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#Post#: 39914--------------------------------------------------
Reading Moto West - Did Not Receive Notice
DIR By: LemonTootski
Date: October 9, 2024, 3:06 am
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I hope you're well.
I've been extremely busy with a PhD project and traveling a lot,
so I was surprised to find this notice in the mail. I vaguely
recall parking or briefly driving through the Hampstead car park
with my family one afternoon, but I was completely unaware of
any Penalty Charge Notice (PCN) being issued at the time.
Upon opening the letter, I was shocked and quite stressed to see
this unexpected notice.
I would like to contest the charge through the moneyclaim.gov
website, and I believe I still have a few days left to do so.
I’m seeking any advice you may have on how best to represent
myself in this situation.
Additionally, I have no details regarding the case and was
wondering if I can submit a Subject Access Request to obtain
more information. If so, who should I address this to?
Now by searching through this thread, I also came across another
post where someone parked in Hampstead Heath Car Park and did
not receive a charge notice:
HTML https://www.ftla.uk/private-parking-tickets/parking-ticket-didn't-arrive-in-the-post-hampstead-heath-car-park/msg39305/#msg39305
I wouldn't want to cannibalise that thread, so starting my own
thread here.
Any guidance or support you can provide would be greatly
appreciated.
Thank you in advance for your help:
HTML https://i.ibb.co/XZyZBFq/1-Redacted.jpg
HTML https://ibb.co/4ZsZy4H
HTML https://i.ibb.co/565dtt4/2.jpg
HTML https://ibb.co/TkHZpp2
HTML https://i.ibb.co/QDbBMdH/5-Redacted.jpg
HTML https://ibb.co/cYg5QL8
HTML https://i.ibb.co/h92B3Sb/6.jpg
HTML https://ibb.co/fFrkjsf
HTML https://i.ibb.co/Bfvf9pj/3-Redacted.jpg
HTML https://ibb.co/S6H6zj0
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HTML https://ibb.co/DGPY0Gf
HTML https://i.ibb.co/1LsPKTV/7-Redacted.jpg
HTML https://ibb.co/2y8CPd2
#Post#: 39915--------------------------------------------------
Re: Hampstead Heath Car Park - Did Not Receive Penalty Notice
DIR By: DWMB2
Date: October 9, 2024, 3:18 am
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The first thing you need to do is acknowledge service, online on
the MCOL system. Leave the defence box completely blank when you
do this, the defence will be sent by email at a later date.
You need to acknowledge service urgently.
#Post#: 40447--------------------------------------------------
Re: Hampstead Heath Car Park - Did Not Receive Penalty Notice
DIR By: LemonTootski
Date: October 11, 2024, 4:56 pm
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Hi,
Thanks for responding.
Can you advise more detail about filling out the MCOL online
form?
What do I put in 'Defendant Details'
What do I put in 'Submit Claim / Claim Particulars'
Am I submitting a claim?
Sorry, just a bit lost here and don't want to shoot myself in
the foot by putting anything I should'nt...
#Post#: 40454--------------------------------------------------
Re: Hampstead Heath Car Park - Did Not Receive Penalty Notice
DIR By: b789
Date: October 11, 2024, 6:34 pm
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Please, we only need to see the N1SDT Claim form. All the other
forms can go in the bin. Please delete all the other images of
the forms.
With an issue date of 26th September, you have until Tuesday
15th October to submit your Acknowledgement of Service (AoS). To
submit your AoS, follow the advice in this PDF:
HTML https://www.dropbox.com/s/xvqu3bask5m0zir/money-claim-online-How-to-Acknowledge.pdf?dl=0
There is no advantage to delaying the AoS. Once the AoS has been
submitted, you then have until 4pm on Tuesday 29th October to
file your defence.
Let us know when you’ve submitted your AoS and we’ll provide a
suitable defence and draft order that will be submitted as PDF
attachments in an email to claimresponses.cnbc@justice.gov.uk.
#Post#: 40588--------------------------------------------------
Re: Hampstead Heath Car Park - Did Not Receive Penalty Notice
DIR By: LemonTootski
Date: October 13, 2024, 4:38 pm
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Hi B789.
Thanks For your info. I would have had no idea about this AOS,
and probably would have made my situation worse by trying to
fill out/fudge details erroneously.
Anyway. I have now submitted an Acknowledgment of Service.
Still i have no idea of how this claim against be came to be,
nor received any tickets. Should I instigate a Subject Access
Request?
Please feel free to advise what the next step is.
#Post#: 40611--------------------------------------------------
Re: Hampstead Heath Car Park - Did Not Receive Penalty Notice
DIR By: b789
Date: October 13, 2024, 5:48 pm
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No SAR. I will get a defence for you tomorrow.
The Particulars of Claim have to satisfy CPR 16.4. They don’t
which is why you have no idea what the claim is all about.
#Post#: 41356--------------------------------------------------
Re: Hampstead Heath Car Park - Did Not Receive Penalty Notice
DIR By: LemonTootski
Date: October 18, 2024, 7:25 am
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Hi There b789,
I hope all is good.
Just touching base with this to see if there's any wording or
info you can give for me to put in a defenc against this claim.
Any timely info would be most welcome.
Thanks in advance
Best
tootski.
#Post#: 41366--------------------------------------------------
Re: Hampstead Heath Car Park - Did Not Receive Penalty Notice
DIR By: b789
Date: October 18, 2024, 8:52 am
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Apologies for the delay and than you for reminding me. Here is
the defence and below it a link to the Draft Order that goes
with it:
--- Quote ---
> [center]IN THE COUNTY COURT[/center]
> [right]Claim No: [Claim Number][/right]
>
> [center]BETWEEN:
>
> [Claimant's Full Name]

> Claimant
>
> - and -
>
> [Defendant's Full Name]
> 
Defendant
>
>
---------------------------------------------------------
>
> DEFENCE[/center]
>
>
> 1. The Defendant denies any liability for this claim.
>
> 2. There is a lack of precise detail in the Particulars of
Claim (PoC) in respect of the factual and legal allegations made
against the Defendant such that the PoC do not comply with CPR
16.4.
>
> 3. The Defendant is unable to plead properly to the PoC
because:
>
> [indent](a) The contract referred to is not detailed or
attached to the PoC in accordance with CPR PD 16(7.5);
>
> (b) The PoC do not state the exact wording of the clause (or
clauses) of the terms and conditions of the contract (or
contracts) which is/are relied on;
>
> (c) The PoC do not set out the reason (or reasons) why the
claimant asserts the defendant has
> breached the contract (or contracts);
>
> (d) The PoC do not state with sufficient particularity exactly
where the breach occurred, the exact time when the breach
occurred and how long it is alleged that the vehicle was parked
before the parking charge was allegedly incurred;
>
> (e) The PoC do not state exactly how the claim for statutory
interest is calculated;
>
> (f) The PoC do not state what proportion of the claim is the
parking charge and what proportion is damages;
>
> (g) The PoC states that the Claimant is suing the defendant as
the driver or the keeper. The claimant obviously knows whether
the defendant is being sued as the driver or the keeper and
should not be permitted to plead alternative causes of
action.[/indent]
>
> 4. The Defendant has attached to this defence a copy of an
order made at another court which the allocating judge ought to
make at this stage so that the Defendant can then know and
understand the case which he/she/it faces and can then respond
properly to the claim.
>
> Statement of truth
>
> I believe that the facts stated in this Defence are true. I
understand that proceedings for contempt of court may be brought
against anyone who makes, or causes to be made, a false
statement in a document verified by a statement of truth without
an honest belief in its truth.
>
> Signed:
>
>
> Date:
--- End Quote ---
Draft Order for the defence
HTML https://www.dropbox.com/scl/fi/z8zcqfdncdoajgj4ag6a4/short-defence-order.pdf?rlkey=at98xmfwj0ehi3w9d0ia15ogp&st=gley9wen&dl=0
You only need to edit the claimant name, your name and the claim
number o the defence and then sign it by simply typing your full
name for the signature and dating it. There is nothing to edit
in the Draft Order.
Both documents must be attached to an email as PDF files. The
email is sent to claimresponses.cnbc@justice.gov.uk and CC in
yourself. The email subject must contain the claim number. In
the body of the email simply state that attached is the defence
and draft order in the matter of [claimant] v [your name] Claim
No.:[claim number].
You must get an autoresponse from the CNBC.
#Post#: 41572--------------------------------------------------
Re: Hampstead Heath Car Park - Did Not Receive Penalty Notice
DIR By: LemonTootski
Date: October 20, 2024, 12:38 pm
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Thanks b789,
I have now emailed claimresponses.cnbc@justice.gov.uk with the
two pdf'd documentation as you requested.
I have received the response:
--- Quote ---
> ClaimResponses.CNBC<ClaimResponses.CNBC@justice.gov.uk>
> ​Thank you for emailing the Claim Responses Team in the
Civil National Business Centre. Please expect a response to your
enquiry in 10 days.
>
--- End Quote ---
I await to hear from them within 10 days.
Just for my own learning. Emailing the defence and draft order
of defence, is the same as filling out the box in the MCOL
government website, right?
Now that I've emailed them directly, I do not need to complete
the MCOL form as well?
Best
Lemon
#Post#: 41573--------------------------------------------------
Re: Hampstead Heath Car Park - Did Not Receive Penalty Notice
DIR By: H C Andersen
Date: October 20, 2024, 12:55 pm
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??? Parking Charge is to your vehicle at MOTO READING WEST.
I think your instincts re SAR were correct because you clearly
have no idea what this is about and the only way to address this
IMO is to find out.
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