3. County Court Notice for Unpaid PCN (N1SDT)
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Re: County Court Notice for Unpaid PCN (N1SDT)
« Reply #15 on: »
I have no evidence of this, so cannot confirm if I actually did.
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Re: County Court Notice for Unpaid PCN (N1SDT)
« Reply #16 on: »
But you recall clearly paying and overstaying which is the alleged breach and which would undermine the first statement in the draft which is to deny the contravention.

The allegation that the vehicle was on site in excess of the paid-for time or parked without making a valid payment is refuted.

The creditor has your appeal.
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Re: County Court Notice for Unpaid PCN (N1SDT)
« Reply #17 on: »
And If they do not have the appeal because I didn't log one? This was over 2 years ago, I cannot confirm either way but can say I have nothing in email or any other form to say I appealed.

I didn't realise I had overstayed, until I got the PCN.

« Last Edit: October 22, 2024, 06:56:17 am by msquared »
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Re: County Court Notice for Unpaid PCN (N1SDT)
« Reply #18 on: »
We only have your account, we weren't there. As your first and last posts are at odds, I don't know what to make.

Maybe you'll bluff them and they'll not pursue to a hearing. I'm told it happens. Who knows?

But if your first post is correct, then I don't see how you could present any defence which includes some of statements being suggested.
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Re: County Court Notice for Unpaid PCN (N1SDT)
« Reply #19 on: »
Apologies if I'm being dense.

Are you saying if I did appeal and they have that on record, my defence is baseless, however, if I didn't appeal I stand more of a chance of defending the claim?
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Re: County Court Notice for Unpaid PCN (N1SDT)
« Reply #20 on: »
I'm saying that if you know the truth of the matter, as appears in your first post, then you could not submit the draft if it contains incorrect statements and sign a statement of truth. You'd have to modify it.

By all means assert what you have reason to believe is true.
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Re: County Court Notice for Unpaid PCN (N1SDT)
« Reply #21 on: »
At this stage it matters not what you know about the alleged breach of contract. What matters is that the claimant must comply with CPR 16.4 when issuing a claim.

Instead of sitting on the sidelines and trying to be judgmental, HC Andersen could try and offer some useful advice on what the OP should do. The advice provided so far, has come from a real judge and you are following it.

The defence has been submitted and we await the next step.
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Never argue with stupid people. They will drag you down to their level and then beat you with experience” - Mark Twain
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Re: County Court Notice for Unpaid PCN (N1SDT)
« Reply #22 on: »
I don't think HC Andersen can reasonably be described as being judgemental here... It is important to make sure that when using a template defence, OPs aren't inadvertently including statements, signed by a statement of truth, that contradict other statements they have previously made in writing.

That seems to be the point upon which clarity was being sought, which, thankfully, it now seems to have been.
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Re: County Court Notice for Unpaid PCN (N1SDT)
« Reply #23 on: »
Thank you.  :)
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Re: County Court Notice for Unpaid PCN (N1SDT)
« Reply #24 on: »
A mediation appointment has been booked for the 11th of November.

How should i best prepare for this? What should and shouldn't be said?

Thanks.
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Re: County Court Notice for Unpaid PCN (N1SDT)
« Reply #25 on: »
For mediation, it is only mandatory that you "attend" the call. It is not a trial and there is no involvement of a judge or solicitor. You only offer £0 and it is over within minutes. It has absolutely no bearing on the subsequent hearing, should it ever get that far.

Do not let the mediator try and persuade you that you have little chance or anything. They shouldn't, but if they do, ask them what is their legal qualification for their opinion and that you will be making a complaint about them for interference.
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Never argue with stupid people. They will drag you down to their level and then beat you with experience” - Mark Twain
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Re: County Court Notice for Unpaid PCN (N1SDT)
« Reply #26 on: »
Understood, thank you. Is there anything I should refrain from saying, apart from not offering any sort of settlement? Should I prepare a statement to confirm my position perhaps?
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Re: County Court Notice for Unpaid PCN (N1SDT)
« Reply #27 on: »
Just say that you deny any liability for the alleged debt and you will defend the claim unless the claimant accepts £0 and cancels the PCN.

You do not have to go into any of the detail of the claim as it is not part of the judicial process and the mediator should not be asking for any detail. If they do, ask them what legal qualification they have.
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Never argue with stupid people. They will drag you down to their level and then beat you with experience” - Mark Twain
Re: County Court Notice for Unpaid PCN (N1SDT)
« Reply #28 on: »
Thanks again!
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Re: County Court Notice for Unpaid PCN (N1SDT)
« Reply #29 on: »
Quote from: b789 on November 02, 2024, 02:21:14 pm
Just say that you deny any liability for the alleged debt and you will defend the claim unless the claimant accepts £0 and cancels the PCN.

You do not have to go into any of the detail of the claim as it is not part of the judicial process and the mediator should not be asking for any detail. If they do, ask them what legal qualification they have.

Just had the call, I followed your advice. The PCN issuer did try and offer settlement which i refuted.

The next step now according to the mediator is I will hear from the "small claims court process". What should I expect?

Thanks.
« Last Edit: November 12, 2024, 12:40:22 pm by msquared »
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  3. County Court Notice for Unpaid PCN (N1SDT)