Premier Park County Court Summons Help Urgent |
Premier Park County Court Summons Help Urgent |
Fri, 12 Oct 2018 - 11:14
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#1
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New Member Group: Members Posts: 4 Joined: 12 Oct 2018 Member No.: 100,353 |
I'm posting this on behalf of an elderly gentleman who has absolutely no computer skills. In March the keeper received a Parking fine from Premier Park for 15mins in a local carpark. Aparently the machine wasn't working on the day but there are no independent witnesses. 15mins may then have been spent looking at the instructions including going out of the carpark to see where the nearest phone box was. I'll attach the correspondence to this post. I helped him draft letters based on forums we'd looked at. Premier Park were useless to say the least. Unfortunately he didn't get his POPLA appeal in in time (i.e. by a few days and although POPLA state appeals might be submitted late, they don't make it easy), and there is a letter attached showing how they were less than useless with this also.
We are now at the County Court stage. Is it worth fighting it further or just paying the £235? 1. the claim has been filed in Exeter and the gentleman has a heart condition so cannot travel that far, his nearest court is in Liverpool.he was served on the 3rd. does the 14days mean he can apply to change courts. 2. Is it possible to have the charge reduced? the first time Premier Park even mention checking the machine to see if it works is the their court statement, if he'd known before maybe he might have thought there was an issue with the coin and paid the original £60/£100. He's still adamant it wasn't working. 3. I didn't include the POPLA complaint form as it's the same as the original letter. Popla_complaint_ADR_redacted_18_7.pdf ( 69.59K ) Number of downloads: 93 Premier_Park_Case.pdf ( 675.92K ) Number of downloads: 83 Popla_complaint_redacted_15_6.pdf ( 69.05K ) Number of downloads: 76 This post has been edited by Sanook1929: Fri, 12 Oct 2018 - 12:59 |
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Fri, 12 Oct 2018 - 11:14
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Fri, 12 Oct 2018 - 11:54
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#2
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Member Group: Members Posts: 17,088 Joined: 8 Mar 2013 Member No.: 60,457 |
Has the identity of the driver been revealed?
How about the original PCN As the keeper he can only be liable for the original amount, £100 +allowable court costs He decided to decline their offer of parking and drove off. He does not have a mobile phone (?) and therefore could not phone immediately. This post has been edited by ostell: Fri, 12 Oct 2018 - 11:58 |
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Fri, 12 Oct 2018 - 12:36
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#3
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New Member Group: Members Posts: 4 Joined: 12 Oct 2018 Member No.: 100,353 |
No He's not identified as the driver only the keeper. Which reminds me.
Why would Premier Park ask for a copy of his insurance docs (not that he's sent them?) as they have in some of their responses. |
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Fri, 12 Oct 2018 - 12:43
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#4
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Member Group: Members Posts: 17,088 Joined: 8 Mar 2013 Member No.: 60,457 |
They're trying to identify the driver, which is good.
This post has been edited by ostell: Fri, 12 Oct 2018 - 12:44 |
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Fri, 12 Oct 2018 - 12:44
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#5
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Member Group: Members Posts: 28,687 Joined: 27 Nov 2007 Member No.: 15,642 |
OK, so now I can probably guess woh the driver is
Basically every thread, of which we hope you have read a few, tells users NOT to identify the driver. So, please edit post 3 so we cant have a stab at it ourselves. You have to do some work here. What is the DATE OF ISSUE of the claim? If it is the 3rd, then you are in time to get the claim ACKNOWLEGDED> The claim is not in Exeter, the claim will be held where the Defendant is - thi sis not optional, it will happen there. So dont panic! When you get the DQ (your reading tells you what that is) you put down your local court at that pooint You need to do the acknowlegement online TODAY. Do it WITH your friend. You can do the paperwork , but HE must entere it uisng HIS details> NOONE ELSE can defnd for them. |
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Fri, 12 Oct 2018 - 12:55
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#6
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New Member Group: Members Posts: 4 Joined: 12 Oct 2018 Member No.: 100,353 |
Does he acknowledge that he's defending the claim in total or part?
It says he can file by email so should he send a hard copy too. It's much easier on MCOL, so easy to get lost in hard copy paperwork And he doesn't need to contest jurisdiction. So is that question just for outside the UK? |
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Fri, 12 Oct 2018 - 12:59
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#7
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Member Group: Members Posts: 28,687 Joined: 27 Nov 2007 Member No.: 15,642 |
Well, does the D want to pya all or none? Its a fairly obvious quesiton!
File by email. Dont send paper. Never send paper. DO NOT use the MCOL online portal. It is WOEFUL. You only contest jurisdiction if you are not within the reach of the england and wales court. |
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Fri, 12 Oct 2018 - 13:04
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#8
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New Member Group: Members Posts: 4 Joined: 12 Oct 2018 Member No.: 100,353 |
oh crap just realised the issue date is 28/9/2018 but there is a stamp of the claim form with "Date of Service 03 Oct 2018". and the D received it on the 3rd Oct 2018. Which date does he go from? |
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Fri, 12 Oct 2018 - 13:07
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#9
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Member Group: Members Posts: 28,687 Joined: 27 Nov 2007 Member No.: 15,642 |
The one the form tell syou to use - the date of service
you have 19 days from date of issuue, as they allow 14 plus service which is assumed at 5 days, giving 19 in total. |
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Fri, 12 Oct 2018 - 13:31
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#10
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Member Group: Members Posts: 9,985 Joined: 20 Aug 2008 Member No.: 21,992 |
Leave the defence blank for now. Not even a full stop.
-------------------- Sometimes I use big words I don't understand in an effort to make myself sound more photosynthesis.
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Fri, 12 Oct 2018 - 19:08
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#11
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Member Group: Members Posts: 18,751 Joined: 20 Sep 2009 Member No.: 32,130 |
QUOTE Does he acknowledge that he's defending the claim in total or part? He is defending the claim in full. The MSE NEWBIES thread has a pictorial step-by-step link about how to acknowledge a claim. It was put together by a fellow female PCN fighter to help newbies see how to do this simple step, to buy more time to work on the defence. |
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