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Fine for Paid Parking Ticket - HX Car Park

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reysham
reysham Posts: 79 Forumite
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in Parking tickets, fines & parking
I'm sure that there's a similar thread i can access but nothing is popping up and I'm dealing with a fractious baby so please bear with me:

HX Car Park Management Ltd have sent a PCN to the keeper of the vehicle demanding a payment of £100 for allegedly parking on their premises without paying for a ticket.

I have just opened the mail so have not had the chance to actually visit the premises and read any of the notices there, so this is a panic response.

The ticket was paid for, but binned during a monthly clean up! (I'm still going to have a good look in the hopes it's lurking around somewhere but...)

In addition, the photographic evidence shows the vehicle entering and leaving, with no time stamp, but I can see a white splodge in the second photo which could arguably be the ticket - is this me going too far?

I've read an article that states to first refuse to pay without using the word 'appeal' as this assumes liability, and to write 'Without prejudice'.

Am I doing the right thing following this advice?

Many thanks
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  • KeithP
    KeithP Posts: 37,648 Forumite
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    reysham wrote: »
    I've read an article that states to first refuse to pay without using the word 'appeal' as this assumes liability, and to write 'Without prejudice'.

    I don't know where you read that but I wouldn't follow it.

    Go to post #1 of the NEWBIES FAQ sticky thread and follow the advice in there.

    Send the blue text appeal found there.

    Send it without change - no additions or alterations necessary.

    Send it as the keeper.
  • reysham
    reysham Posts: 79 Forumite
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    Thank you.

    That's been emailed.

    Now to wait.
  • reysham
    reysham Posts: 79 Forumite
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    It's now April 2019. I have received, in date order:
    - parking charge notice (October.2018)
    - parking charge notice (October.2018)
    - final demand for payment (November.2018)
    - letter from solicitor, which says letter before claim (March 2019)
    - two letters from solicitor, which says letter before claim (February 2019)
    - claim form from county court (April 2019)

    I'm not sure if I should have responded to the letter before claim or if I'm now facing a huge fine! I know I should read the Newbies thread, and I have, but there's so much on there it's hard to separate.

    Help!

    Thank you
  • Le_Kirk
    Le_Kirk Posts: 22,315 Forumite
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    edited 10 April 2019 at 5:05PM
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    Go HERE and read, small bursts with cup of tea and plate of biccies. Specifically you need to do the AoS, use this to help you see how to do it, then read up about defences by scrolling down post # 2 (where the link sent you) until you reach this bit: -
    A defence by bargepole, showing that a defence about unclear signs should be written concisely:
  • KeithP
    KeithP Posts: 37,648 Forumite
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    reysham wrote: »
    - claim form from county court (April 2019)

    What is the Issue Date on your Claim Form?

    Did it come from the County Court Business Centre in Northampton, or from somewhere else?
  • reysham
    reysham Posts: 79 Forumite
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    Goodness, that took a while!

    OK - so, I've done my reading, completed an SAR, will now respond to the claim form via moneyclaim and then start my defence.
    Please correct me if I'm wrong!
    Should I also start a small claims thread or can this suffice?

    Thank you!
  • reysham
    reysham Posts: 79 Forumite
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    Issue date - 08/04/2019
    Yes, from County Court Business Centre, Northampton

    Lots of questions:
    • To date, I have been careful not to shoot myself in the foot by claiming liability, etc. In my defence however, must I outline the sequence of events to prove my honesty, or can I provide information as a hypothetical?
    • Should I name the driver?
    • If events of the day pertain to the reason the PCN was issued, can/should I share these here to garner the best advice in how to word it in legalise?

    Please ask me to clarify anything that doesn't make sense!

    Thanks you
  • KeithP
    KeithP Posts: 37,648 Forumite
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    reysham wrote: »
    Issue date - 08/04/2019
    Yes, from County Court Business Centre, Northampton
    With a Claim Issue Date of 8th April, you have until Monday 29th April to do the Acknowledgement of Service, but there is nothing to be gained by delaying it. To do the AoS, follow the guidance offered in a Dropbox file linked from post #2 of the NEWBIES FAQ sticky thread. About ten minutes work - no thinking required.

    Having done the AoS, you have until 4pm on Monday 13th May 2019 to file your Defence.

    That's over a month away. Loads of time to produce a perfect Defence, but don't leave it to the very last minute.


    When you are happy with the content, your Defence should be filed via email as suggested here:
      Print your Defence.
    1. Sign it and date it.
    2. Scan the signed document back in and save it as a pdf.
    3. Send that pdf as an email attachment to CCBCAQ@Justice.gov.uk
    4. 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'.
    5. Log into MCOL after a few days to see if the Claim is marked "defence received". If not chase the CCBC until it is.
    6. Do not be surprised to receive a copy of the Claimant's Directions Questionnaire, they are just trying to put you under pressure.
    7. Wait for your DQ from the CCBC, or download one from the internet, and then re-read post #2 of the NEWBIES FAQ sticky thread to find out exactly what to do with it.
  • reysham
    reysham Posts: 79 Forumite
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    Thank you!

    AoS complete!

    More questions:
    - Can I have my partner represent me if we get to court (I'm a terrible public speaker and even my writing/legalise is being checked and verified by my partner)?
    - Can witness statement be my own or can it only be a third party?

    Thank you for your time - virtual cake on its way :)
  • Redx
    Redx Posts: 38,084 Forumite
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    she can if she takes the correct paperwork, BUT YOU MUST ATTEND AS WELL , she cannot go INSTEAD of you , you CAN both be present

    WS 1 is yours and MUST be put in later down the track, with EXHIBITS

    WS 2 onwards are from anyone else
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