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  • FIRST POST
    • 1shaz1234
    • By 1shaz1234 17th Mar 19, 2:43 PM
    • 16Posts
    • 11Thanks
    1shaz1234
    Court claim
    • #1
    • 17th Mar 19, 2:43 PM
    Court claim 17th Mar 19 at 2:43 PM
    Hi there guys, hope everyone is doing well.

    I am starting this thread as I believe my next step is to write up a defence but I'm not sure how to go about this. I have completed the acknowledgement of service so I can have more time to do so.

    What had happened originally(over a year ago) the driver had unknowingly went into a private car park to simply pick up a friend. I state unknowingly because the driver did not see the signs due to bad weather and poor visibility (this was early afternoon around 12-1pm in the winter months) the driver had been there for around 5 minutes and then drove away from the place as soon as their friend was in the vehicle. Isn't there a 10 minute parking grace at any sort of parking? They did not even state in one letter how long the driver was there for.

    A week later the keeper had received a PCN ( from Euro Parking services) and was simply ignored. The PCN had stated not parked correctly within the lines. In that PCN you can see the vehicle that was stationery, with its lights on. However, pictures were only taken from the back and not the front. Whoever took those pictures may have done that because they knew someone was in the car.

    They also took the pictures with flash on as you can see the reflection of the flash on the vehicle, Does anyone take photos with flash on in broad daylight unless there's bad visibility? I suppose this would prove the statement of there being poor visibility due to bad weather, again this was at 12-1pm...

    Long story short, the keeper had ignored all the threatening letters received. Gladstones solicitors had sent a "letter before claim" in november saying to pay 160. This was ignored till a court claim with the issue date 20th of February was sent. Completed the AoS.

    The total amount now is 248.20
    Amount claimed 173.20 court fee 25 and legal rep costs 50

    In the PoC it stayed the vehicle parked in breach of the terms of parking on 02/01/18. Claimaint claims 100 for PCN, 60 for contractual costs pursuant to the contract and PCN terms and conditions together with statutory interest of 13.20 pursuant to s69 of country courts act.

    In the particular of claims it is also stated that the driver of the vehicle agreed to pay the PCN within 28 days of issue yet failed to do so. This seems confusing as this did not happen, I suppose entering a car park means you immediately agree on the terms despite not seeing them and what about the 10 minutes parking grace? Do you need me to write the full PoC without personal info or is this enough?

    What are the next steps? What is the best way to write up a defence and is there a certain way to write it up?

    Oh Thank you for taking your time to read this.
    Last edited by 1shaz1234; 17-03-2019 at 3:25 PM.
Page 2
    • Redx
    • By Redx 24th Mar 19, 4:38 PM
    • 22,245 Posts
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    Redx
    Yes thank you for pointing that out, Euro parking services are in fact the claimant. I have adjusted my defence and the last sentence or did you mean my last point? Number 8?
    Originally posted by 1shaz1234
    looks a lot better now

    no , not point 8 , but the last sentence (the statement of truth) was what I meant

    so now its a raeasonable draft you need to adapt it according to any critique of the content (or lack of) , like mentioned above , address things like POC and whatever the signage offered , or did not offer , as in FORBIDDING SIGNAGE ?

    so you have the basics correct now, so the content is now what matters, so it may need edits, additions and subtractions, as appropriate , which I have no training to give

    the advice I gave was common sense, especially when the layout of HEADER , FOOTER and NUMBERING was already written by BARGEPOLE

    so a lot better, now just need suitable edits etc before it is submitted by email by 4pm tomorrow, as a signed and dated pdf attachment
    Newbies !!
    Private Parking ticket? check the 2 sticky threads by coupon-mad and crabman in the Parking Tickets, Fines & Parking Board forum for the latest advice or maybe try pepipoo or C.A.G. or legal beagles forums if you need legal advice as well because this parking forum is not about debt collectors or legal matters per se
    • 1shaz1234
    • By 1shaz1234 24th Mar 19, 4:44 PM
    • 16 Posts
    • 11 Thanks
    1shaz1234
    Le_Kirk, I'm not too sure what you mean by that or what the paragraph states as I am a bit confused.
    Are you saying that I need an introduction to clarify what the defence would be about? is that necessary?
    • Le_Kirk
    • By Le_Kirk 24th Mar 19, 4:48 PM
    • 4,621 Posts
    • 3,998 Thanks
    Le_Kirk
    Put yourself in the position of the judge (or anybody else) reading that defence without foreknowledge of all that has gone before, would you know to which parking event, which car park, what date etc it related.
    If you check out some of the concisely written defences in the NEWBIE thread post # 2, you will see that most, if not all of them, have that paragraph. However, IANAL and only advise what I have read and seen on this forum many times. It is, of course, your decision.
    • 1shaz1234
    • By 1shaz1234 24th Mar 19, 4:48 PM
    • 16 Posts
    • 11 Thanks
    1shaz1234
    looks a lot better now

    no , not point 8 , but the last sentence (the statement of truth) was what I meant

    so now its a raeasonable draft you need to adapt it according to any critique of the content (or lack of) , like mentioned above , address things like POC and whatever the signage offered , or did not offer , as in FORBIDDING SIGNAGE ?

    so you have the basics correct now, so the content is now what matters, so it may need edits, additions and subtractions, as appropriate , which I have no training to give

    the advice I gave was common sense, especially when the layout of HEADER , FOOTER and NUMBERING was already written by BARGEPOLE

    so a lot better, now just need suitable edits etc before it is submitted by email by 4pm tomorrow, as a signed and dated pdf attachment
    Originally posted by Redx
    I will update my defence to include more content, thank you, is it okay if i post the rest on here?
    Last edited by 1shaz1234; 24-03-2019 at 4:50 PM.
    • 1shaz1234
    • By 1shaz1234 24th Mar 19, 4:50 PM
    • 16 Posts
    • 11 Thanks
    1shaz1234
    Put yourself in the position of the judge (or anybody else) reading that defence without foreknowledge of all that has gone before, would you know to which parking event, which car park, what date etc it related.
    If you check out some of the concisely written defences in the NEWBIE thread post # 2, you will see that most, if not all of them, have that paragraph. However, IANAL and only advise what I have read and seen on this forum many times. It is, of course, your decision.
    Originally posted by Le_Kirk
    Oh okay I understand now, thank you for making that clear to me
    • Coupon-mad
    • By Coupon-mad 24th Mar 19, 6:48 PM
    • 70,387 Posts
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    Coupon-mad
    I would remove your #1 and defend this as driver, as you will be able to come across as an honest witness if you can talk with knowledge about the car only being pulled over for less than 5 minutes and not actually parked/left in a space, and they crept up behind you to take photos from the back!

    Replace #1 with the words suggested by Le_Kirk, suitably adapted to mention the car park in question.
    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
    • 1shaz1234
    • By 1shaz1234 24th Mar 19, 8:40 PM
    • 16 Posts
    • 11 Thanks
    1shaz1234
    I would remove your #1 and defend this as driver, as you will be able to come across as an honest witness if you can talk with knowledge about the car only being pulled over for less than 5 minutes and not actually parked/left in a space, and they crept up behind you to take photos from the back!

    Replace #1 with the words suggested by Le_Kirk, suitably adapted to mention the car park in question.
    Originally posted by Coupon-mad
    Yes this is exactly what had happened and I will change this just before I send it through. Thank you very much for that. Just a quick question can I not send it through just as an email rather than sending it through as a PDF?
    • Redx
    • By Redx 24th Mar 19, 8:47 PM
    • 22,245 Posts
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    Redx
    no , because it has to be a signed and dated document and officially documents are pdf,s , like car insurance, house insurance , holiday bookings , bank statements etc


    surely you have had these emailed to you in recent times ?
    Newbies !!
    Private Parking ticket? check the 2 sticky threads by coupon-mad and crabman in the Parking Tickets, Fines & Parking Board forum for the latest advice or maybe try pepipoo or C.A.G. or legal beagles forums if you need legal advice as well because this parking forum is not about debt collectors or legal matters per se
    • 1shaz1234
    • By 1shaz1234 24th Mar 19, 8:52 PM
    • 16 Posts
    • 11 Thanks
    1shaz1234
    no , because it has to be a signed and dated document and officially documents are pdf,s , like car insurance, house insurance , holiday bookings , bank statements etc


    surely you have had these emailed to you in recent times ?
    Originally posted by Redx
    Okay fair enough, I will send it as a PDF. Thank you everyone for helping.
    • Redx
    • By Redx 24th Mar 19, 9:44 PM
    • 22,245 Posts
    • 28,130 Thanks
    Redx
    this isnt our first rodeo you know


    you really do need to learn to do what you have been advised to do and stop questioning everything you are told
    Newbies !!
    Private Parking ticket? check the 2 sticky threads by coupon-mad and crabman in the Parking Tickets, Fines & Parking Board forum for the latest advice or maybe try pepipoo or C.A.G. or legal beagles forums if you need legal advice as well because this parking forum is not about debt collectors or legal matters per se
    • 1shaz1234
    • By 1shaz1234 25th Mar 19, 11:55 AM
    • 16 Posts
    • 11 Thanks
    1shaz1234
    this isnt our first rodeo you know


    you really do need to learn to do what you have been advised to do and stop questioning everything you are told
    Originally posted by Redx
    My intention was not to offend you and if I have then i apologise about that. Thank you very much for helping me out. I have now sent my defence through.
    • 1shaz1234
    • By 1shaz1234 15th Apr 19, 4:51 PM
    • 16 Posts
    • 11 Thanks
    1shaz1234
    Hi there guys, i hope you're all doing well. A quick update.

    I have received 2 letters, one from the court stating that my defence has been received and another from Gladstones and the letter is a Directions Questionnaire.

    I have also checked MCOL and have seen that the DQ was filed by the claimant on 14/04/19.

    I have not received a DQ from the CCBC so I believe my next step is to download one and complete, right?
    • Redx
    • By Redx 15th Apr 19, 4:54 PM
    • 22,245 Posts
    • 28,130 Thanks
    Redx
    yes , that is possibly the best idea , even if they get around to posting one out (I believe they are behind)

    you can email the completed scanned doc as a pdf to the same email address as the defence went to
    Newbies !!
    Private Parking ticket? check the 2 sticky threads by coupon-mad and crabman in the Parking Tickets, Fines & Parking Board forum for the latest advice or maybe try pepipoo or C.A.G. or legal beagles forums if you need legal advice as well because this parking forum is not about debt collectors or legal matters per se
    • 1shaz1234
    • By 1shaz1234 15th Apr 19, 5:07 PM
    • 16 Posts
    • 11 Thanks
    1shaz1234
    Okay thank you for letting me know, is there a certain time frame of when I need to send my DQ?
    • Redx
    • By Redx 15th Apr 19, 5:10 PM
    • 22,245 Posts
    • 28,130 Thanks
    Redx
    I am sure there is but no point delaying it , especially if they have filed theirs

    any timeframe should be on the letter with the document if and when you receive it in the post
    Newbies !!
    Private Parking ticket? check the 2 sticky threads by coupon-mad and crabman in the Parking Tickets, Fines & Parking Board forum for the latest advice or maybe try pepipoo or C.A.G. or legal beagles forums if you need legal advice as well because this parking forum is not about debt collectors or legal matters per se
    • KeithP
    • By KeithP 15th Apr 19, 5:10 PM
    • 14,335 Posts
    • 16,319 Thanks
    KeithP
    Okay thank you for letting me know, is there a certain time frame of when I need to send my DQ?
    Originally posted by 1shaz1234
    Shouldn't take you long to complete it. The answers to all the questions are in the NEWBIES thread. Send it right away.

    Don't forget to send a completed copy to the Claimant - address on your Claim Form.
    .
    • 1shaz1234
    • By 1shaz1234 16th Apr 19, 10:01 PM
    • 16 Posts
    • 11 Thanks
    1shaz1234
    I have sent my DQ. I have finally received an email about the SAR request I had sent. They are asking for me to fill in their form, asking for more ID such as a utility bill or driving licence. On the newbies thread it says not to send a driving licence, which of course is something I wouldn't feel comfortable in sending.
    Should I complete the form? Should I send a utility bill or is there another way about this?
    • Coupon-mad
    • By Coupon-mad 19th Apr 19, 12:52 AM
    • 70,387 Posts
    • 82,979 Thanks
    Coupon-mad
    Tell them that you only need show the V5C to prove you are the data subject registered keeper of the car in question, and they have no right to ask for more ID, especially as they already know who you are from the DVLA.

    There is a post about this somewhere, where the ICO said it is excessive for a company to demand more ID when they already know the data subject.
    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
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