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Private parking tickets / Overstay - Euro Car Parks Limited (DCB LEGAL) - MFG Mumbles, Swansea - Offer received, PoC amended, Defence necessary
« on: June 04, 2025, 11:13:47 pm »
Hi all,
28/04/2023 the driver of the vehicle entered the garage forecourt and did not see any signage referring to maximum stay period. They used services at the garage, walked to try get cell service and fell injuring their wrist. This caused them to go in to shock and wait to return to the vehicle. They returned to the vehicle, unknowingly overstaying the time limit, and left.
The registered keeper of the Vehicle received a PCN in the following days (only final notice available) along with the following correspondence:
https://imgur.com/a/eZP0gYl
Steps were followed as advised, mediation was undertaken and the registered keeper is happy to proceed and indicated so in the N180 Directions (see images https://imgur.com/a/eZP0gYl).
Following this, Transfer of Proceedings took place and a General Form of Judgement or Order requesting further and better particulars of the claim by 28 May 2025 and Defendant to file a Defence by 18 June 2025 (14 days).
Amended PoC from claimant was received within the time period however the Defendant does not believe the claimant has evidence to justify stating that the defendant was the driver. To pursue someone 'on the balance of probabilities' rather than factual evidence is not seen as reasonable.
Advice on next steps, further information required and information to include in the defence would be much appreciated.
28/04/2023 the driver of the vehicle entered the garage forecourt and did not see any signage referring to maximum stay period. They used services at the garage, walked to try get cell service and fell injuring their wrist. This caused them to go in to shock and wait to return to the vehicle. They returned to the vehicle, unknowingly overstaying the time limit, and left.
The registered keeper of the Vehicle received a PCN in the following days (only final notice available) along with the following correspondence:
https://imgur.com/a/eZP0gYl
Steps were followed as advised, mediation was undertaken and the registered keeper is happy to proceed and indicated so in the N180 Directions (see images https://imgur.com/a/eZP0gYl).
Following this, Transfer of Proceedings took place and a General Form of Judgement or Order requesting further and better particulars of the claim by 28 May 2025 and Defendant to file a Defence by 18 June 2025 (14 days).
Amended PoC from claimant was received within the time period however the Defendant does not believe the claimant has evidence to justify stating that the defendant was the driver. To pursue someone 'on the balance of probabilities' rather than factual evidence is not seen as reasonable.
Advice on next steps, further information required and information to include in the defence would be much appreciated.