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Premier Park County Court Summons Help Urgent
Sanook1929
post Fri, 12 Oct 2018 - 11:14
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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.

Attached File  Popla_complaint_ADR_redacted_18_7.pdf ( 69.59K ) Number of downloads: 11


Attached File  Premier_Park_Case.pdf ( 675.92K ) Number of downloads: 7

Attached File  Popla_complaint_redacted_15_6.pdf ( 69.05K ) Number of downloads: 6


This post has been edited by Sanook1929: Fri, 12 Oct 2018 - 12:59
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post Fri, 12 Oct 2018 - 11:14
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ostell
post Fri, 12 Oct 2018 - 11:54
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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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Sanook1929
post Fri, 12 Oct 2018 - 12:36
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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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ostell
post Fri, 12 Oct 2018 - 12:43
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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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nosferatu1001
post Fri, 12 Oct 2018 - 12:44
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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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Sanook1929
post Fri, 12 Oct 2018 - 12:55
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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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nosferatu1001
post Fri, 12 Oct 2018 - 12:59
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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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Sanook1929
post Fri, 12 Oct 2018 - 13:04
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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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nosferatu1001
post Fri, 12 Oct 2018 - 13:07
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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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ManxRed
post Fri, 12 Oct 2018 - 13:31
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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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SchoolRunMum
post Fri, 12 Oct 2018 - 19:08
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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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