UKPCM windscreen PCN claimform -

[lookinforinfo]

26 minutes ago, Nobby_v said:

DX no not yet. 

 

 

 

[dx100uk]

But you returned an n180 you say, but you did that (incorrectly) at the time of sending your defence off too, so might have been ignored then?

 

dx

[lookinforinfo]

A few matters Nobby.

The Notice to Driver and the Notice to Keeper are important documents that if not compliant with the Act  then the alleged debt cannot be transferred  from the driver to the keeper. As you were not the driver had you not named the driver it would have been virtually impossible for CPM to win. Of course your PCNs may have been compliant but CPM are not noted for their ability in getting it right. And without seeing them we cannot tell which is why seeing them is vital to help your case.

 

So it would be a great help if you could produce relevant documents from CPM  even if in digital form. We do need to see what CPM and their solicitors are saying to you rather than seeing what you are saying to them. Your letters to them are probably confirming that they will be feeling confident of winning against you especially if you go ahead with asking for conciliation. 

 

By the time your case comes to Court CPM will be asking the Court for somewhere around £300 and they will be in no mood to accept anything like £60. They will run rings round you going by the letters you have shown and for that reason we never recommend mediation  as the parking companies are not above misleading the Courts and without having the knowledge to challenge those errors [also known as lies] it will be very  difficult for you.

 

You should be receiving their Witness Statement from them in a while. When you get it, please post up here all that they send as it will include the contract as well as the PCNs and there are often things that they have to include that can spoil their case against you.

 

You will be able to respond to their Witness Statement which we can help to point out where they have gone wrong and may well be able to get you out of paying anything at all. But time is getting short and we do need to see the information that are needed and tonight would be great.

 

 

 

 

 

[Nobby_v]

Ok, thank you for you help on this one. 

 

I will look out the original papers - some time ago so not sure.

 

But as you say, they will duplicate them in the witness statement.

 

Richard

 

 

[FTMDave]

So - have you got any proof at all that you named the driver?  Like a copy of what you sent plus Certificate of Posting.

 

Again - have you proof you sent the SAR?  Again like Certificate of Posting.

 

 

[Nobby_v]

We have copies of the letters x 3 sent to the debt collectors.

No copies of the document returned originally.

Part of our years is spent in Spain, we think some documents are there. But not back until July.

No certificate of posting - well not on the early documents

 

Waiting for their witness statement to determine the original claims and letters, but nothing so far since 

the acceptence of mediation - which now seems like a bad idea. 

 

 

[FTMDave]

Well you've made mistakes here - but hey, haven't we all when first faced with a legal dispute - the important thing is to learn not to repeat mistakes in the future.

 

Don't worry about mediation.  I think you can withdraw from it.  If not, during mediation just say you informed them immediately of the driver's identity, therefore they are suing the wrong person, therefore the only solution you will accept is them withdrawing the claim.

 

Personally I'd repeat the SAR, only this time get a free Certificate of Posting from the post office.  I'd also change the first part from

 

Please supply me with copies of all the data which you hold on me in relation to any matter and in any form and for any period of time.

 

to

 

Please supply me with copies of all the data which you hold on me in relation to any matter and in any form and for any period of time.  Kindly note this is the second time I have requested this information and if you do not reply this time you will be getting a Letter of Claim and then I will sue you in the county court.

 

My thinking is that, yes, they will have to play their cards at WS stage, but if they file their WS say, two days before the court's deadline, you will then have to create your own WS in 48 hours.  Much better to have the info now.

 

If none of the others object, get the SAR off tomorrow, get a free Certificate of Posting from the post office, and bung in some ID like a Council Tax bill so they don't have an excuse to delay things while they "check" ID.

[Nobby_v]

FTM  Dave.Thanks

 

SAR sent today.

 

Thanks in advance.