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SCDH

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  1. Quick question. I'm keeping positive about this but does anyone know if there are likely to be further added legal costs (other than already stated on the Claim Form) if the case goes against me and in what sort of price bracket? The Claim Form states £35 Court fee and £50 Legal representative's costs in addition to their claim. I just wondered what other costs they could add?
  2. Thanks. Shame this case was a tad too early for the new controls on PPC's. Yes, de minimis can be used as part of a defence but I understand that a positive outcome can't be guaranteed.
  3. Thanks for revising the dates for AOS and defence filing and the claim form thread link. Thanks Brassnecked. Yes, it's good to keep that in mind. It's crazy it's got this far! As you probably know from Jan 2020 the BPA advised members not to pursue motorists for incorrect reg entry but it's only advise and not mandatory.
  4. I've just spoken to the County Court Business Centre. I just have to complete and scan the docs and send them to that email address.
  5. Thanks DX. I've already registered on the MCOL website and followed the process to and received the confirmation code and got the government gateway ID. It's just that after logging into MCOL I'm unable to proceed past 'Respond to a claim made against you' until my 'Defence pack password' is accepted. They've responded to my email and said that I can do the same by emailing them at [email protected]
  6. Thanks Andy, I'll do that. I've just put in a help request and they said they will respond within 3 days.
  7. Yes, I've registered and got my Government Gateway ID number and MCOL customer number but I haven't got a gateway user name. I can't remember being asked for one?
  8. Thanks Honey Bee, I've tried to set up an account but it's not accepting the defence password in the Important Note box on the bottom right of the first page. I'll have to ask them for support.
  9. Name of the Claimant : NATIONAL PARKING ENFORCEMENT Claimants Solicitors: BW Legal Date of issue – 18th nov 2021 Date for AOS - 6th dec Date to submit Defence - 20th dec What is the claim for – 1.The Claim for the sum of .... being due from the Defendant in respect of a Parking Charge Notice (PCN) for a contractual breach which occurred on .... in the private car/park land at ..... 2.The PCN was issued as the driver failed to comply with the terms and conditions , as displayed . 3.Despite demands, the charge remains unpaid. 4.The claim also includes statutory interest pursuant to section 69 of the County Courts Act 1984 at the rate of 8% per annum (a daily rate of £0.02) from .... to ... being an amount of ... The claimant also claims £60 recovery costs as set out in the Terms and Conditions and in the ATA AoS Code of Practice.
  10. Many thanks honeybee13, As requested, my answers are as follows: Please answer the following questions for ANPR. 1 Date of the infringement 23rd February 2018 2 Date on the NTK [this must have been received within 14 days from the 'offence' date] 28th February 2018 3 Date received Can't remember - approximately within a week. 4 Does the NTK mention schedule 4 of The Protections of Freedoms Act 2012? [Y/N?] Yes it does. 5 Is there any photographic evidence of the event? Yes, a photos of my car entering and leaving and the registration number 6 Have you appealed? [Y/N?] post up your appeal] No Have you had a response? [Y/N?] post it up N/A 7 Who is the parking company? National Parking Enforcement 8. Where exactly [carpark name and town] MJB Winelodge, Bridge Road, Lowestoft, Suffolk NR32 3LR For either option, does it say which appeals body they operate under. Independent Appeals Service www.theias.org
  11. Just received the Claim Form from the County Court Business Centre. Defend in writing on NB9 or pay within 14 days after date of issue. If I ignore then I'll be found guilty by default and a CCJ if I don't pay within a month. According to CAB, the court can decide to strike out a defence claim with no hearing if they don't see it as a valid defence. If it goes ahead the claimant can add further costs. Looks like it's decision time!
  12. Thanks gents, I've obviously made mistakes with the statement of payment confirming me as the driver but it also helps to confirm payment was made, bit of a double edged sword but lesson learnt. Point taken about not discussing points of law and yes, I can't see the difference between getting a quid from the chippy or anywhere else. Also, good to know they can't enforce trespass or reverse trespass. As advised by all of you, I'll let them make the next move.
  13. Thanks DX, While your communications are direct, I do appreciate your knowledge and experience in these matters and genuinely value your input. As far as I see it, the facts are the facts and I'm certainly not going to commit perjury in court by saying anything other than what the statement says. I know you weren't implying that, I'm just saying that the statement tells the truth and I can't deviate from it. However, I do take your point about not playing my cards early. While they might have a technical point over a breach by leaving the carpark to get the money for the machine, I would counter that with the point that it was very dark and the machine had no lighting. Also, the street lights were facing away from all signage resulting in poor lighting to read. As a result, it's hard to be responsible for an accidental breach if you aren't aware of the terms when first entering the carpark. However, I respect your advice if you think otherwise. Can you confirm that I need to receive another Letter of Claim before having to respond? Many thanks.
  14. Because it demonstrates that payment was made and when I mentioned it on the forum earlier the response was positive. If it goes to court they would see that statement anyway.
  15. I've attached it minus names and dates. Not so much a witness statement as he didn't see me put the money in the meter. More a statement of payment really. Statement.pdf
  16. Dear all, I've just had a letter from BW Legal (attached) which is in response to my letter after receiving their LBC. As you will see, they quote Parkingeye V Beavis in the fact that they don't have to consider loss as a relevant factor. While they state a full and correct reg must be entered to avoid becoming liable for a PCN, they obviously don't mention that it's a demines offence but are happy to discuss it in court. I would also value opinions on their view that once I left the carpark to receive payment for the meter the offence was complete. Thanks in advance again for all your help. Snotty Letter Response.pdf
  17. Thanks for taking a look. I just didn't want cause confrontation for the sake of it but I take your point and I appreciate there are no guarantees. Good advice about copied to COPIED TO NATIONAL PARKING ENFORCEMENT LTD and quoting the PCN reference number on the letters. I was going to ask if the letters needed to be registered post but you've answered my question by getting certificates of posting. I'll update the thread on the response or lack of when their cut off date to reply has passed.
  18. Many thanks FTM Dave. Really appreciate your help with this! That's great and have quoted chapter and verse in the revised 'Reply Letter of Claim'. Reply Letter of Claim - BW Legal.pdf
  19. My first draft attached is based on a post half way down the link from FTM Dave. However, I would like to find info referring to mistyped reg numbers and how it's not acceptable to fine motorists for a mistyped entry. Any ideas how to find this info or proposed info so I can quote section and para to back up the info in the letter would be really appreciated. Many thanks. Parking code enforcement framework - GOV.UK WWW.GOV.UK We are consulting on new measures to improve the regulation of the private parking industry. Others have said how the new Reply Letter of Claim - BW Legal.pdf
  20. Thanks Brassnecked, I did set the search box at the top of the page to Google but couldn't make too much sense out of the results? I'm sure I'll get the gist in due course.
  21. Thanks Honeybee, I did post the details from the sticky on the first page but here they are again unless you mean something else? As requested, my answers are as follows: Please answer the following questions for ANPR. 1 Date of the infringement 23rd February 2018 2 Date on the NTK [this must have been received within 14 days from the 'offence' date] 28th February 2018 3 Date received Can't remember - approximately within a week. 4 Does the NTK mention schedule 4 of The Protections of Freedoms Act 2012? [Y/N?] Yes it does. 5 Is there any photographic evidence of the event? Yes, a photos of my car entering and leaving and the registration number 6 Have you appealed? [Y/N?] post up your appeal] No Have you had a response? [Y/N?] post it up N/A 7 Who is the parking company? National Parking Enforcement 8. Where exactly [carpark name and town] MJB Winelodge, Bridge Road, Lowestoft, Suffolk NR32 3LR For either option, does it say which appeals body they operate under. Independent Appeals Service www.theias.org Letter of Claim.pdf
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