Pcn court claim

[dba7108]

I have received a mcol claim form from a parking company as I over stayed my parking by 10 mins taking my young son to the toilet.They want nearly £300.
Can anyone advise does the defence have to be written in legal jargon or can I just write it as it is so to say. Thanks

[balham123]

Raise a case on ftla.uk or the money saving expert PCN forum.

[dba7108]

[paintman]

Keep it simple & in plain English.

[Ian Geary]

So £170 is the penalty.

A bit of interest. What takes it up to £300? Costs and legal fees?

I didn't think they could be recovered via "small claims" aka mcol?

Is this the first you've heard of it? As often there is an offer to settle at a reduced cost promptly.

Councils now offer 10 mins grace i believe, but not sure that will be enough of a defence to say why the contract was broken on its own.

[Racing Newt]

Is this the first indication/communication you have had in regard to this situation??

[ADJimbo]

OP - no need to use jargon in your defence. Plain English, from your own perspective is fine. It’ll actually make the DJ’s life a bit simpler on the day.

Costs? Not on this track. They’re trying it on. Submit your defence, as instructed, and post it off. You’ll then be sent a N180 DQ after a few months. From my experience, it’ll be heard remotely, they’ll deploy an idiot and it’s over in minutes. A DJ will have no time for them.

As an aside, in your defence, cheekily point them towards £170 is not a ‘genuine pre-estimate of loss’ and the figure is punitive which is not what MCOL is about. In real terms, I come round to your abode, you’ve put the kettle on and I shovel down a packet of your Chocolate Hob-Knobs then your genuine loss will be the price of a new packet of Chocolate Hob-Knobs, say £2.00. Job jobbed. I have to give you the £2.00.

The point I’m making is they can/should only chase you on this track for their actual loss in revenue and not punitive compensation.

Have a read on ParkingEye Ltd v Beavis. Refer them to the Supreme Court Ruling. Stick it in your defence paperwork and they’ll soon pipe-down and won’t want the trouble. Offer to send them £x.xx for x amount of hours you’d have spent on parking - at their published rate, to mitigate their loss to avoid their wild attempt to being vexatiously troublesome in the Court - and you’re home and dry…

I do hope this helps.

[Red Devil]

balham123 said:

Raise a case on ftla.uk or the money saving expert PCN forum.

^^This is the right answer. ^^
Go there before you respond to the PPC.
The MSE forum is miles better than ftla (the not-that-great successor to Pepipoo).
You'll be expected to do some homework (reading) rather than be spoon-fed though.

[Tommo87]

Ian Geary said:

So £170 is the penalty.

A bit of interest. What takes it up to £300? Costs and legal fees?

I didn't think they could be recovered via "small claims" aka mcol?

Is this the first you've heard of it? As often there is an offer to settle at a reduced cost promptly.

Councils now offer 10 mins grace i believe, but not sure that will be enough of a defence to say why the contract was broken on its own.

I thought everyone had a 10min grace period to pay on exit.

[Aretnap]

Ian Geary said:

So £170 is the penalty.

A bit of interest. What takes it up to £300? Costs and legal fees?

I didn't think they could be recovered via "small claims" aka mcol?

MCOL is not limited to small claims.

For the small claims track the costs and fees that can be recovered are generally very limited but not zero. Higher costs can also be awarded if the court finds that one party has acted while unreasonably.

Edited by Aretnap on Saturday 7th June 09:29