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PE Claim Form with wrong details - HELP PLEASE
Sweepy1471
post Tue, 7 Jan 2014 - 20:30
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Hi All,

My wife kindly handed me this document this evening:



To cut a long story short; we've moved address since this incident occured. We are still in touch with our previous landlord who passes us the odd bit of mail still being delivered to that address. The DVLA now have my correct address, however, PE must have the old address for me. To date, I have recieved (via our old landlord) a PCN, a red letter final warning sent recorded delivery (for which a signature was provided lol) and now this claim form (sent un-recorded delivery) all of which are not my correct address.

The over stay is significant (1hrs18mins) in a 3hour zone but I would be happy to counterclaim with a little help from someone on here. My wife used the car park for work, not realising it had this restriction. Having checked the car park more thoroughly myself I'd argue that the signage is not adequate - she honestly made a genuine mistake and assumed it was free (I've lived in the area all my life and never knew myself!). The sign on entry is placed on a difficult bend, which as a single driver would not have been legiable, she isn't English and struggles with the language, she was unaware she was entering into a contract and given the overstay (1hr18m) the fine (£100) is unrealistic and disproportional with local parking charges of a similar time period.

All that said, I could do with some guidance;

More than 14 days have passed from the day of service, as the previous landlord was out of country and has only handed the letter to us today. Do I contact the court to confirm its legit and then discuss the circumstances or do I ignore it on the grounds that they have no proof I have ever recieved it?


Thanks in advance
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post Tue, 7 Jan 2014 - 20:30
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Jlc
post Tue, 7 Jan 2014 - 20:37
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QUOTE (Sweepy1471 @ Tue, 7 Jan 2014 - 20:30) *
...or do I ignore it on the grounds that they have no proof I have ever recieved it?

Never ignore a court claim as they will apply for a default judgement. Although this could be put aside it's not worth the hassle (and may cost).

If you acknowledge the claim quickly you should might still be ok as the document is assumed served 5 days after the date on it. Acknowledging it will extend the deadline by 2 weeks. It's genuine.

In the meantime, read up on the key defence angles:

1. They do not have the authority to issue a contract as they do not have sufficient interest in the land - the landowner should bring proceedings (PE vs Sharma)
2. The amount is not a genuine pre-estimate of loss (as it includes their running costs and not actual losses flowing from the breach) (PE vs Heggie)
3. Poor signage = no contract (PE vs Rogers)

QUOTE (Sweepy1471 @ Tue, 7 Jan 2014 - 20:30) *
I would be happy to counterclaim

There's no counterclaim.

This post has been edited by Jlc: Tue, 7 Jan 2014 - 20:39


--------------------
RK=Registered Keeper, OP=Original Poster (You!), CoFP=Conditional Offer of Fixed Penalty, NtK=Notice to Keeper, NtD=Notice to Driver
PoFA=Protection of Freedoms Act, SAC=Safety Awareness Course, NIP=Notice of Intended Prosecution, ADR=Alternative Dispute Resolution
PPC=Private Parking Company, LBCCC=Letter Before County Court Claim, PII=Personally Identifiable Information, SAR=Subject Access Request

Private Parking - remember, they just want your money and will say almost anything to get it.
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Sweepy1471
post Tue, 7 Jan 2014 - 21:04
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Thanks for the quick repsonse.

Apologies, I meant dispute rather than counterclaim.

The issue date is 17th Dec, which means that even taking the 5 days into account, I'm still over the 14 days response time. You say that "i might" still be o.k, what would be worse case if I'm not o.k?

Afterall, its not my problem they're mailing the wrong address. Whilst I'd prefer to contact them to discuss, I'd be pretty cheesed if they didn't accept the circumstances. I have a driving license with issue date which could back this up, this should suffice shouldn't it?

Are you suggesting I go ahead and contact them?
What are the next stages?
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Jlc
post Tue, 7 Jan 2014 - 21:14
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QUOTE (Sweepy1471 @ Tue, 7 Jan 2014 - 21:04) *
Are you suggesting I go ahead and contact them?

Contact the court asap.

QUOTE (Sweepy1471 @ Tue, 7 Jan 2014 - 21:04) *
What are the next stages?

Try reading here and here.


--------------------
RK=Registered Keeper, OP=Original Poster (You!), CoFP=Conditional Offer of Fixed Penalty, NtK=Notice to Keeper, NtD=Notice to Driver
PoFA=Protection of Freedoms Act, SAC=Safety Awareness Course, NIP=Notice of Intended Prosecution, ADR=Alternative Dispute Resolution
PPC=Private Parking Company, LBCCC=Letter Before County Court Claim, PII=Personally Identifiable Information, SAR=Subject Access Request

Private Parking - remember, they just want your money and will say almost anything to get it.
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Sweepy1471
post Tue, 7 Jan 2014 - 21:36
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QUOTE (Jlc @ Tue, 7 Jan 2014 - 21:14) *
QUOTE (Sweepy1471 @ Tue, 7 Jan 2014 - 21:04) *
Are you suggesting I go ahead and contact them?

Contact the court asap.

QUOTE (Sweepy1471 @ Tue, 7 Jan 2014 - 21:04) *
What are the next stages?

Try reading here and here.



Many thanks for your help!
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