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Woz

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PCN court letter
« on: December 30, 2024, 12:00:09 pm »
Hi everyone. I’m a new member trying to find some guidance with a PCN that has recently gone to court. Any help would be very much appreciated. Thankyou in advance.

A bit of back story.

My wife received 2 pcns on different days one being 23/09/2023 and the other was on 03/10/2023. My wife was not driving, I was.

On both occasions I was minutes late to buy another ticket to extend my time parking. I paid on both occasions a lot more time than used.

I tried to explain this to the parking company through their website but unfortunately they didn’t except my response. Now a Court letter has come through the post and I’ve acknowledged service. But I’m unsure of what to do next. Please help if possible. I’m terrible at this sort of thing.
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DWMB2

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Re: PCN court letter
« Reply #1 on: December 30, 2024, 12:03:19 pm »
Welcome. Some initial questions:

  • Who is the claim against? You, or your wife?
  • When did you acknowledge service?
  • How did you acknowledge service? Online using MCOL, or by post?
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Woz

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Re: PCN court letter
« Reply #2 on: December 30, 2024, 12:16:40 pm »
Wow. What a quick response, thankyou.

The claim is against my wife. She is the registered keeper.

I acknowledged service on 19/12/2024.

I acknowledged service online via MCOL.

Thanks again.
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b789

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Re: PCN court letter
« Reply #3 on: December 30, 2024, 03:31:16 pm »
With an issue date of 28th November and having submitted your AoS in a timely manner, you had until 4pm on Friday 27th December to submit your defence. Since that time, the claimant is able to request an automatic CCJ against the defendant.

I suggest you immediately (right now) submit the defence, any defence, in the hope they have not already issued the CCJ. We don’t normally suggest using the MCOL for submitting a defence but you are in a race against time.

Luckily there was a similar case a day or so where I provided a suitable defence for use on MCOL and I will provide it here as soon as I find it.
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b789

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Re: PCN court letter
« Reply #4 on: December 30, 2024, 03:34:16 pm »
Found it…

Quote
You do not have time to submit anything else and because the MCOL form removes all formatting and is limited to 122 lines of 45 characters, including spaces and punctuation, here is a very basic defence you can submit by copying and pasting:

Quote
1. The Defendant denies liability for this claim.

2. The Particulars of Claim are woefully inadequate and fail to comply with CPR 16.4. As such, the Defendant is unable to provide a properly pleaded defence.

3. Specifically, the Particulars of Claim fail to:

(a) include or detail the alleged contract, breaching CPR PD 16.7.5;
(b) specify the exact wording of the contractual terms allegedly breached;
(c) specify where, when, or how long the alleged breach occurred;
(d) clearly set out a breakdown of the claim, including parking charges, damages, or interest calculations;
(e) clarify whether the Defendant is being pursued as the driver or the keeper.

4. The lack of detail in the Particulars of Claim leaves the Defendant unable to understand the case or prepare a defence.

5. The Defendant requests that the claim be struck out pursuant to CPR 3.4(2)(a) on the grounds that the Particulars of Claim disclose no reasonable grounds for bringing the claim.

6. In the alternative, the Defendant requests that the Claimant be ordered to provide complete and particularised Particulars of Claim that fully comply with CPR 16.4 in all respects.
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DWMB2

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Re: PCN court letter
« Reply #5 on: December 30, 2024, 03:56:15 pm »
The above from b789 is correct, particularly around the urgency of the matter given that your defence is now overdue.

I did want to pick up on something for clarity... you state:
Quote from: Woz on December 30, 2024, 12:16:40 pm
The claim is against my wife.
Then go on to state:
Quote from: Woz on December 30, 2024, 12:16:40 pm
I acknowledged service on 19/12/2024.
If your wife is the defendant, she should be the one doing this (or, at least, it should be done in her name) - has this been done in her name?
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Woz

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Re: PCN court letter
« Reply #6 on: December 30, 2024, 04:28:05 pm »
Thankyou for your help. I have now submitted my defence copied and pasted from here, online with MCOl.

Sorry for confusing things. The claim is against my wife and I submitted the AOS in her name on her behalf.

I stupidly thought I had 28 days after submitting the AOS to sort out a defence.

Thanks again fingers crossed I suppose.
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b789

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Re: PCN court letter
« Reply #7 on: December 30, 2024, 04:34:55 pm »
Fingers crossed they have not already pressed the button to obtain the default CCJ. Keep checking the MCOL history for updates.
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Woz

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Re: PCN court letter
« Reply #8 on: December 30, 2024, 04:38:29 pm »
Do you think the underlined sentence may help me out a bit.
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b789

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Re: PCN court letter
« Reply #9 on: December 30, 2024, 04:58:26 pm »
Quote from: Woz on December 30, 2024, 04:38:29 pm
Do you think the underlined sentence may help me out a bit.

Excuse my bad maths. It doesn't matter if you pass the deadline as long as the claimant hasn't pressed the default CCJ button.

With an issue date of Thursday 28th November, the claim was served on Tuesday 3rd December. You had until Tuesday 17th December to submit your AoS. You submitted the AoS on Thursday 19th December (late). By doing the AoS, you therefore extended the time to submit the defence to 4pm tomorrow, Tuesday 31st December.

The claimant could have pressed the button for a default CCJ on Wednesday 18th December as the AoS/defence was past the deadline. If they didn't, then you are very lucky.
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Woz

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Re: PCN court letter
« Reply #10 on: December 30, 2024, 05:05:31 pm »
Ahhhh ok thanks for clearing that up for me. Still fingers crossed I can have some good luck for once. Thanks to everyone again. This help is very much appreciated.
 
I’ll think of a way that I can repay the website for the help given. Win or lose.
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b789

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Re: PCN court letter
« Reply #11 on: December 30, 2024, 05:14:49 pm »
You won't be paying a penny. The claim will be discontinued some time next year, as long as it has been defended, before they have to pay the trial fee.

You are now waiting for acknowledgement of your defence by the claimant and then your N180 DQ which we'll advise on when you tell us about it.
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Woz

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Re: PCN court letter
« Reply #12 on: December 30, 2024, 07:15:08 pm »
That’s great to hear. Hopefully they have been too busy for Christmas to press the CCJ button.

honestly, can’t thank you guys enough. Hope you all have had a good Christmas and all the best for new year.
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Woz

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Re: PCN court letter
« Reply #13 on: December 30, 2024, 07:37:14 pm »
Bit of context to show I’m not just trying to “get off” a legitimate claim
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Woz

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Re: PCN court letter
« Reply #14 on: December 30, 2024, 07:44:33 pm »
Another one
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