is how we all learn about dealing with these scammers. Good luck!
    Coupon-mad wrote: »
    Are you now awaiting allocation to your local court? Don't forget the next stages.
    Thanks for checking up on me Coupon, nice to see you back. Don't worry, I have no intention of taking my eye off the ball. Court has been allocated, and I'm in Bargepole territory so hopefully the judges around here have received the benefit of his wisdom! I've played a little email ping-pong with the solicitor - it's quite amusing reading the bullsh*t when you have been well educated by reading threads on here and elsewhere. They actually stated that the £60 is 'our recovery fee', so unless I'm very much mistaken, they are admitting to claiming a fee that is not recoverable in the Small Claims Court...
  • Coupon-mad
    Coupon-mad Posts: 131,760 Forumite
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    edited 7 August 2020 at 5:32PM
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    Yep, they change their tune about what the £60 represents.
    PRIVATE 'PCN'? DON'T PAY BUT DON'T IGNORE IT (except N.Ireland).
    CLICK at the top of this/any page where it says:
    Forum Home»Motoring»Parking Tickets Fines & Parking - read the NEWBIES THREAD
  • DammitChloe
    DammitChloe Posts: 43 Forumite
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    Coupon-mad wrote: »
    Yep, they change their tune about what the £60 represents.

    Also, doesn't the claim form already try to extract a further (also unrecoverable) £50 for legal costs in the box bottom right?

    Either way, neither was actually paid, so it doesn't exist. There was no recovery fee and there can be no legal costs in a robo-claim where no supervising solicitor has even looked at the case, one of millions handled by clerical staff, for which legal costs' cannot be claimed.

    It's good to be back here, but I needed a break.
    I don't have the paperwork to hand at the moment so I'm not sure of the exact wording but that sounds familiar. They say £50 is the fixed fee for issuing the claim under the CPR.

    Well, a change is supposed to be as good a rest but you looked pretty busy to me! To any newbies reading this, please be aware that the regulars on here and another similar site are amazing but incredibly busy. They were answering questions all over the Christmas and New Year period and handle dozens of posts every day, so try to do as much of your own research as you can, especially by reading the Newbies' Thread, to help them out.
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