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County Court Notice, Seeking guidance on defence
Doraemon
post Tue, 2 Oct 2018 - 23:18
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Hello forum members,

My first post and I am seeking help from experts. Found some similar posts but not exactly.

Summary: Got a county court notice for a pvt parking offence in 2016. Been asked to pay 275 pounds approx. Notice acknowledged with 'intention of paying part claim' option

Background:
1. Company leased Car parked below apartment on first-come-first-serve allocated parking space.
2. Sticker normally placed on dashboard 365 days a year but one one bad night slipped off on the car floor. Next day PCN struck on windshield.
3. Fine appealed with CPM UK car park mgt admissing genuine lapse but not indicating who was driving. Promised this wont repeat but still appeal rejected. Had sent a copy of allotted sticker and a picture that it was on the car floor and told them I have not glued the sticker as it blocks drivers view.
4. More reminders sent by UK car park mgt but ignored
5. Debt collector starts sending letters addressing me by wrong name (spelling mistake).
6. Asked debt collector to settle for half fine but request rejected.
7. Debt collector sends more letters. By this time, I got frustrated and wrote back demanding proper photographic evidence that shows car registration number and windscreen all in one shot as windscreen pic was blocked by front hedge and registration number not visible. They give separate pics in bits and pieces.
8. Debt collector sends all pics and asks why am I demanding these pics now when in my first appeal accepted the lapse.
9. Finally recieve the county court notice before I could reply back. I was away during holiday period.

Defence points:
1. Had valid parking sticker allotted to my address.
2. Past judgement precedence (2015) in the case of Canterbury council fines where there was a judgement that ruled against the council on fines against flipped but valid parking tickets. This case is similar but its a pvt parking company.
3. The company knows that car is parked 365 days a week in that locality below the apartment and does have a valid sticker.
4. I am still willing to pay half the fine as initially proposed due to the part lapse as acknowledged in the appeal.

Do you think I stand a chance and how do I prepare the case? I am so frustrated, I feel like suing the company for the scamming business model they have developed. Why cant they invest in the technology to let an owner of a ticket to register the car against it so that the company or warden knows this car is authorised to park automatically on the site. This is like taking undue advantage of the disability of a human mind thats forgetful at times. Utterly criminal and unfair. I still have an option of a counter claim as the intention I gave in the court notice acknowledgement is not binding on me it seems.

Thanks and regards

This post has been edited by Doraemon: Wed, 3 Oct 2018 - 20:34
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post Tue, 2 Oct 2018 - 23:18
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SchoolRunMum
post Thu, 18 Oct 2018 - 00:12
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Great!

And hopefully you have found the section about WHAT HAPPENS WHEN, by bargepole in the second post of the NEWBIES thread, and are ready for how to complete the simple DQ that arrives from the court. And have read about the letter Gladstones send about the matter being straightforward and they 'want it hard on the papers'...same as ever...
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Doraemon
post Thu, 18 Oct 2018 - 10:32
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QUOTE (SchoolRunMum @ Thu, 18 Oct 2018 - 01:12) *
Great!

And hopefully you have found the section about WHAT HAPPENS WHEN, by bargepole in the second post of the NEWBIES thread, and are ready for how to complete the simple DQ that arrives from the court. And have read about the letter Gladstones send about the matter being straightforward and they 'want it hard on the papers'...same as ever...


Haven't gone through the second one. But will do, thank you.

I will update next when I hear from the court.
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SchoolRunMum
post Thu, 18 Oct 2018 - 16:52
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The 2nd post of the MSE NEWBIES thread is the only one relevant to you...it should be your go-to bible, for each stage. Tells you what to do and when and how.
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