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  • FIRST POST
    • Bigmatt0811
    • By Bigmatt0811 19th Apr 17, 11:50 PM
    • 14Posts
    • 3Thanks
    Bigmatt0811
    PCN & Loan Car From Dealership
    • #1
    • 19th Apr 17, 11:50 PM
    PCN & Loan Car From Dealership 19th Apr 17 at 11:50 PM
    Evening All

    Today a PCN has been issued on a car that is currently on loan from our local dealership as one of our cars is in for some work.

    I have read the asterix point on lease car/hire car and was wondering do I follow the same process, and wait or appeal now?

    We are not sure how long we will have the loan car (possibly only a day or two more). This was a windscreen PCN issued via Excel Parking Services, who I believe are a IPC member so the appeal time is before 21 days (as per the newbie FAQ's).

    Do we inform the dealership (Mini) when we pick up our own car that the PCN was issued and explain we are contesting it and not to pay any charges/fees on our behalf as we are not willing to pay, but to forward our details on to Excel as the hirer/loanee??

    I also believe that the claim for the PCN is very dubious as it is for parking in a prohibited/restricted area and the photos (their own evidence) does not show any restricted area.

    Your help will be greatly appreciated!

    Cheers

    Matt
Page 2
    • Coupon-mad
    • By Coupon-mad 18th Jun 18, 12:16 AM
    • 63,875 Posts
    • 76,536 Thanks
    Coupon-mad
    As above, you will not be clicking on 'start defence' on MCOL.

    You have grounds to defend. We want to help, and we need to see your draft defence like everyone else with an Excel claim shows us first (go and find some).

    So look at other more recent Excel Defences, so what if Simon Renshaw Smith's name is on the claim form, doesn't mean they've upped their game; doesn't mean you can't win.

    Search the forum for Excel claim Simon and you will find several like this.
    PRIVATE 'PCN'? DON'T PAY BUT DON'T IGNORE IT UNLESS IN SCOTLAND OR NI
    TWO Clicks needed Look up, top of the page:
    Main site>>Forums>Household & Travel>Motoring>Parking Tickets Fines & Parking - read the NEWBIES THREAD
    • Bigmatt0811
    • By Bigmatt0811 21st Jul 18, 8:14 AM
    • 14 Posts
    • 3 Thanks
    Bigmatt0811
    IGNORE - JUST READING BARGEPOLES RESPONSE!!! Sorry jumped the gun!!!

    :-)

    Hi Guys
    I submitted the defence on the 9th July and I have now received a further form "Notice of Proposed Allocation to the Small Claims Track"and a "Directions Questionnaire"
    This has to be submitted to the court by the 26th July.

    Do I agree to the case being referred to the Small Claims Mediation Service?

    If I wanted a second person at the hearing (should it still go that far) then do I need to notify under this form as it appears that this is where you document the witnesses - there are no material witnesses apart from the person who was named as the registered keeper at this point. I read in one of the cases where Lamilad supported the forum member - does this have to be highlighted at this point, or is this a case of just filling it in with my local county court for it to be heard at?

    Look forward to your replies!

    Cheers
    Last edited by Bigmatt0811; 21-07-2018 at 8:19 AM.
    • Bigmatt0811
    • By Bigmatt0811 9th Nov 18, 12:25 PM
    • 14 Posts
    • 3 Thanks
    Bigmatt0811
    Update to this case:
    Excel parking had till 4pm yesterday (08/11) to file the papers and pay the 25 trial fee which I have had confirmed this morning that they have done so and the hearing date is 6th December @ 11am, so I am now going to be preparing in a lot of detail the defence.

    So any tips where to look initially are very welcome!!!
    • Quentin
    • By Quentin 9th Nov 18, 12:32 PM
    • 37,942 Posts
    • 22,055 Thanks
    Quentin
    See #2 in the newbies FAQ thread for advice on how to defend and prepare a WS

    Put it up here before sending it for comments
    • Castle
    • By Castle 9th Nov 18, 12:34 PM
    • 2,010 Posts
    • 2,711 Thanks
    Castle
    See #2 in the newbies FAQ thread for advice on how to defend

    Put your draft defence up here for comments before sending it
    Originally posted by Quentin
    According to post 22 the defence was filed on 9th July; so this is probably the witness statement stage.
    • nosferatu1001
    • By nosferatu1001 9th Nov 18, 12:50 PM
    • 3,921 Posts
    • 4,720 Thanks
    nosferatu1001
    Indeed

    You are LONG past "preparing the defence" - what you submitted before IS your defence, unless you pay to amend it

    What you are doing now is preparing witness statement and associated other evidence that you will submit to the court
    • KeithP
    • By KeithP 9th Nov 18, 10:51 PM
    • 10,665 Posts
    • 11,051 Thanks
    KeithP
    ...the hearing date is 6th December @ 11am, so I am now going to be preparing in a lot of detail the defence.

    So any tips where to look initially are very welcome!!!
    Originally posted by Bigmatt0811
    What is the date that your Witness Statement is due?
    .
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