Free Traffic Legal Advice
Live cases legal advice => Private parking tickets => Topic started by: buddy149 on May 29, 2024, 03:57:55 pm
-
Your defence isn't great.
You either owed the money at time of parking or did not, whether you received the invoice (PCN) or not isn't relevant to that if you were the driver.
It's also likely that non delivery of a lot of post wasn't their fault.
-
first correspondance was from DCB Legal and was ignored and was Letter of Claim for £170.
What's done is done, but, whilst not necessarily fatal to your case, this may not have done you any favours. Ultimately, the charge seems to have initially been issued as a result of your error (making a typo entering your car reg). Some notices seem to have gone missing, but either way, you were then issued with Letter Before Claim. You did receive this, but as HC notes, you seemingly made no attempt to resolve the issue with Parkmaven. You note that Parkmaven should have been able to notice the keying error, but equally you haven't taken any steps to bring it to their attention.
The proof of the keying error is via a screen shot of the smart phone app used to pay which I have a copy of or can provide via the app.
This will be useful evidence.
-
The claimant is Parkmaven Limited first correspondance was from DCB Legal and was ignored and was Letter of Claim for £170. This was correct address on V5C which is my parents house and was not changed for that vehicle and I had moved but not changed all my correspondance. The Claim form from the court is for £262.76. The proof of the keying error is via a screen shot of the smart phone app used to pay which I have a copy of or can provide via the app.
-
Who is the claimant?
What is the sum of their claim?
First correspondence were from claimants debt recovery DCB Legal.
And this was what, a Letter of Claim? If so, what did you do e.g. reply explaining the situation or ignore?
Your defence includes: The parking operator should easily have been able to match the stay to the payment with such a single digit keying error and did not need to pursue the issue further.
Indeed, but similarly the keeper should also have been able to advise them prior to a claim being issued.
The address used by DCBL Legal was what i.e. did it agree in every respect with your V5C?
Taking what you've posted at face value, then IMO there is a clear 'middle ground' which is that the claimant should be claiming no more than the sum provided for under their ATA's Code of Practice in respect of a 'minor keying error'. What proof have you of the keying error?
-
With regard to my defence I'm happy to share it and I may have made a hash of things already but since I park for parking and then have just been threatend with every high charges I am prepared to press this issue. This is what I put on the defence:
The vehicle was parked in the car park. The parking fee was paid for using the smart phone application referenced on the car park signage. The vehicle registration number was entered as xxxxxxx not xxxxxxx. PCN notices were not received and the first correspondence relating to the matter were from the claimant’s debt recovery agent. The parking operator should easily have been able to match the stay to the payment with such a single digit keying error and did not need to pursue the issue further.
However unless I am missing the something with the process the Directions questionaire is not the time to add anything further I assume my defence is what it is?
-
DCBL are the other party's solicitors. You don't send a copy to the party, you send it to their solicitors.
-
Do I have to send a copy to DCBL or do the court do that?
-
The letter states "file it with the court office ..............and serve copies on all other parties" I assume this has got to be through the post does this have to be registered mail or simular?
You don't have to scan the N180, you can just download one onto you computer from https://assets.publishing.service.gov.uk/media/664cb5df993111924d9d3928/N180_0524_save.pdf
Send the N180 as a pdf attachment by email to dq.cnbc@justice.gov.uk and the claimant or their solicitor, if they're using one.
The form can be "signed" by just typing your name in the signature box.
-
The letter states "file it with the court office ..............and serve copies on all other parties" I assume this has got to be through the post does this have to be registered mail or simular?
-
Venue by default is the defendant's (your) home court unless you prefer to use a different court (e.g. if you are working away from home).
DCBL seem to like to request the Claimant's home court, without specifying which court that is, or giving any reason for not using the defendant's home court, despite knowing that this is the default and that they would need a very good reason to get it changed. This is not something that you need to be concerned about, as the courts will simply ignore it.
Less weight will generally be given to evidence not given in person - but if your evidence does not rely on your credibility, that is not an issue.
It is potentially easier to get your point across in a live hearing, but it is generally easier in general to do the whole thing on the papers as regards wasting half a day in court. If you are concerned that you might not have covered all the bases, in a live hearing you should be able to expect the judge to address anything that is obviously missing, potentially giving you an opportunity to fill in the gaps - although that does not generaly extend to raising any new defence points or presenting evidence not disclosed before the hearing.
The courts tend to be very petty regarding the DQs - not so much as regards how accurately you fill it in, but despite the answers usually being the 'default' answers, will quite happily dismiss your defence if you don't submit an N180.
As regards unavailable dates, list any for the next 12 months - if the courts are busy/backlogged/incompetent, they will quite happily list a hearing for a date outwith the 6 month period they asked about and simply tell you that if you want to change it you need to apply with the correct form and correct fee (neither of which are specified beyond that it must be the correct one).
The general consensus is that mediation is a waste of time if there is no "middle ground", and that it generally consists of the claimant trying to browbeat the defendant into giving up by telling him that his defence is hopeless.
If you want advice specific to your case, as opposed to general advice regarding the N180, we are going to need something to work with. If you already have your defence sorted and just want to check the specifics of the DQ form, not so much.
-
buddy, no one has access to Pepipoo anymore, it's been down for some time. Unless you have your specific thread link (and it's been archived by the Internet Archive), then you may have to refresh everyones memories with events, pictures, etc.
-
I've lost track of the process with regard to where I am in the overall court process tbh I was wondering what happens next and I'm not sure of the implication of the various answers such as
D1 Do you consider this claim suitable for deterination without a hearing
E1 Hearing Venue
The is also a advice EX730 included relating to mediation would I be best to take this option?
I am effectively looking for advise on how to fill the N180 in a way that I am going to be able to more easily defend myself by stating I paid for parking but have since received demands for addtional costs which the claimant could have avoided by checking there records. Does that make sense?
-
You'll need to give us a bit more to go on... For starters, what exactly are you looking for advice on?
-
Parked and paid keying a single digit error on VRN. First correspondance were from claimants debt recovery DCB Legal. Got MCOL Claim Form filled AOL and was relying on pepipoo for next steps but have no further access. Defence was in summary Claimant should have been able to cross reference and did not need to pursue a claim. I have notice of proposed allocation to the small claims track. I believe I need to submit Form N180 and I would like advice on how to proceed.