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wildflynn

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  1. This is what i sent For the attention of XXXXXXXXXXX DCB Legal Direct House Greenwood Drive, Manor Park Runcorn Cheshire WA71UG 15/07/2020 Dear XXXXXXXXX Re: CP Plus Ltd T/a Groupnexus v XXXXXXXXn Case No: XXXXXXXXX Your ref: XXXXXXXXXX I have received insufficient documentation in my SAR request from your client. They provided documentation from only one of the 4 charge notices which are included in this claim. This has forced me to make the following CPR 31.14 request CPR 31.14 Request On 28/04/2020 I received the Claim Form in this case issued by you out of the Northampton County Court Business Centre. I confirm having returned my acknowledgement of service to the court in which I indicate my intention to contest all of your claim. Please treat this letter as my request made under CPR 31.14 for the disclosure and the production of a verified and legible copy of each of the following documents mentioned in your Particulars of Claim: 1. The contract between CP Plus and the landowner that assigns the right to enter into contracts with the public and make claims in their own name. 2. Proof of planning permission granted for signage etc under the Town and Country Planning Act 2007 3. Copies of the notice to driver, notice to keeper and any other correspondence from CP Plus t/a Groupnexus & DCB Legal to the defendant that they intend to rely upon in court. 4. PCN, NTK and entry/exit photo's for EACH PCN in the claim You should ensure compliance with your CPR 31 duties and ensure that the document(s) I have requested are disclosed at your earliest convenience.. Your CPR 31 duties extend to making a reasonable and proportionate search for the originals documents I have requested, you must be able to verify the document's authenticity and to provide me with a legible copy. Further, where I have requested a copy of a document, the original of which is now in the possession of another person, you will have a right to possession of that document if you have mentioned it in your case. You must take immediate steps to recover and preserve it for the purpose of this case. Where I have mentioned a document and there is in your possession more than one version of that same document owing to a modification, obliteration or other marking or feature, each version will be a separate document and you must provide a copy of each version of it to me. Your obligations extend to making a reasonable and proportionate search for any version(s) to include an obligation to recover and preserve such version(s) which are now in the possession of a third party. In accordance with CPR 31.15© I undertake to be responsible for your reasonable copying costs incurred in complying with this CPR 31.14 request. If you are unable to comply with this request within 14 days and believe that you will never be able to comply with this request please confirm in your response. You are reminded that as this case is yet to be allocated to a track, CPR31:14 does apply, a refusal to comply because you 'think' at this stage you dont have to comply will be referred against you in any defence. Yours faithfully xxxxxxxxxxxxxx
  2. @lookinforinfoThanks very much for your detailed response I will try and reply to all your points. I will contact Roadchef again and ask them for a letter. The SAR I requested only came back with one of the four PCNs and follow up notices I will remove all the id and upload as soon as i can Re the contract As you can see above This morning, DCB refused my CPR request I have never had a full breakdown of how it came to £952 Their letter of claim of 25th march said that it was £662 and that if i didnt pay within 30 days, then if it was necessary to issue a claim then further cost will be sought as well as accrued interest at the rate of 8% I worked at this and other sites. there are 4 PCNs from 3 different sites I#ll upload what i can when i can and appreciate all the help from all of you
  3. HI I received this response from my CPR request. any ideas? Good morning, CPR 31.14(1)(a) allows a party to inspect a document mentioned in a statement of case. However, nowhere in the Claimant’s Particulars of Claim are the documents listed in your email mentioned. Accordingly, the provisions of CPR 31.14 do not apply and you are not entitled to inspect the documents requested. Kind regards, xxxxxxxxxxxxx Paralegal DCB Legal Ltd
  4. Thanks guys Name of the Claimant :CP Plus Ltd T/a GroupNexus Claimants Solicitors: DCB Legal Date of issue – 28/04/2020 DQ sent to you on 12/06/2020 DQ filed by claimant on 12/06/2020 You filed a DQ on 01/07/2020 What is the claim for – The vehicle with registration number XXXXXX ( "the vehicle") was parked on private land ( "the land") owned or managed by our client. The signs displayed on the landset out the terms and conditions of parking (ie. the "contract"). The vehicle was parked on the land in breach of the contract and as such a Parking Charge Notice(s) (PCN) was issued. It is our client's position that you are liable as the Keeper or Driver. The details of the PCN(s) can be found in the PCN schedule Pusuant to the contract, payment of the PCN(s) was due within 28 days of issue, yet it currently remains outstanding NOT SURE what a POC is What is the value of the claim? for 4 PCNS aug, sept, nov 2014 and 1 in march march 2015 total claimed is Amount Claimed £952.74 Court Fee £60.00 Solicitor Costs £70.00 Total Amount £1,082.74 I was in mediation this morning and am now waiting for a court date My defence is below I dispute all of the PCNs because back in 2014 and 2015 I was self employed, working for XXXXXXXXX Ltd and Roadchef were a customer. I visited these sites on numerous occasions and had my number plate logged , but occasionally, the staff in WHSmith either forgot or incorrectly entered my details. When I received these PCNs and on subsequent follow up notices I informed both CP Plus and Roadchef that they should be cancelled. Roadchef told me that they had been voided. I ignored the threatening letters from DCB Legal, because I thought they were scams picking up on old lists of unpaid fines This was eluded to in an article on the MoneySave Expert’s website about them . https://forums.moneysavingexpert.com/discussion/6083869/dcbl-dcb-l egal-attempting-abuse-of-process#post76631816 They had also added huge admin fees to each ticket amounting to £952.74 for 4 parking tickets, making me think that they were just a dodgy company trying to circumvent ruling POFA2012, the ruling of the Supreme Court, about Double Recovery by adding superius costs and admin fees To summarise; I didn’t bother replying to DCB Legal because I knew I didn’t owe the money and these claims looked dodgy should never have been handed to them by CP Plus. Therefore, I had no reason to deal with them or acknowledge what I thought was a phishing attempt by them. Hope that's enough for you to be going on with
  5. Hi HB, thanks for the quick response. The info in the sticky isn't that relevant any more because i've already filed my defence back at the end of april. We have now already had small claims mediation, which failed to come to a settlement, so the next step is court.
  6. Hi all, I'm a member of the public defending a case by CCPlus T/a GroupNexus for 4 PCNs from back in 2014 and 2015. The main part of my defence is that I was working on site, and Roadchef didn't enter my VRN either correctly or at all. I had repeatedly called them and was told that they would be voided. I heard nothing for years and therefore thought it was all settled. Another part of my defence will be to question the possible deliberate ploy or policy to wait until 5 years has passed to pursue these claims, therefore claiming an extra 8% per annum in interest on each ticket. I went to mediation today and we didn't agree on a settlement, so this will continue on to court. I asked for an SAR (Subject Access Request) for all 4 PCNS and they only sent me details for one of them i offered to pay for one of them minus the fees/charges etc which was rejected. For the record, 4 PCNs now stand at £950 plus court and solicitor fees. What also irked me is that I had an email response from a director at Roadchef saying that they could have helped if i had gone to them earlier. I had gone to them earlier, and presumed it was settled. then years later CP Plus pop up with a letter of claim and summons. This left me in a catch22 situation and is why I think that this is a deliberate ploy. They leave it 5 years to pursue the claim, then the landowner cant help you because it's 5 years down the line That aside, I would like to hear from other people who have been targeting 4 or 5 years down the line and would ask if I can use their cases in my defence. If we can prove that this is deliberate, we can do something about it. I would also like to hear from a solicitor who'd like to take this up on my behalf. Thanks
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