IMPORTANT: Please make sure your posts do not contain any personally identifiable information (both your own and that of others). When uploading images, please take care that you have redacted all personal information including QR codes, number plates and reference numbers.

Civil enforcement ltd county court claim form

Options
Pcnhater_2
Pcnhater_2 Posts: 23 Forumite
in Parking tickets, fines & parking
Hi everyone.

I have been sent via post a claim form for an unpaid and ignored parking ticket. I parked in a car park at local golf course. I still have evidence of this as i paid online for the round of golf. The reg input machine was behind the bar so it was not customers responsibilty to input their reg but a member of staff. Sometimes i have gone there and they have asked me to write my reg on a paper list which i assume they input later when their less busy.

Now the input machine has been moved so customers have to input their own reg. I assume thats because im not the only one to have been sent a pcn.

Anyway do you think these points are a strong defence is the question im asking?

Any advice much appreciated.:j
«134

Comments

  • Pcnhater_2
    Pcnhater_2 Posts: 23 Forumite
    Options
    Any thoughts guys?
  • KeithP
    KeithP Posts: 37,791 Forumite
    Name Dropper First Post First Anniversary
    Options
    What is the Issue Date on your Claim Form?

    Did it come from the County Court Business Centre in Northampton, or from somewhere else?
  • fisherjim
    fisherjim Posts: 6,070 Forumite
    Photogenic First Anniversary Name Dropper First Post
    Options
    Pcnhater wrote: »
    Hi everyone.
    Now the input machine has been moved so customers have to input their own reg. I assume thats because im not the only one to have been sent a pcn.


    When I started my first job there was a large sign in one of the offices that said If in doubt ask why are you "assuming" things?



    This has now caused you grief why didn't you take this straight back to the golf club?
  • D_P_Dance
    D_P_Dance Posts: 11,504 Forumite
    First Post Name Dropper First Anniversary
    Options
    I would say very strong, in fact, if they took this in front of a judge, IMO they might well crash and burn. However to strengthen your case get your MP on board.

    They are on your side, on 18th March 2019 a Bill was enacted to curb the excesses of these private parking companies. Codes of Practice are being drawn up, an independent appeals service will be set up, and access to the DVLA's date base more rigorously policed, and persistent offenders denied access. Hopefully life will become impossible for the worst of these scammers.

    Until this is done you should still complain to your MP, citing the new legislation.

    http://www.legislation.gov.uk/ukpga/2019/8/contents/enacted

    Just as the clampers were finally closed down, so hopefully will many of these Private Parking Companies.
    You never know how far you can go until you go too far.
  • Coupon-mad
    Coupon-mad Posts: 132,312 Forumite
    Name Dropper First Post Photogenic First Anniversary
    Options
    The reg input machine was behind the bar so it was not customers responsibility to input their reg but a member of staff. Sometimes i have gone there and they have asked me to write my reg on a paper list which i assume they input later when their less busy. Now the input machine has been moved so customers have to input their own reg.
    Mention all that in the defence, on the basis that it was previously not prominent at all and nor was there any 'relevant obligation' falling at the feet of any driver, thus the claim must fail.

    See the NEWBIES thread 2nd post for bargepole's concise defences to use as your base, and all you do is add your own facts, as above.
    KeithP wrote: »
    What is the Issue Date on your Claim Form?

    Did it come from the County Court Business Centre in Northampton, or from somewhere else?

    We need this answered, please, to advise you more.
    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
  • Pcnhater_2
    Pcnhater_2 Posts: 23 Forumite
    Options
    I went from previous advice on this site to ignore these pcns as they never take you to court they just send threatening letters.
  • Pcnhater_2
    Pcnhater_2 Posts: 23 Forumite
    Options
    Issue date is 27 march 2019 & its from northampton.
  • Pcnhater_2
    Pcnhater_2 Posts: 23 Forumite
    Options
    Letter/claim form came from northampton.
  • Coupon-mad
    Coupon-mad Posts: 132,312 Forumite
    Name Dropper First Post Photogenic First Anniversary
    Options
    Pcnhater wrote: »
    Issue date is 27 march 2019.
    Letter/claim form came from northampton.

    OK. Wait for KeithP to advise you on that.
    I went from previous advice on this site to ignore these pcns as they never take you to court they just send threatening letters.
    We have not advised that for over six years!

    With CEL, ONE EMAIL appeal would have got it cancelled within weeks.
    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
  • KeithP
    KeithP Posts: 37,791 Forumite
    Name Dropper First Post First Anniversary
    Options
    Pcnhater wrote: »
    Issue date is 27 march 2019 & its from northampton.
    With a Claim Issue Date of 27th March, you have until Monday 15th 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 29th April 2019 to file your Defence.

    That's over four weeks 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.
This discussion has been closed.
★ ★ ★ Meet your Ambassadors

Categories

  • All Categories
  • 343.5K Banking & Borrowing
  • 250.2K Reduce Debt & Boost Income
  • 449.9K Spending & Discounts
  • 235.6K Work, Benefits & Business
  • 608.5K Mortgages, Homes & Bills
  • 173.2K Life & Family
  • 248.2K Travel & Transport
  • 1.5M Hobbies & Leisure
  • 15.9K Discuss & Feedback
  • 15.1K Coronavirus Support Boards