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  • FIRST POST
    • mary6157
    • By mary6157 12th Oct 18, 1:52 PM
    • 11Posts
    • 1Thanks
    mary6157
    county court summons
    • #1
    • 12th Oct 18, 1:52 PM
    county court summons 12th Oct 18 at 1:52 PM
    Hi,

    I have received a
    MCOL claim form for a parking ticket issued on 20/08/16. Ihave acknowledged service of the summons and have stated my intention to defend all of the claim.
    The circumstances are:
    vehicle was parked at pub car park in a parking bay and did not see any signage indicating there was a charge for parking.
    I have ignored all the letters I have received following advice from a friend and have now received the summons.
    The company is Parking Awareness Services and they are represented by BW legal.
    I have read all the advice in the "Newbies post" and am looking for some advice as to how to build my defence.


    I will try and post some photos I have recently taken of the car park and signs.

    I am grateful for any advice.

    The cost of the claim is 258.02.
    I will also post a copy of the claim form.
    Last edited by mary6157; 12-10-2018 at 2:36 PM.
Page 1
  • archived user
    • #2
    • 12th Oct 18, 2:06 PM
    • #2
    • 12th Oct 18, 2:06 PM
    I parked at a pub car park in a parking bay and did not see any signage indicating there was a charge for parking.
    Pay and Display are difficult ones to defend though there have been one or two PAS claims defended as their signs are really bad.

    Though it is normal for PAS to have to make the running on most claims, with non-payment claims it is better for the defendant to do the work by providing pics of the car park / missing signs. Can you do that?

    You might want to search the forum to see if the car park comes up and someone has pics you can use.
    • Quentin
    • By Quentin 12th Oct 18, 2:08 PM
    • 39,256 Posts
    • 23,213 Thanks
    Quentin
    • #3
    • 12th Oct 18, 2:08 PM
    • #3
    • 12th Oct 18, 2:08 PM
    Throughout here you are advised never to reveal who was driving

    You need to edit your post to remove details of who was driving

    If you have used your real name as your forum name then ask MSE to change it to something completely anonymous

    The Ppcs monitor this forum and can use your posts against you

    #2 in the newbies FAQ thread covers Court claims and how to defend them

    Construct your draft defence and post it here for comments before sending it
    Last edited by Quentin; 12-10-2018 at 2:11 PM.
    • mary6157
    • By mary6157 12th Oct 18, 2:09 PM
    • 11 Posts
    • 1 Thanks
    mary6157
    • #4
    • 12th Oct 18, 2:09 PM
    photos
    • #4
    • 12th Oct 18, 2:09 PM
    I do have photos but I don't seem to be able to add them to this post.
    • Redx
    • By Redx 12th Oct 18, 2:09 PM
    • 22,592 Posts
    • 28,699 Thanks
    Redx
    • #5
    • 12th Oct 18, 2:09 PM
    • #5
    • 12th Oct 18, 2:09 PM
    edit post #1 and remove any hint of who was driving on the day (hint , it was the DRIVER)

    and its not a "summons" either , it is an MCOL from Northampton CCBC

    a summons is for criminal charges, not civil disputes

    host photos on tinypic and add a dead URL to them, by changing http to hxxp

    also post the DATE OF ISSUE and the POC from the claim form below


    also read this thread for inspiration


    https://forums.moneysavingexpert.com/showthread.php?t=5904070
    Last edited by Redx; 12-10-2018 at 2:14 PM.
    Newbies !!
    Private Parking ticket? check the 2 sticky threads by coupon-mad and crabman in the Parking Tickets, Fines & Parking Board forum for the latest advice or maybe try pepipoo or C.A.G. or legal beagles forums if you need legal advice as well because this parking forum is not about debt collectors or legal matters per se
    • KeithP
    • By KeithP 12th Oct 18, 2:11 PM
    • 15,214 Posts
    • 17,694 Thanks
    KeithP
    • #6
    • 12th Oct 18, 2:11 PM
    • #6
    • 12th Oct 18, 2:11 PM
    What is the Date of Issue on your Claim Form?
    .
    • mary6157
    • By mary6157 12th Oct 18, 2:27 PM
    • 11 Posts
    • 1 Thanks
    mary6157
    • #7
    • 12th Oct 18, 2:27 PM
    • #7
    • 12th Oct 18, 2:27 PM
    [IMG]hxxp://i.postimg.cc/1zwR0c2s/photo5.jpg[/IMG]

    not sure if this worked but tried to upload claim form
    • mary6157
    • By mary6157 12th Oct 18, 2:28 PM
    • 11 Posts
    • 1 Thanks
    mary6157
    • #8
    • 12th Oct 18, 2:28 PM
    date of issue
    • #8
    • 12th Oct 18, 2:28 PM
    date of issue is 27/09/18
    • Redx
    • By Redx 12th Oct 18, 2:32 PM
    • 22,592 Posts
    • 28,699 Thanks
    Redx
    • #9
    • 12th Oct 18, 2:32 PM
    • #9
    • 12th Oct 18, 2:32 PM
    [IMG]hxxp://i.postimg.cc/1zwR0c2s/photo5.jpg[/IMG]

    not sure if this worked but tried to upload claim form
    Originally posted by mary6157

    live link to a car park photo (not a claim form)


    https://postimg.cc/xkjSnH94


    edit post #1 to say MCOL, not "summons", there is no summons in your case


    post the POC too
    Newbies !!
    Private Parking ticket? check the 2 sticky threads by coupon-mad and crabman in the Parking Tickets, Fines & Parking Board forum for the latest advice or maybe try pepipoo or C.A.G. or legal beagles forums if you need legal advice as well because this parking forum is not about debt collectors or legal matters per se
    • KeithP
    • By KeithP 12th Oct 18, 2:35 PM
    • 15,214 Posts
    • 17,694 Thanks
    KeithP
    date of issue is 27/09/18
    Originally posted by mary6157
    With a Claim Issue Date of 27th September, and having done the Acknowledgement of Service in a timely manner, you have until 4pm on Tuesday 30th October 2018 to file your Defence.

    That's over two weeks away. Plenty of time to produce a top class Defence, but don't leave it to the last minute.


    When you are happy with the content, your Defence should be filed via email as described here:

    1) Print your Defence.
    2) Sign it and date it.
    3) Scan the signed document back in and save it as a pdf.
    4) Send that pdf as an email attachment to CCBCAQ@Justice.gov.uk
    5) Just put the claim number and the word Defence in the email title, and in the body of the email something like 'Please find my Defence attached'.
    6) Log into MCOL after a few days to see if the Claim is marked "defended". If not chase the CCBC until it is.
    7) Wait for your Directions Questionnaire and then re-read post #2 of the NEWBIES thread to find out exactly what to do with it.
    Last edited by KeithP; 12-10-2018 at 2:37 PM.
    .
    • mary6157
    • By mary6157 12th Oct 18, 2:35 PM
    • 11 Posts
    • 1 Thanks
    mary6157
    [IMG][IMG]hxxp://i63.tinypic.com/b3r800.jpg[/IMG][/IMG]
    • Redx
    • By Redx 12th Oct 18, 2:41 PM
    • 22,592 Posts
    • 28,699 Thanks
    Redx
    that last pic, needs more work , so take it down first

    blank out the claim form ref no , the VRM of the vehicle, and also the MCOL login password reference too
    Newbies !!
    Private Parking ticket? check the 2 sticky threads by coupon-mad and crabman in the Parking Tickets, Fines & Parking Board forum for the latest advice or maybe try pepipoo or C.A.G. or legal beagles forums if you need legal advice as well because this parking forum is not about debt collectors or legal matters per se
    • mary6157
    • By mary6157 12th Oct 18, 2:41 PM
    • 11 Posts
    • 1 Thanks
    mary6157
    [IMG][IMG]hxxp://i64.tinypic.com/30w3z9y.jpg[/IMG][/IMG]

    [IMG][IMG]hxxp://i65.tinypic.com/2meveah.jpg[/IMG][/IMG]

    [IMG][IMG]hxxp://i64.tinypic.com/av2nt.jpg[/IMG][/IMG]
    • Redx
    • By Redx 12th Oct 18, 2:44 PM
    • 22,592 Posts
    • 28,699 Thanks
    Redx
    signage pics


    http://tinypic.com/view.php?pic=2meveah&s=9#.W8CzLPZRdPY


    http://tinypic.com/view.php?pic=av2nt&s=9#.W8CzUfZRdPY
    Newbies !!
    Private Parking ticket? check the 2 sticky threads by coupon-mad and crabman in the Parking Tickets, Fines & Parking Board forum for the latest advice or maybe try pepipoo or C.A.G. or legal beagles forums if you need legal advice as well because this parking forum is not about debt collectors or legal matters per se
    • mary6157
    • By mary6157 12th Oct 18, 2:51 PM
    • 11 Posts
    • 1 Thanks
    mary6157
    [IMG][IMG]hxxp://i64.tinypic.com/256si0k.jpg[/IMG][/IMG]
    claim form with details blanked out
    • mary6157
    • By mary6157 12th Oct 18, 2:52 PM
    • 11 Posts
    • 1 Thanks
    mary6157
    Thanks
    Thanks for all your prompt replies.
    I will go and draft my defence and post back on this thread when complete.

    Really grateful for your help so far.
    • Redx
    • By Redx 12th Oct 18, 2:53 PM
    • 22,592 Posts
    • 28,699 Thanks
    Redx
    [IMG][IMG]hxxp://i64.tinypic.com/256si0k.jpg[/IMG][/IMG]
    claim form with details blanked out
    Originally posted by mary6157
    that seems ok

    redacted claim form

    http://tinypic.com/view.php?pic=256si0k&s=9#.W8C1O_ZRdPY
    Newbies !!
    Private Parking ticket? check the 2 sticky threads by coupon-mad and crabman in the Parking Tickets, Fines & Parking Board forum for the latest advice or maybe try pepipoo or C.A.G. or legal beagles forums if you need legal advice as well because this parking forum is not about debt collectors or legal matters per se
    • The Deep
    • By The Deep 12th Oct 18, 3:01 PM
    • 13,433 Posts
    • 13,783 Thanks
    The Deep
    This is an entirely unregulated industry which is scamming the public with inflated claims for minor breaches of contracts for alleged parking offences, aided and abetted by a handful of low-rent solicitors.

    Parking Eye, CPM, Smart, and another company have already been named and shamed, as has Gladstones Solicitors, and BW Legal, (these two law firms take hundreds of these cases to court each year). They lose most of them, and have been reported to the regulatory authority by an M.P.
    for unprofessional conduct

    Hospital car parks and residential complex tickets have been especially mentioned.

    The problem has become so rampant that MPs have agreed to enact a Bill to regulate these scammers. Watch the video of the Second Reading in the House of Commons recently

    http://parliamentlive.tv/event/index/2f0384f2-eba5-4fff-ab07-cf24b6a22918?in=12:49:41 recently.

    and complain in the most robust terms to your MP. With a fair wind they will be out of business by Christmas.
    You never know how far you can go until you go too far.
  • archived user
    I'd like to offer an alternative to the "hide the driver" arguments suggested by Quentin and Red-x.

    It does work sometimes but most time it doesn't. See #2 in my signature for what can happen.

    A judge has a couple of bear traps he can lay for the unwary. The first is "balance of probabilities" (BoP) which gives him/her free reign to decide who was driving. And in one court you are made to swear an oath to say you were not driving.

    The second trap is "adverse inference" which is where a judge is allowed to penalise a party if they feel they are being untruthful or hiding something.

    In this case, if you hide the driver, it is perfectly possible for a judge to decide on BoP that you were the driver and the signs were clear by taking adverse inference from an unwillingness to be open about the issues.

    But as always, free advice should be judged by its price.
    • Redx
    • By Redx 12th Oct 18, 3:35 PM
    • 22,592 Posts
    • 28,699 Thanks
    Redx
    a very good set of legal points there

    I am only advising the OP to edit post #1 etc and the pictures in order to protect themselves from anyone using their posts on here against them

    BUT, when it comes down to their DEFENCE, then as stated the OP has a choice to make


    1) either they defend as KEEPER and not reveal who was driving and rely on POFA2012 etc (this strategy may come unstuck in the manner described by Iamemanresu above)

    OR

    2) they defend as driver and can attest to what happened on the day when no signage was seen (but is present in the photos on tinypic)




    only the OP can decide which defence strategy to go for

    and in some cases it is better to have a defence as the driver , so needs careful consideration

    I am not legally qualified to make that choice, but I do believe that people should be careful what they write on public forums at the outset
    Newbies !!
    Private Parking ticket? check the 2 sticky threads by coupon-mad and crabman in the Parking Tickets, Fines & Parking Board forum for the latest advice or maybe try pepipoo or C.A.G. or legal beagles forums if you need legal advice as well because this parking forum is not about debt collectors or legal matters per se
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