I have received a County Court letter for PCNs dated January 2020 Options

[fmzzzz]

As stated in the title this morning i received a court letter, i have been ignoring the parking companys letters asking to pay which was around a year ago.

I have been trying to research on how to fight this as i intend to do and i stumbled across this forum, what are my options in regards to try and fight this.

I was thinking of speaking to a solicitor as i have never been to court or had any legal trouble.

The driver parked few days in this private car park (retail) in January 2020 over the allowed time limit. I don't quite remember all the details as this was nearly 2 years ago.

All help here is appreciated

This post has been edited by fmzzzz: Sun, 16 Jan 2022 - 16:05

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[DWMB2]

Post up the original notice(s) you received, all pages, dates and times intact, remove personal details.

Ignoring unfortunately wasn't wise and puts you on the back foot somewhat, as it can make you look unreasonable to the court. Recruiting a solicitor would be an expensive endeavour, and you wouldn't get your costs for that back even if you win, so you are better representing yourself.

[fmzzzz]

Ok thanks for the reply. Ive posted all the pages of the letter i got below.

https://ibb.co/JRDcksv
https://ibb.co/vZTn9Rf
https://ibb.co/9nW03mj
https://ibb.co/YtxsM5P
https://ibb.co/VvfNxhR
https://ibb.co/DWnm9qz

[DWMB2]

We need to see the original notices you got (ie the one's from Highview that you chose to ignore)

[fmzzzz]

I have no idea where it is, its been a long time sorry. Most likely thrown away. :/

Is there any info you want to know about the document or you would like to see it in general. I can potentially try and remember somethings.

[The Rookie]

Unfortunately no, when we say we need to see it, that’s what we mean, we need the EXACT language used.

Ignoring is also a really bad idea, it’s unreasonable behaviour to not tell them why nothing was owed, it’s not impossible that even if you win you get costs awarded against you.

[nosferatu1001]

Send a sar to them. You
L get the info in 30 days, well before you need to use it in your WS.

[fmzzzz]

Send a sar to them. You
L get the info in 30 days, well before you need to use it in your WS.

Sorry what is a sar? And WS?

I’ve looked in the acronym page and couldn’t find what it means.


As for the county claim what should i do about the letter in the meanwhile.

Thanks

[DWMB2]

SAR = Subject Access Request, gets you a copy of all of the personal data a company holds about you (including in your case the original notices you have misplaced). There's an example of one here: https://legalbeagles.info/library/guides_an...access-request/
WS = Witness Statement

If you intend to defend, your first step will be to acknowledge the claim, don't contest jurisdiction and leave the defence box completely blank to allow you to complete it later. There's a guide to the entire court process, including how to acknowledge, on the MSE Forum here: https://forums.moneysavingexpert.com/discus...omment_64350585 Read this post thoroughly a couple of times to understand how the process works, and ask us if anything is not clear.

[fmzzzz]

I have finished drafting my SAR request, is this enough to get what i need. Should i word it differently? (Im not the best writer)
What should i write in the email subject line, does it have to be a reference or can it be anything?

Please supply the data about me that I am entitled to under data protection laws relating to myself.

This must include
- All photos taken
- All letters/emails sent and received
- All data held of myself and a full copy of the PCN(s)
- All the evidence you will rely on
- A list of all the PCNs outstanding for myself

I would like to remind you that any claim made against me must be for all PCNs, not separate claims.

I have acknowledged the claim as my first step.

I have read the linked forum quite a few times and i've understood most of it. The only part i don't understand is the defence template. The linked examples are not related to me in any way so how would i go about this?

Also should i start wring my defence now or wait for my SAR.

Thanks

[nosferatu1001]

Well you won't get the sar in time. They've got 30 days

Are you sure none apply to yiu? That's very unusual

[fmzzzz]

Sorry what do you mean by none apply to me?

Also i may get my sar before 30 days but if not, can’t i extend my court date

[nosferatu1001]

I'm asking are you sure none of the legal arguments apply to you? It's unusual if that's the case

No. You cannot extend that deadline. If you could have done, post 2 would have told you. You WILL NOT get a filing extension for your defence.

[fmzzzz]

The only argument is, from what i remember

The driver was parked in a retail car park over the time allowed (I believe) for a period of 4 days.

How can i provide a defence for this.

[DWMB2]

Sorry what do you mean by none apply to me?

In post #10 you said most of the examples in the defence template don't apply to you... This would be unusual.

No, you can't extend any of the deadlines. You must submit your defence on time, regardless of whether or not you get a response to your SAR in time.

[nosferatu1001]

The only argument is, from what i remember

The driver was parked in a retail car park over the time allowed (I believe) for a period of 4 days.

How can i provide a defence for this.

When you read the template defence, and understood the arguments within, are you sure none apply?

If you're really sure, then obviously all you can do is settle.

[The Rookie]

The driver was parked in a retail car park over the time allowed (I believe) for a period of 4 days.

How can i provide a defence for this.

Well you need to tell us really!

So you're saying the driver parked there for 4 days understanding the contractual liability to pay the sum indicated? If the Driver knew that parking there would incur those parking charges, why weren't they just paid?

You're also saying that the NtK met the requirements of PoFA to hold you, the keeper, liable, despite not having it to be able to check?

If this isn't the case then your defence is included in that template.

This post has been edited by The Rookie: Mon, 17 Jan 2022 - 11:59

[fmzzzz]

No from what i remember the driver did not park there understanding the contractual liability, the retail car park is free to park.

However the driver did not know at the time, that there was a time limit.

You're also saying that the NtK met the requirements of PoFA to hold you, the keeper, liable, despite not having it to be able to check?

Sorry what does this mean. I'm really new to all this so pardon me if i don't understand well.

[DWMB2]

However the driver did not know at the time, that there was a time limit.

Whether or not he knew is not the important part here, what is important is whether the restrictions were well-signed (i.e. whether there is prominent signage displaying the conditions of parking that the driver ought to have seen). Do you have photos of the signage at the site?

Sorry what does this mean. I'm really new to all this so pardon me if i don't understand well.

The template defence and guide to defending claims on MSE includes points to include if the company's notice did not comply with the Protection of Freedoms Act, POFA (link in my signature). If it did comply, they can hold you liable as the keeper. If it did not, then they can only hold the driver liable (whose identity they don't know).

[nosferatu1001]

OP - so, this means you *dont * understand the template defence. So how can you say it doesn't apply?