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  • FIRST POST
    • jw505
    • By jw505 18th Mar 18, 11:58 AM
    • 16Posts
    • 0Thanks
    jw505
    PCM claim form, Ticketed in my own space!
    • #1
    • 18th Mar 18, 11:58 AM
    PCM claim form, Ticketed in my own space! 18th Mar 18 at 11:58 AM
    Need help for a claim form on a parking ticket from PCM.

    I live in a apartment complex where each flat is allocated a parking space, and I own the flat. PCM is the management company of the car park.

    in Sep 2016 I got a parking ticket from PCM while my car is parked at its allocated space but the parking permit label slipped to the floor. I explained and then appealed the ticket to PCM but they insist the rule is displaying the permit at the window therefore the ticket... I called my managing agency but they claim they have no say in this. I ignored the following threatening letters as advised in the forum.

    Yesterday I received the county court claim form (small claim court?). The claim is:
    The driver of the vehicle registration XXXX incurred the parking charge on 23/09/2016 for breaching the terms of parking on the land at XXX(my address).
    the defendant was driving the vehicle and/or is the keeper of the vehicle.
    and the claimant claims 160 for parking charge/damages and indemnity costs if applicable, together with interest of 17.62 pursuant to s69 of the country courts act 1984 at 8% pa, continuing to judgement at 0.05 per day.

    My questions:
    1. what should I do at this point? is there a template I can use to reply to the claim form.
    2. as it's 1.5 years ago, I can't find the original appeal and reply letter. do I need them for the appeal?
    3. any other advise or things I should know?

    I look forward to hearing people's advice. really appreciated!!
Page 2
    • jw505
    • By jw505 14th Apr 18, 7:51 PM
    • 16 Posts
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    jw505
    You actually have up to 4pm on Monday to file you defence, but you are right not to leave it to the very last moment.

    When satisfied, send it as a signed pdf email attachment to the easily found ccbcaq email address.
    Originally posted by KeithP
    Thanks KeithP for the reply. I will wait for some more comments and upload the defence tomorrow evening. anything on the points?
    • jw505
    • By jw505 15th Apr 18, 9:47 AM
    • 16 Posts
    • 0 Thanks
    jw505
    Can I bump the post to get some comments on my questions? thanks all
    • The Deep
    • By The Deep 15th Apr 18, 9:57 AM
    • 9,968 Posts
    • 9,766 Thanks
    The Deep
    ou might also like to include the fact that the abuse of residents was one of the issues raised by MPs in the second reading of Sir Greg Knight's (see Post 2).
    You never know how far you can go until you go too far.
    • jw505
    • By jw505 15th Apr 18, 10:21 AM
    • 16 Posts
    • 0 Thanks
    jw505
    ou might also like to include the fact that the abuse of residents was one of the issues raised by MPs in the second reading of Sir Greg Knight's (see Post 2).
    Originally posted by The Deep
    Hi The_Deep, thanks for the suggestion, may I ask how should I add this fact in the defence? in legal words? thanks.
    • The Deep
    • By The Deep 15th Apr 18, 10:26 AM
    • 9,968 Posts
    • 9,766 Thanks
    The Deep
    Why do you need legalese? Just copy my wording.
    Last edited by The Deep; 15-04-2018 at 10:30 AM.
    You never know how far you can go until you go too far.
    • jw505
    • By jw505 15th Apr 18, 10:36 AM
    • 16 Posts
    • 0 Thanks
    jw505
    should I also delete the driver name points as I was the only registered driver of the car
    • jw505
    • By jw505 15th Apr 18, 10:37 AM
    • 16 Posts
    • 0 Thanks
    jw505
    Why do you need legalese? Just copy my wording.
    Originally posted by The Deep
    was too careful. will do that then! thanks!!
    • The Deep
    • By The Deep 15th Apr 18, 10:47 AM
    • 9,968 Posts
    • 9,766 Thanks
    The Deep
    should I also delete the driver name points as I was the only registered driver of the car
    Originally posted by jw505
    How is a driver registered, with whom? Do you mean insured? If so it is of no consequence.
    You never know how far you can go until you go too far.
    • nosferatu1001
    • By nosferatu1001 15th Apr 18, 11:30 AM
    • 3,150 Posts
    • 3,861 Thanks
    nosferatu1001
    No such thing as a registered driver

    A keeper is registered with the dvla never ever a driver. Check your v5 if you don't believe us.
    • jw505
    • By jw505 15th Apr 18, 2:26 PM
    • 16 Posts
    • 0 Thanks
    jw505
    Yes I meant the only insured driver. Sorry about my English.
    • Quentin
    • By Quentin 15th Apr 18, 2:32 PM
    • 36,863 Posts
    • 21,000 Thanks
    Quentin
    The identity of the drivers included on the vehicle insurance policy is irrelevant

    Anyone who has driving other cars insurance of their own is legally entitled to drive the vehicle with the owners permission!
    • nosferatu1001
    • By nosferatu1001 15th Apr 18, 6:12 PM
    • 3,150 Posts
    • 3,861 Thanks
    nosferatu1001
    And, how would they know who is insured? The ppc does not have access to insurance data.
    • jw505
    • By jw505 15th Apr 18, 8:27 PM
    • 16 Posts
    • 0 Thanks
    jw505
    thanks very much. i understand it now.
    • jw505
    • By jw505 15th Apr 18, 10:11 PM
    • 16 Posts
    • 0 Thanks
    jw505
    Defence uploaded!

    Can anyone recommend a SAR letter template to request for the previous documents? I can't find the original ticket and previous appeal & response etc
    Last edited by jw505; 15-04-2018 at 10:19 PM.
    • Coupon-mad
    • By Coupon-mad 16th Apr 18, 1:33 AM
    • 60,110 Posts
    • 73,251 Thanks
    Coupon-mad
    The one you found when you searched MSE, or Googled 'SAR template MSE'!

    You are on MSE forum, of course the overall MSE site has a SAR template!
    Last edited by Coupon-mad; 16-04-2018 at 1:42 AM.
    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.

    • IamEmanresu
    • By IamEmanresu 16th Apr 18, 6:47 AM
    • 3,030 Posts
    • 5,073 Thanks
    IamEmanresu
    4. My contract only say right to park at allocated space but not mentioning displaying a permit all time (Point 5 in #7). How should I defend upon this?
    There are two types of variation to a contract that a judge may consider. The first is 'explicit' where the words of the contract later on allow or 'implicit' where a change was implied.

    You say there was no explicit change provided for in the contract. A judge might say it was implicit, from the fact they were there when you moved in, but that would be harsh. Just stick to the wording of the lease.
    If you want to win - avoid losing first. Here are a few examples
    1. Failing to Acknowledge or Defend https://forums.moneysavingexpert.com/showthread.php?t=5760415
    2. Template defences that say nothing https://forums.moneysavingexpert.com/showthread.php?t=5818671&page=5#86
    3. Forgetting about the Witness Statement
    • jw505
    • By jw505 18th Apr 18, 1:54 PM
    • 16 Posts
    • 0 Thanks
    jw505
    got a reply from GSS below with an attached N180 form, should I reply to them?

    We act for the Claimant and have notified the Court of our Client!!!8217;s intention to proceed with the claim.
    Please find attached a copy of our Client!!!8217;s completed Directions Questionnaire, which will be filed with the court upon their request. You will note we intend to request a special direction that the case be dealt with on the papers and without the need for an oral hearing
    This request is sought simply because the matter is in our Client!!!8217;s opinion relatively straightforward and the costs incurred by both parties for attending an oral hearing would be disproportionate.



    You will note our Client has elected not to mediate. Its decision is not meant to be in any way obstructive and is based purely on experience, as mediation has rarely proven beneficial in these types of cases. Notwithstanding this, our Client would be happy to listen to any genuine payment proposals that you wish to put forward.
    • Quentin
    • By Quentin 18th Apr 18, 1:58 PM
    • 36,863 Posts
    • 21,000 Thanks
    Quentin
    No need to reply


    You will be refusing their request for the matter to be dealt with on papers or mediation.


    You want this aired in front of a judge!
    • jw505
    • By jw505 18th Apr 18, 2:19 PM
    • 16 Posts
    • 0 Thanks
    jw505
    No need to reply


    You will be refusing their request for the matter to be dealt with on papers or mediation.


    You want this aired in front of a judge!
    Originally posted by Quentin
    thanks. will wait for further notice then
    • IamEmanresu
    • By IamEmanresu 19th Apr 18, 6:06 AM
    • 3,030 Posts
    • 5,073 Thanks
    IamEmanresu
    thanks. will wait for further notice then
    The comments are a little unclear on this. You DO have to reply to a DQ. You use the N180 form

    https://www.gov.uk/government/publications/form-n180-directions-questionnaire-small-claims-track

    This is for an ORAL hearing. Sometimes Gladstones send the N159 form which is for a paper hearing. So download the N180 and fill it in as follows. There is no need to "refuse" the paper hearing as the correct form (N180) indicates your choice. And your choice is the one they work to.


    A1 = NO to mediation (they want the whole amount, you want to pay them nothing, so no scope for mediation. This will not go against you)

    B = fill in all the details, name, address, etc

    C1 = YES to small claims track !!!8211; this is the limited costs track for claims up to 10,000 in value

    D1 = name of your local County Court !!!8211; unless you are a Ltd company, the case files will be transferred there

    D2 = NO to expert evidence (this relates to medical negligence cases and suchlike)

    D3 = 1 witness (that!!!8217;s you) (or more if you are going to get another person to come to court to provide a statement)

    D4 = Put down the dates of any pre-booked holidays, NO to interpreter (unless you need one).
    If you want to win - avoid losing first. Here are a few examples
    1. Failing to Acknowledge or Defend https://forums.moneysavingexpert.com/showthread.php?t=5760415
    2. Template defences that say nothing https://forums.moneysavingexpert.com/showthread.php?t=5818671&page=5#86
    3. Forgetting about the Witness Statement
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