Ticket from Parking Control Management (UK) Ltd |
Ticket from Parking Control Management (UK) Ltd |
Sun, 8 Dec 2019 - 02:29
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#1
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Member Group: Members Posts: 61 Joined: 31 Oct 2013 Member No.: 66,372 |
I am writing this post on behalf of my ex-girlfriend who has just received a county court claim form for parking illegally in a housing estate.
She was picking up the children of her friend from school, but the nearby roads were congested so she parked in the nearest car park available with no clear signs that parking was prohibited there. She was heavily pregnant at the time, and sufferring a nervous breakdown, largely due to her pregnancy and having to support her mother who suffers with bi-polar disorder. She is the type of person who puts her own problems to the side to help others even when she is suffering herself, hence her offering to pick up the kids of her friend when under huge pressure herself. She has since given birth and been single handedly organising her mother's affairs such as benefits, treatment etc...and due to sheer overload had ignored any letters coming through her door. She now has a claim form from the county court asking for £242.58. She admits her parking infringement but states at the time she had no idea it was occuring due to poor signage, she stopped at an innocuous looking street and even when she returned and saw the parking attendant snooping around her car, she was told it was 'ok' and assured nothing further would happen. She is under immense stress since the birth of her daughter and still struggling to sort out her mum's affairs, then this stinking letter comes through the door asking for £242.58. All for stopping for a few minutes to pick up her friend's kids. Please can someone advise what to do? She is in no fit state to deal with this so I offered to do it for her as I have an account here already. If need be I will pay the fine for her but neither of us can afford £242.58. Could it be set back to the original fine due to exceptional circumstances? Or are there any grounds to get it quashed due to plain decency given her circumstances? All her problems are provably true and I am gutted for her, she does so much for others but keeps getting kicked in the teeth. This could not have come at a worse time. |
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Sun, 8 Dec 2019 - 02:29
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Wed, 11 Dec 2019 - 14:25
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#21
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Member Group: Members Posts: 61 Joined: 31 Oct 2013 Member No.: 66,372 |
The issuer was wearing black trousers and white shirt, possibly with lapels on the shoulders.
This post has been edited by CPF33: Wed, 11 Dec 2019 - 14:27 |
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Wed, 11 Dec 2019 - 21:57
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#22
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Member Group: Members Posts: 61 Joined: 31 Oct 2013 Member No.: 66,372 |
Do I need to speak in legal jargon and add references to cases etc or could I just lay out my points as I have done on this thread?
I have checked many templates and examples online but still unsure which bits to omit or what to add as I am new to this and don't really understand most of it. Feel a bit out of my depth to be honest. |
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Thu, 12 Dec 2019 - 10:30
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#23
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Member Group: Members Posts: 28,687 Joined: 27 Nov 2007 Member No.: 15,642 |
Your research into other defences - for example on MSE forum -> newbies thread POST TWO -> will have shown you EXACTLY how to "word" a defence
Dont wing it. Youre not out of your depth. At all. Youre just new to it. Everyone is the same first time round. But you cant give up - it just takes effort. |
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Thu, 12 Dec 2019 - 16:39
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#24
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Member Group: Members Posts: 61 Joined: 31 Oct 2013 Member No.: 66,372 |
Is it OK to post my my draft defence here for you to check over please?
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Fri, 13 Dec 2019 - 10:33
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#25
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Member Group: Members Posts: 28,687 Joined: 27 Nov 2007 Member No.: 15,642 |
Yes, but given it will be part copied and pasted, do u the courtesy of showing which defences youve gotten it from so we dont have to review it all.
You also let us know if you have any quesitons> Not "is the whole thing ok?" but specific targetted questions. Rmemeer this is YOUR DEFENCE, YOU must understand it. |
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Fri, 13 Dec 2019 - 10:40
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#26
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Member Group: Members Posts: 61 Joined: 31 Oct 2013 Member No.: 66,372 |
Template is from: "A defence by bargepole, showing that a defence about unclear signs should be written concisely"
https://1drv.ms/w/s!AkbqC7Slagzdg6ceIz8...Cz4-1g?e=0rnQhm One question I have is should I mention her personal goings on such as stress in the initial defence? |
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Fri, 13 Dec 2019 - 11:01
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#27
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Member Group: Members Posts: 28,687 Joined: 27 Nov 2007 Member No.: 15,642 |
I will never follow links to a remote drive. Copy it here if you want people to look at it.
Does the stress provide a legal defence? If yes include it, if no then only include it if somehow it helps support the background and explains that |
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Fri, 13 Dec 2019 - 18:06
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#28
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Member Group: Members Posts: 61 Joined: 31 Oct 2013 Member No.: 66,372 |
Edit.
This post has been edited by CPF33: Fri, 20 Dec 2019 - 09:43 |
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Mon, 16 Dec 2019 - 08:39
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#29
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Member Group: Members Posts: 28,687 Joined: 27 Nov 2007 Member No.: 15,642 |
So you identify the likely driver in 11, despite tyring to use POFA to limit costs
Youve got a jumbled mess theer. Reorder it, at hte very least, so you dont get a random comment about costs. I dont see how 11 helps in any way shape or form; if this had been BEFORE the vehicle was parked, then maybe... |
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Tue, 21 Jan 2020 - 21:00
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#30
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Member Group: Members Posts: 61 Joined: 31 Oct 2013 Member No.: 66,372 |
Thanks for all your help. I have sent off the defence and recently got a letter from Gladstones about mediation. It is a copy of a completed application for mediation from their client PCM.
I intend to reject it, but do I actually have to do this? It doesn't have anything for me to complete, it is just a copy of their application. Do I need to do anything or just leave it? EDIT: I now have an actual form from the court to accept or reject mediation so my question is answered! This post has been edited by CPF33: Thu, 23 Jan 2020 - 19:20 |
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Sun, 26 Jan 2020 - 23:19
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#31
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Member Group: Members Posts: 61 Joined: 31 Oct 2013 Member No.: 66,372 |
I have an N180 form, I have completed it. I need to send it back to the county court and also a copy to PCM and Gladstones, is that right?
Do I just copy and post recorded delivery to all three? |
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Mon, 27 Jan 2020 - 08:59
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#32
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Member Group: Members Posts: 17,088 Joined: 8 Mar 2013 Member No.: 60,457 |
To the court and Gladstones.
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Tue, 28 Jan 2020 - 14:12
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#33
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Member Group: Members Posts: 28,687 Joined: 27 Nov 2007 Member No.: 15,642 |
Never send recorded delivery.
Court - just email it to them Claimant - first class with FREE PROOF OF POSTING from the post office. Free means free. |
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Tue, 28 Jan 2020 - 14:55
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#34
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Member Group: Members Posts: 61 Joined: 31 Oct 2013 Member No.: 66,372 |
Thanks very much!
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Tue, 11 Feb 2020 - 11:58
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#35
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Member Group: Members Posts: 61 Joined: 31 Oct 2013 Member No.: 66,372 |
I sent the form via email to the court and posted to Gladstones 2 weeks ago but it is not showing on the money claim site yet. Should it do so?
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Tue, 11 Feb 2020 - 13:09
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#36
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Member Group: Members Posts: 28,687 Joined: 27 Nov 2007 Member No.: 15,642 |
Yes! Of course it should have sjhown by now
Call the CCBC and find out where its gone. You have proof of posting yes? |
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Tue, 11 Feb 2020 - 13:16
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#37
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Member Group: Members Posts: 61 Joined: 31 Oct 2013 Member No.: 66,372 |
Yes I have the proof. Will call now!
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Fri, 6 Mar 2020 - 16:10
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#38
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Member Group: Members Posts: 61 Joined: 31 Oct 2013 Member No.: 66,372 |
Hello all, the N180 form has been received and we now have a notice of allocation to small claims track. Please advise what to do at this point please? We have until the 31st of March to get any evidence to them, but I'm not fully sure what format the evidence should be exactly?
I have attached the first page of the letter in case anything of relevance is there. Many thanks as always. |
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Sun, 8 Mar 2020 - 23:27
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#39
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Member Group: Members Posts: 61 Joined: 31 Oct 2013 Member No.: 66,372 |
I have found some templates but which points should I use/omit?
The gist of it all is that the signage was unclear, she only stayed for less than then minutes so presumably this is within the grace period? The issuer of the ticket also told her "It's OK" and made her feel she had been let off as it was a misunderstanding. I will mention this in the witness statement. The bits I'm not sure about are: She has had this hanging over her stressing her out throughout her pregnancy and the entirety of her child's life so far since birth. She was also under a lot of pressure at the time with her mother's illness combined with her own pregnancy which would surely have affected her concentration and ability to notice such poor signage. Should these be mentioned or is it irrelevant with regard to the case? |
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Mon, 9 Mar 2020 - 08:49
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#40
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Member Group: Members Posts: 28,687 Joined: 27 Nov 2007 Member No.: 15,642 |
No, you will not be sending ANY evidence. the claim form does not state tha t- it states you will send your defence.
https://forums.moneysavingexpert.com/discus...-first-thankyou What is the DATE you have blanked out? You MUST follow the instructions in the NEWBIES thread I have linked you to, 2nd post, on how to acknowledge the claim Confirm that youve done so and the date you did so. That gives you a potential for 33 days to file your defence |
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