3. Received N1SDT claim form for private parking fine
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Received N1SDT claim form for private parking fine
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I received the below N1SDT claim form from a ParkingEye fine that I ignored.

Can anyone help me with how to reply to it?

Thanks!

Redacted Letter:
« Last Edit: February 15, 2024, 05:11:33 pm by Worzel »
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Re: Received N1SDT claim form for private parking fine
« Reply #1 on: »
Quote from: Worzel on February 15, 2024, 11:50:12 am
I received the below N1SDT claim form from a ParkingEye fine that I ignored.
Ignoring the charge means you now unfortunately start on the back foot, but let's see what we're working with.

Take a look at the following thread - READ THIS FIRST - Private Parking Charges Forum guide. We could do with seeing much of the information requested in that thread, including:
  • A copy of the original Parking Charge Notice
  • An explanation of the situation, i.e. the incident that gave rise to the charge being issued, and any reasons you think the money may not be owed
  • Photos of the signage at the car park in question

It may also be a good idea to have a thorough read of the following thread from the MoneySavingExpert forum (external site) - **NEWBIES!! PRIVATE PARKING TICKET? OLD OR NEW? **READ THESE FAQS FIRST!** - It thoroughly explains the court process you are now in, including what needs filing and when, as well as how to do it.

You should have received a "Letter Before Claim" or similar from ParkingEye shortly before this claim form, did you? If so, I assume this too was ignored?
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Re: Received N1SDT claim form for private parking fine
« Reply #2 on: »
Thanks,

I don't recall receiving a letter before claim but may have and binned it.

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Re: Received N1SDT claim form for private parking fine
« Reply #3 on: »
OP, you may want to redact the claim number, MCOL password, your vehicle VRM and PCN number from the image you have posted. Anyone with ill-intent can cause you a lot of problems with the information if the so desired.

I just went on the PE website with your details and it says there is now £205 outstanding and, of course, it is too late to appeal. Here are the evidence images that PE say they have of the car:



Here is a suitably redacted version if you'd like to use it instead of the original:

« Last Edit: February 15, 2024, 03:39:34 pm by b789 »
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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: Received N1SDT claim form for private parking fine
« Reply #4 on: »
OP, you must acknowledge service of this claim (AoS) no later than 2nd March. There is no advantage in delaying the AoS. By doing the AoS, you then have until 4pm on Monday 18th March to submit a defence as a PDF attachment to an email.

Ignoring this would not end well for you. However, defending it is not difficult.

Do you still have the original Notice to Keeper (NtK)? If you do, please show us, suitably redacted of personal details, PCN number and VRM but keeping all dates visible, we will be able to analyse your situation a bit better.

If you can get some photos of the signs at the location, that would also be useful. It is interesting that PE now add £20 to original charge of £100 without justifying it, as far as I can see.

Did you contact the hotel management and complain to them about this invoice you received from PE? Were you a patron of the hotel?
« Last Edit: February 15, 2024, 03:54:40 pm by b789 »
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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: Received N1SDT claim form for private parking fine
« Reply #5 on: »
Hi,

In answering the questions:

Quote
A copy of the original Parking Charge Notice

Sorry I don't have this, binned them  :-\

Quote
An explanation of the situation, i.e. the incident that gave rise to the charge being issued, and any reasons you think the money may not be owed

The driver was not me, it was a family member who was visiting from Taiwan. He does not live in the UK and was just here staying with us.


Quote
Photos of the signage at the car park in question

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Re: Received N1SDT claim form for private parking fine
« Reply #6 on: »
Quote
If you can get some photos of the signs at the location, that would also be useful. It is interesting that PE now add £20 to original charge of £100 without justifying it, as far as I can see.

I'll try and get the photos next time I'm in Exeter. How do you know the original charge was £100?

Quote
Did you contact the hotel management and complain to them about this invoice you received from PE? Were you a patron of the hotel?

Yes, I rang them. They took the ref number and said he would try and cancel it but the system wouldn't let him. The driver was not staying at the hotel but taking someone else who was doing a government immigration test at some room in the hotel.
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Re: Received N1SDT claim form for private parking fine
« Reply #7 on: »
That GSV image of the "sign" doesn't help. Also, it's from September 2022. What we need to see is the wording on the signs that contain the "terms". Is there any mention of how the charge can go from £100 to £120?

If the driver is from and is a resident of Taiwan, you could have transferred liability to the driver using their residential address. Too late for that now though.
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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: Received N1SDT claim form for private parking fine
« Reply #8 on: »
Quote
If the driver is from and is a resident of Taiwan, you could have transferred liability to the driver using their residential address. Too late for that now though.

Ah I see. What is a valid defence for a PCN? car breakdown?
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Re: Received N1SDT claim form for private parking fine
« Reply #9 on: »
Quote
How do you know the original charge was £100?
It invariably is. Without seeing the actual signage, we can't be sure though.

Within the last year, PE have started adding £20 on top of the original charge of £100. We have no idea why. In most instances, they don't use a roboclaim solicitor and use their own legals in house to file the claims. Raising the issue of the added £20 is one of the points that will be made in the defence.

If there is no mention of the extra £20 in the terms (and there often isn't) and without explaining it (is it a DRA fee or damages or something else?), then it can be argued that the claim should be thrown out. I'll leave it to the others who can explain it better than I have done here.
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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: Received N1SDT claim form for private parking fine
« Reply #10 on: »
Quote
What is a valid defence for a PCN? car breakdown?

Did the car break down? If you are going to file a defence, it must be signed with a Statement of Truth. Whilst this is a civil matter, you don't want it to become a criminal matter by lying to the court. Unreasonable behaviour could cost you a lot more than the original claim.

You need to have a read of this thread from the MSE parking forum which provides a template defence you can adapt:

Template defence to adapt for all parking cases with added 'admin/DRA' costs - edited 31st July 2023
« Last Edit: February 15, 2024, 04:45:48 pm by b789 »
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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: Received N1SDT claim form for private parking fine
« Reply #11 on: »
We apply the law to the facts not the other way around.
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Re: Received N1SDT claim form for private parking fine
« Reply #12 on: »
Yes the car broke down and I have AA sms messages to evidence the breakdown.
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Re: Received N1SDT claim form for private parking fine
« Reply #13 on: »
Quote from: Worzel on February 15, 2024, 04:47:02 pm
Yes the car broke down and I have AA sms messages to evidence the breakdown.

Without seeing the original NtK, it is not clear enough from the Particulars of Claim (PoC) how long the vehicle was on site. However, it does say that no payment was made and you mentioned earlier that the driver was a patron of the hotel. If the driver was a patron, why didn't they pay the appropriate tariff? At what point did the driver "break down"? Did they arrive in a "broken down" state or did the vehicle become "broken down" when they tried to leave? Either way, if the driver was a patron of the hotel anyway, I don't see how the "broken down" circumstance can be used as a defence if no payment was ever made for the duration that they were a patron.
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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: Received N1SDT claim form for private parking fine
« Reply #14 on: »
Ok let's forget the breakdown. My son was choking on a sweet and I pulled into the hotel in an emergency. I didn't pay attention to signs etc as I was in too much a distressed state to notice.
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  3. Received N1SDT claim form for private parking fine