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Court Claim PCN

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WinWin
WinWin Posts: 63 Forumite
in Parking tickets, fines & parking
Hi all, newbie here. I have been reading the informative threads here. thank you.

I have acknowledged receipt of service with MCOL. (Private land PCN) Would like some info in laymens terms :) re defence on keeper liability or possible other defence avenues. if anyone could direct me or better, private message. thank you
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Comments

  • Umkomaas
    Umkomaas Posts: 41,348 Forumite
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    NEWBIES FAQ sticky, post #1 to understand keeper liability. Also read Schedule 4 of PoFA 2012.

    http://www.legislation.gov.uk/ukpga/2012/9/schedule/4/enacted

    NEWBIES FAQ sticky, post #2 to help you through the court processes you now face.

    Also do a forum search on '[Name of your PPC] defence' will bring up related posts for you to study.
    Please note, we are not a legal advice forum. I personally don't get involved in critiquing court case Defences/Witness Statements, so unable to help on that front. Please don't ask. .

    I provide only my personal opinion, it is not a legal opinion, it is simply a personal one. I am not a lawyer.

    Give a man a fish, and you feed him for a day; show him how to catch fish, and you feed him for a lifetime.

    Private Parking Firms - Killing the High Street
  • waamo
    waamo Posts: 10,298 Forumite
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    Whilst you may prefer a private message I would strongly suggest it isn't that good an idea. Firstly parking companies monitor this forum. Do you really want a parking company writing your defence?

    Secondly it is much better to have multiple sets of eyes reviewing what you've written. The ppc will get to see it very soon after we do so there is no milage in the final version being secreet.
  • nosferatu1001
    nosferatu1001 Posts: 12,961 Forumite
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    Indeed, many eyes is much better

    Give us more details. Do not reveal the driver. Was any appeal made to the PPC?
  • WinWin
    WinWin Posts: 63 Forumite
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    Thank you for your responses. Didn't see earlier although looking out for them on the icon. sorry newbie here.

    No appeal sent to PPC.
    One letterhead with photo, they mention overstay in wording but whole time parked instead of overstay is shown in parking charge details box on letterhead(so looks as it whole time is accused).

    Court Claim form reads:
    "The driver of the vehicle reg........... ('the vehicle') incurred the parking charge(s) on ........./17 for breaching the terms of parking on the land at ...........
    The Defendant was driving the vehicle and/or is the keeper of the vehicle.
    AND THE CLAIMANT CLAIMS
    £160 for Parking Charges/Damages and indemnity costs if applicable, together with interest of £..... pursuant to s69 of The County Courts Act 1984 at 8% pa, continuing to Judgment at £..... per day.

    Was ticket machine where u enter reg. no.(I do not have my original ticket now). Was £1 per hour.

    Many thanks
  • nosferatu1001
    nosferatu1001 Posts: 12,961 Forumite
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    OK, so you have a Gladstones claim - from those !!!! PoC - so you need to have already found the literal DOZENS of gladstones defences on here

    They all start with a preliminary matters section which attack the PoC for being terrible
    Youre looking ONLY at 2017 defences.

    Show us your proposed defence ASAP. Tell us your ISSUE DATE as, now ack'd, you have a total of 33 days for the court to receive your printed, signed, scanned and EMAILED defence.
  • WinWin
    WinWin Posts: 63 Forumite
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    I did receive a Gladstones letter after first letter from PPC now preparing defence. thank you for your reply
  • WinWin
    WinWin Posts: 63 Forumite
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    also received no reply from Gladstones to request for more information
  • Coupon-mad
    Coupon-mad Posts: 131,681 Forumite
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    Show us your defence like everyone else does after reading the NEWBIES thread post #2. Your case is exactly like most other Gladstones claims, so you can read loads of threads and pick up what to include, with just a couple of hours of research.
    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
  • WinWin
    WinWin Posts: 63 Forumite
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    Hi all, sorry havn't disappeared. Putting together defence. Wondering about the response times. Can someone confirm the times PCN to be posted etc from date of parking? not sure if this is a relevant point at this time.
    Thank you
  • WinWin
    WinWin Posts: 63 Forumite
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    Would I need to include defence re new signage, not sure as was overstay so I see signage although not immediately. Overstay was roughly half an hr as had to feed and change my child before i realised i had overstayed?
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