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Pending court date defense help for PCN
George_Gray
Posts: 17 Forumite
Just wondering if anyone has encountered the same problem regarding a PCN.
My daughter used a car park at sunderland where ANPR is used and she paid for the parking but entered the wrong registration.
she used this car park most days using her own car but this occasion used a different car but I have noticed the time stamp is 1 hour incorrect on PCN
She would pay using a mobile so the record shows the time payment was made and the account where payment was made coincides with this time.
what is my best way forward for a defense case as I am waiting for a court date.
any help is appreciated
My daughter used a car park at sunderland where ANPR is used and she paid for the parking but entered the wrong registration.
she used this car park most days using her own car but this occasion used a different car but I have noticed the time stamp is 1 hour incorrect on PCN
She would pay using a mobile so the record shows the time payment was made and the account where payment was made coincides with this time.
what is my best way forward for a defense case as I am waiting for a court date.
any help is appreciated
0
Comments
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What stage are you at? Have you got a Letter of Claim?0
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Hi There
my latest is a notice of transfer of proceedings as I requested to Durham
The other letter was notice of small claims track
Civil enforcement are the claimants
would this be the N1SDT claim form from Northampton county court Business Centre0 -
So, you have already entered your defence. You could not be at this stage otherwise
It is too late NOW to be asking what to put in a defence. In fact, you need to tell US the defence you entered. If you dont have a copy, then you obviously ask the court.
By "you" are waiting on a court date, are you the named defendant?
What communicaiton was entered into prior to the court claim form?0 -
yes I am the named defendant but I was not the driver
this I think because I am the registered keeper
I wrote to the company directly and explained my daughter only used that car that day and it wasn't her normal car she would have used. also explained she had paid for the parking. I got letter back saying use POPLA which I did
I used the POPLA appeal but was unsuccessful there reply was it is the drivers responsibility to enter the correct Registration the letter was way back 04/05/2017
I raised the issue about incorrect time stamp on the appeal but they made no reference to that
but her phone record shows payment was made and there own database shows this is correct time however there time stamp on the PCN is exactly 1 hour wrong. They have her entering the carpark at 9 :46 am but she was at work and parked up as she paid at 8:47am because she starts work at 9am
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But what exactly did you write in your Defence?0
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I basically said the pcn time stamp was incorrect and payment was made they suffered no financial loss
Then went on to say the ANPR system was not correctly synchronised it didn't comply with BPA code of practice regarding the accuracy of detail and checks and procedures should have been made before a PCN was issued. I also said it didn't comply with the POFA guiding principle 12.
I went to look at the carpark today and the signs are difficult to read especially early morning and night
very poor lighting from the street lights
they only allow 10 minutes grace period
sorry about lack of info but didn't realise there was this much info around I wish I had researched before responding but I am very naïve regarding these matters.
Thanks for looking and helping its much appreciated .0 -
Have you been given a date by which you must submit your Witness Statement? If you haven't yet submitted it, you might emphasise the payment, non-synchronous clock and the poor lighting. As posted by Nosferatu1001, you could contact the court and ask for a copy of your defence.0
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I will contact the court tomorrow and request a copy0
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It would probably be helpful to see the exact defence and not was "basically put". Things have a habit of being left out of or put badly if we only get a basic idea.0
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Why would anyone write a defence for a document from the court service and not keep a copy of what they wrote?. The mind boggles!0
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