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
    • WinWin
    • By WinWin 23rd Aug 17, 9:50 AM
    • 63Posts
    • 11Thanks
    WinWin
    Court Claim PCN
    • #1
    • 23rd Aug 17, 9:50 AM
    Court Claim PCN 23rd Aug 17 at 9:50 AM
    Hi all, newbie here. I have been reading the informative threads here. thank you.

    I have acknowledged receipt of service with MCOL. (Private land PCN) Would like some info in laymens terms re defence on keeper liability or possible other defence avenues. if anyone could direct me or better, private message. thank you
Page 6
    • nosferatu1001
    • By nosferatu1001 7th Mar 18, 10:37 AM
    • 2,516 Posts
    • 3,081 Thanks
    nosferatu1001
    Why on earth have you not detailed their failure to comply with POFA before now?

    This needs to be in your skelly, as C-M says above. MUST BE THERE - failure to deliver within 14 days, as reuqired under POFA sched 4 para 9... (give the precise ref) means they CANNOT hold the keeper liable. CANNOT.
    • WinWin
    • By WinWin 7th Mar 18, 11:35 AM
    • 63 Posts
    • 11 Thanks
    WinWin
    Thank you Coupon-mad

    I have not prepared a skeleton argument. Hearing is today, I have a bullet point list. Would a skeleton argument help today or is it too late?
    • WinWin
    • By WinWin 7th Mar 18, 11:38 AM
    • 63 Posts
    • 11 Thanks
    WinWin
    thank you nosferatu1001. I have the POFA para's. Can I write a skelly before I go to hearing today?
    • WinWin
    • By WinWin 7th Mar 18, 11:58 AM
    • 63 Posts
    • 11 Thanks
    WinWin
    they often refer to 'the contract' in their witness statement. Does a contract exist between us just by parking?
    • nigelbb
    • By nigelbb 7th Mar 18, 12:32 PM
    • 1,991 Posts
    • 2,751 Thanks
    nigelbb
    they often refer to 'the contract' in their witness statement. Does a contract exist between us just by parking?
    Originally posted by WinWin
    Possibly. If the signs made a clear offer of parking subject to certain conditions then by parking you accepted those conditions. This is called acceptance by performance.
    • WinWin
    • By WinWin 7th Mar 18, 10:13 PM
    • 63 Posts
    • 11 Thanks
    WinWin
    Thank you Nigelbb.

    Hearing adjourned today
    • KeithP
    • By KeithP 7th Mar 18, 10:17 PM
    • 7,261 Posts
    • 6,783 Thanks
    KeithP
    Hearing adjourned today
    Originally posted by WinWin
    Then perhaps consider adjusting your costs schedule.

    The time attending court allowance is 'up to 95 per day'.
    Last edited by KeithP; 07-03-2018 at 11:55 PM.
    .
    • Coupon-mad
    • By Coupon-mad 8th Mar 18, 1:50 AM
    • 57,564 Posts
    • 71,135 Thanks
    Coupon-mad
    Thank you Nigelbb.

    Hearing adjourned today
    Originally posted by WinWin
    Why was it adjourned and did you get to see the Judge and ask about your costs for attending?
    PRIVATE PCN? DON'T PAY BUT DO NOT IGNORE IT TWO Clicks needed for advice:
    Top of the page: Home>>Forums>Household & Travel>Motoring>Parking Tickets, Fines & Parking - read the 'NEWBIES' FAQS thread!
    Advice to ignore is WRONG, unless in Scotland/NI.

    • Saffron44
    • By Saffron44 8th Mar 18, 10:45 AM
    • 2 Posts
    • 0 Thanks
    Saffron44
    County court claim
    Hi,

    I have received a county court letter through the door, the claimant is "civil enforcement limited" of where I parked in a pub car park and didn't pay the ticket as I was told you don't need to if it is not from the council, now I am being charged 350.06 for the claimaint and judgement in the county court business centre.

    Can anyone give me advice on what steps to take and if this has to be paid?
    Thank you!
    • nosferatu1001
    • By nosferatu1001 8th Mar 18, 12:15 PM
    • 2,516 Posts
    • 3,081 Thanks
    nosferatu1001
    Saffron - obviously you start a new thread, and dont hijack someone elses thread where they have a LIVE COURT CASE underway

    You will not get any more resposnes here.
    • WinWin
    • By WinWin 8th Mar 18, 10:12 PM
    • 63 Posts
    • 11 Thanks
    WinWin
    Didnt get to see the judge. Heard to do with judisiary staffing or urgent family case according to two people on reception.

    So yes 2 days pay and parking. Will notify me of new date
    • WinWin
    • By WinWin 12th Mar 18, 10:04 AM
    • 63 Posts
    • 11 Thanks
    WinWin
    Have a new date for hearing
    • KeithP
    • By KeithP 12th Mar 18, 12:53 PM
    • 7,261 Posts
    • 6,783 Thanks
    KeithP
    WinWin, forgive me for asking, but why have you posted that?
    .
    • Coupon-mad
    • By Coupon-mad 18th Mar 18, 4:19 PM
    • 57,564 Posts
    • 71,135 Thanks
    Coupon-mad
    Have a new date for hearing
    Originally posted by WinWin
    On pepipoo I've just seen a copy of a HX Notice to Keeper, which is NON-POFA:

    http://forums.pepipoo.com/index.php?showtopic=119328

    You can spot why, good research for a hearing. TEAR IT APART ON THE DAY!

    CLUE: the important giveaway paragraph ends with the word 'driver'.

    And here's a case where a poster won on that basis, explained the omission well to the Judge:

    http://forums.moneysavingexpert.com/showthread.php?p=73805827#post73805827
    Last edited by Coupon-mad; 18-03-2018 at 4:33 PM.
    PRIVATE PCN? DON'T PAY BUT DO NOT IGNORE IT TWO Clicks needed for advice:
    Top of the page: Home>>Forums>Household & Travel>Motoring>Parking Tickets, Fines & Parking - read the 'NEWBIES' FAQS thread!
    Advice to ignore is WRONG, unless in Scotland/NI.

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

874Posts Today

6,778Users online

Martin's Twitter
  • It's the start of mini MSE's half term. In order to be the best daddy possible, Im stopping work and going off line? https://t.co/kwjvtd75YU

  • RT @shellsince1982: @MartinSLewis thanx to your email I have just saved myself £222 by taking a SIM only deal for £7.50 a month and keeping?

  • Today's Friday twitter poll: An important question, building on yesterday's important discussions: Which is the best bit of the pizza...

  • Follow Martin