Your browser isn't supported
It looks like you're using an old web browser. To get the most out of the site and to ensure guides display correctly, we suggest upgrading your browser now. Download the latest:

Welcome to the MSE Forums

We're home to a fantastic community of MoneySavers but anyone can post. Please exercise caution & report spam, illegal, offensive or libellous posts/messages: click "report" or email forumteam@.

Search
  • FIRST POST
    • Al5076
    • By Al5076 11th Oct 19, 6:22 AM
    • 11Posts
    • 4Thanks
    Al5076
    PCN got court summons
    • #1
    • 11th Oct 19, 6:22 AM
    PCN got court summons 11th Oct 19 at 6:22 AM
    Hi all,

    I have recently received a court notification regarding to a PCN over 4 years ago and just wanted some advice on whether to pursue it at court or just let it go now.

    The situation is basically that the flat I used to live in had allocated parking and when we moved in it was a free for all. A couple of months after this Premier Park started running a permit scheme on behalf of the site operators. When this happened I got two PCNs in rapid succession. I then looked on this board appealed them at POPLA and won. Fast forward two months and I had lost my permit so asked my landlord (not the operator and he was also a Cannon of church if that helps with a witness statement?) if I could park my car without a permit whilst away over Christmas. He checked with the site operators and they said no problem.

    Lo and behold when we returned we had a PCN so I rang up my landlord who discussed it with the site operator/housing association and they said ignore it we will cancel it. As soon as the 28 days to appeal with POPLA had ended the operators backed down and said nope you have to pay. Fast forward 4 years and many debt collector letters and responses telling them they had no grounds so take me to court etc. And pointing out two of the debt collection letters had the same signature for different names etc. And I receive a court summons.

    Now my question is how to appeal, do I go on technicalities such as those I won the PoPLA appeals on, or on the actual argument that my landlord owns the land (assuming lease hold) and gave me permission to park?

    Thanks for any help!
Page 2
    • Al5076
    • By Al5076 23rd Oct 19, 5:46 AM
    • 11 Posts
    • 4 Thanks
    Al5076
    Polo goes that is indeed what I meant and checking it had been filed over the website.
    • Redx
    • By Redx 23rd Oct 19, 9:39 AM
    • 25,386 Posts
    • 32,625 Thanks
    Redx
    Thanks Coupon Mad, I did have numbers so formatting must have gone when I pasted it,

    I’ll double check that when I put it into MCOL.

    Thanks again
    Originally posted by Al5076
    This is also concerning , that you copied and pasted it , presumably from Word ?? If so , don't be surprised if mse bans your IP address due to not following posting guidelines

    https://forums.moneysavingexpert.com/showthread.php?t=5637311

    And you won't be submitting anything by MCOL , you will be emailing your defence as a pdf , same with your DQ as well , so more reading required

    No copying direct from word , use wordpad or notepad or notepad++
    No submitting online
    No posting paperwork by royal mail
    Only send by email with attachment of the final pdf

    Stick to the plan , learn the basics , do not get banned
    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
    • Al5076
    • By Al5076 23rd Oct 19, 12:06 PM
    • 11 Posts
    • 4 Thanks
    Al5076
    Thanks for the heads up Redx ill bear that in mind in future and copy into notepad first, thankfully I seem to have got away with it this once.
    • 1505grandad
    • By 1505grandad 23rd Oct 19, 12:29 PM
    • 327 Posts
    • 507 Thanks
    1505grandad
    in para following para 4:-

    " At the time of the (penalty) the Defendant had, since July 2014, held legal title under the terms of a lease..." - there is no penalty - perhaps (alleged infringement) instead.


    para 9 - it appears you are filing evidence with the D - that is for the WS


    para after para 13.2 - not sure what this is about:-

    "This notification formed an oral contract between the Claimant and occupier/Defendant, thus negating the ability of the Claimant to issue a penalty against the Defendant Again, this is evidenced by the landlord in the aforementioned witness statement."
    • Redx
    • By Redx 23rd Oct 19, 12:36 PM
    • 25,386 Posts
    • 32,625 Thanks
    Redx
    As mentioned above , no evidence is submitted with the defence , so alter paragraph 9 accordingly , to state that it will be produced at the WS & Exhibits stage
    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
Welcome to our new Forum!

Our aim is to save you money quickly and easily. We hope you like it!

Forum Team Contact us

Live Stats

159Posts Today

2,738Users online

Martin's Twitter