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    • 10020132
    • By 10020132 11th Oct 18, 2:09 AM
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    10020132
    PCN.. Appeal Pending... Court Letter
    • #1
    • 11th Oct 18, 2:09 AM
    PCN.. Appeal Pending... Court Letter 11th Oct 18 at 2:09 AM
    Hi
    I got a Parking charge notice (PCN) on 3rd March 2018 from PCM Management Ltd and I appealed it. I received their response after 28 days in which the rejected my appeal and gave me the option to go to IAS. I appealed to IAS with all the points like no contract was formed, poor signage etc. and told them that I received the response after 28 days which even invalidates my appeal anyway. And they wrote to me saying that they have spoken to PCM and are agreeing to consider my appeal even though its out of time appeal. This was in May 2018

    Since then, I never heard anything back from either of them. Now, I received court papers from Gladstone solicitors saying that I need to pay them 261 pounds because I failed to pay earlier.

    I tried logging in to my IAS account which I couldn't login saying my password is incorrect even though the password was saved in google chrome. After resetting the password million times, I managed to login and my appeal does not even show up in my appeals. I wrote to IAS about it but they are not replying either

    What should I do? PLease help !!!
Page 1
    • IamEmanresu
    • By IamEmanresu 11th Oct 18, 7:44 AM
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    IamEmanresu
    • #2
    • 11th Oct 18, 7:44 AM
    • #2
    • 11th Oct 18, 7:44 AM
    received court papers from Gladstone solicitors
    Is this from the Court - an N1 form - or the threat of court. The IAS stage is gone so ignore it.
    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
    • 10020132
    • By 10020132 13th Oct 18, 12:09 AM
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    10020132
    • #3
    • 13th Oct 18, 12:09 AM
    • #3
    • 13th Oct 18, 12:09 AM
    I think its from court as it has the court reference number and the case number and guidance from gov.uk

    I thought my biggest defence is that IAS never responded as yet so I didnt know if i won the appeal or lost it. In my opinion, since they didn't respond within 28 days (or 5 months precisely) I won the appeal automatically. Is this not correct?
    • KeithP
    • By KeithP 13th Oct 18, 12:31 AM
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    KeithP
    • #4
    • 13th Oct 18, 12:31 AM
    • #4
    • 13th Oct 18, 12:31 AM
    Does it look like this - MCOL Claim Form?

    If so, can you please post the exact contents of the Particulars of Claim box?

    Please also tell us the Date of Issue on your Claim Form.

    Did Gladstones send you a Letter of Claim a month or so ago?
    Last edited by KeithP; 13-10-2018 at 12:35 AM.
    .
    • 10020132
    • By 10020132 13th Oct 18, 3:21 AM
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    10020132
    • #5
    • 13th Oct 18, 3:21 AM
    • #5
    • 13th Oct 18, 3:21 AM
    Yes it is this form

    The exact content of particulars of claim is as follows

    The driver of the vehicle registration ##### incurred the parking charge on 1st March 2018 for breaching the terms of parking on the land at 'LOCATION'
    The defendant was driving the vehicle and or is the keeper of the vehicle

    AND THE CLAIMANT CLAIM

    160 for the parking charges damages and indemnity costs if applicable together with interest of 6.60 pursuant to s69 of the county court act 1984 at 8% pa continuing to judgement at 0.04 per day

    The issue date is 4 October 2018
    • 10020132
    • By 10020132 13th Oct 18, 3:24 AM
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    10020132
    • #6
    • 13th Oct 18, 3:24 AM
    • #6
    • 13th Oct 18, 3:24 AM
    Did Gladstones send you a Letter of Claim a month or so ago?[/QUOTE]

    I don't remember receiving any letters from gladstones though i received some letters from trace ltd debt collectors
    • IamEmanresu
    • By IamEmanresu 13th Oct 18, 6:00 AM
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    IamEmanresu
    • #7
    • 13th Oct 18, 6:00 AM
    • #7
    • 13th Oct 18, 6:00 AM
    Since the parking company will have what you sent to the IAS, then you need to Acknowledge and draft up a defence based on what you have said to them up until now.

    If you show what you are going to say / have said then you'll get help to refine it. Concentrate on what you have said before rather than the IAS not replying. It is just not relevant.

    And as you are posting on Pepipoo too, you might want to stick to one or other. You'll not get twice the advice, only twice the confusion

    http://forums.pepipoo.com/index.php?showtopic=123353
    Last edited by IamEmanresu; 13-10-2018 at 6:02 AM.
    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
    • KeithP
    • By KeithP 13th Oct 18, 1:05 PM
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    KeithP
    • #8
    • 13th Oct 18, 1:05 PM
    • #8
    • 13th Oct 18, 1:05 PM
    The issue date is 4 October 2018
    Originally posted by 10020132
    With a Claim Issue Date of 4th October, you have until Tuesday 23rd October 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 link from post #2 of the NEWBIES FAQ sticky thread.

    Having done the AoS, you then have until 4pm on Tuesday 6th November 2018 to file your Defence.

    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 described here:

    1) Print your Defence.
    2) Sign it and date it.
    3) Scan the signed document back in and save it as a pdf.
    4) Send that pdf as an email attachment to CCBCAQ@Justice.gov.uk
    5) 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'.
    6) Log into MCOL after a few days to see if the Claim is marked "defended". If not chase the CCBC until it is.
    7) Wait for your Directions Questionnaire and then re-read post #2 of the NEWBIES thread to find out exactly what to do with it.
    .
    • 10020132
    • By 10020132 14th Oct 18, 3:20 AM
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    10020132
    • #9
    • 14th Oct 18, 3:20 AM
    • #9
    • 14th Oct 18, 3:20 AM
    It was a court letter and I have acknowledged it
    • 10020132
    • By 10020132 14th Oct 18, 3:30 AM
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    10020132
    This was very helpful. I have done the AOS and now just waiting for advise about defence
    • 10020132
    • By 10020132 14th Oct 18, 3:32 AM
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    10020132
    Thanks I have added all the information over there. I would appreciate if you could help either here or there
    • IamEmanresu
    • By IamEmanresu 14th Oct 18, 7:02 AM
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    • 5,999 Thanks
    IamEmanresu
    Could you reproduce what was sent to the IAS as that should be the starter for a defence - as you can't really say much different.
    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
    • 10020132
    • By 10020132 19th Oct 18, 5:20 AM
    • 8 Posts
    • 0 Thanks
    10020132
    Sorry for getting back lat
    This is what I wrote to IAS but I dont remember it fully now as it was few months ago

    1) Poor signage - as there is no signage at the entrance and even the signs which are inside in parking are too small to read and have no lighting at all. I even attached the picture which I am attaching here as well and this is one of the pictures from evidence of PCN keeping in mind that the weather on this particular night was terrible and it was snowing heavily.
    2) Extenuating Circumstances as explained above about my wife and child being stuck in the lift and was allowed to stop in the area by the attendant
    3) No signs or road markings to indicate anything

    And I think there were 3 or 4 more points which I dont remember now as its been over 3 months

    And I claimed the fine to be cancelled and be compensated for the fine redirection fee and the legal fee but IAS has not yet decided on my appeal
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