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Laura Cooke

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Everything posted by Laura Cooke

  1. No idea how to do the MCOL when I get on this MCOL it comes up with a page asking how much money you are asking for so it must be the wrong thing I am on as I do not want to ask for money
  2. The letter to solicitors Is this correct on a paragraph "In accordance with CPR 31.15©" has other paragraphs either say CPR 31 or CPR 31.14 I assume this request is sent to DCB Legal?
  3. I am puzzled as to why the registered keeper has to fill all this paper work in when it is the driver who is responsible, do you fill in about the expenditure and income do you have to send proof of all your income and expenditures and do I send proof off of the keepers disabilities? No idea what to put as a defence other than a ticket was purchased and that registered keeper is a none driver Do you send all the pack back together with the Acknowledgement and the Defence to this Court business Centre at Northampton? The claim says the driver agreed to pay within 28 days, how can they state this when the driver has not been identified and no one has stated they would pay.
  4. Court claim form came today dated 27-02-23 but no idea how to get it on here I keep trying to copy and paste from Word but obviously that is not allowed. Name of the Claimant : XXXXXX Claimants Solicitors: DCB Legal Date of issue -27-Feb 2023 Date for AOS-17th mar Date to submit Defence- 31st mar 1) The Defendant (D) is indebted to the Claimant (C) for a Parking Charge (s) issued to xxxxx 2) The PCN details are 29/04/2022, 3) The PCN (s) was issued on private land owed or managed by (C) The vehicle was parked in breach of the terms on Cs signs (the contract) thus incurring the PCN (s) 4) The driver agreed to pay within 28 days but did not. D is liable as the driver or keeper. Despite requests, the PCN (s) is outstanding. Thee contract entitles C to damages. AND THE CLAIMANT CLAIMS 1. £160 being the total of the PCN(s) and damages. 2. Interest at a rate of 8% per annum pursuant to s.69 of the County Courts Act 1984 from the date hereof at a daily rate of £0.02 until Judgement or sooner payment. 3. Costs and court fees What is the value of the claim? 255.92 Amount Claimed 170.92 court fees 35.00 legal rep fees 50.00 Total Amount 255.92
  5. Found this interesting I have just seen on the internet, my sons vehicle is a Motability vehicle and he is illiterate and severely mentally impaired, he is the keeper not the driver. "Well I had my parking ticket overturned I reminded parking eye that Motability cars are often not driven by their keeper, they're usually driven by families/carers. I therefore asked the question about easy read formats, braille etc for the keepers to be informed and the lack of that option therefore means that they are discriminating against disabled people, and also the distress it causes to people with disabilities. In just under 24 hours the ticket was overturned"
  6. Thankyou to you all for keeping me going and helping I hate wallowing in self pity and do want to help my son but I am not in good health I have a poorly husband who is not long out of hospital recently. He was robbed in the street in 1996 and was left brain damaged and is frequently quite poorly. I am now an only child and trying to look after my elderly parents who are in poor health too and do not live close to me, my severely impaired son depends on me though he does not live with me and the poor bugger thinks I can magic anything up (If only he knew) My youngest daughter as mental illness too and had to leave work in 2011 on ill health grounds I look after her I forget so many things I am supposed to be doing at times so I really really appreciate the help and advice off here. I realise I must annoy some of you at times but I really do try to help myself as much as I can understand things I am near pension age You helped my dying sister in 2009 over a faulty vehicle sadly she died before the outcome leaving me 3 boys as she was a widow, thanks to CAG she received a bit of cash for the youngest boy who was 15 and autistic I wanted you to know I am not bone idle I just struggle with my ever increasing burdens. My sister really was grateful for the help you gave her and I have turned to you many times you are a god send. Please bare with me with everything I struggle to concentrate and understand at times.
  7. DCBL on behalf of the parking company would be the one`s taking it to Court I assume? and happy to do so with what I have read about their reputation.
  8. I was reading reviews about DCBL, they do take lost causes to Court and continue sending harassing letters up to 5 years, in my opinion only the driver should be put before the Court not the registered keeper. DCBL are so assured my son was the driver, he is severely mentally impaired he cannot even write or read, his Motability vehicle enables him to get took out.
  9. It was a cash payment they paid for 2 hours but only stayed from 12.49 to 14.19 shame we had not got the elderly ladies details as he helped her too she said to my grandson "I don`t know why they cannot make the machines like the old one`s"
  10. Everything written as been as if it is my son not his mother and I have never mentioned who the driver is which is xxxxxx, the vehicle is a Motability vehicle as my son is severely mentally impaired, he is illiterate so I see to all his correspondence etc
  11. I will have to type it in what is sent as I am frightened of doing something wrong, I have asked one of my children today f they could help but they had no idea how to upload the letter and other than take a photo on my phone add it in word and send it you I have no idea how to do it, I don`t even know what any of the abbreviations mean so it is hard for me. If only I knew someone who knows about computers and stuff but sadly I don`t. The letter was received yesterday 30th January 2023 and DCB Legal sent copy of all correspondence between each party and photographs of the vehicle entering and leaving , it does state at the bottom of the letter that it was sent by email. Payment was by putting the vehicle registration in my son did not stay for the 2 hours he paid for my grandson made the payment and also helped an elderly lady sort hers out as she did not know what to do. Sadly no proof of payment though. 19th January 2023 Our Client: Bank Park Management Ltd We write in relation to your letter of claim response dated 9th January 2023 We note within your reply you stated payment had been made and as a result the client did not suffer any loss. We also note you were not the driver of the vehicle in question and that the Independent Appeals Service (IAS) were aware of a payment being received to the client. At the time the PCN was issued, you were offered the opportunity to: appeal the parking charge, transfer liability to the driver (if it was not you) or make payment. Neither a successful appeal, nor an adequate nomination were received, yet payment remains outstanding. Please note, upon review I can confirm you made two appeals. One appeal was made direct to the client following on from the Parking Charge Notice (PCN) being issued. The second appeal was made to the IAS which I can see was unsuccessful. This resulted in our client sending you their Reminder Notice. The sum added is a contribution to the actual costs incurred by our Client as a result of your non payment. Our Client`s employees have spent time and material attempting to recover the debt. This is not our Client`s usual business. Had you paid as per the Contract, there would have been no need for recovery action so the amount due would not have increased. You stated within your reply you were not the driver of the vehicle bit in fact the Registered Keeper. Please see the below statement which was on your Notice To Keeper (NTK). A copy is enclosed for your ease of reference. "Please be warned: that if, after the period of 28 days beginning with the day after that on which the Notice is given (i) the amount of the unpaid Parking Charge specified in this Notice has not been paid in full, and (ii) we do not know both the name of the driver and a current address for service for the driver, we will have the right to recover from you, so much of that Parking Charge as remains unpaid. The above statement is in compliance with the Protection of Freedom Act 2012. The reason your PCN has been issued is due to `Anpr Failure To Pay For Parking` We appreciate you stated had been made however, please see enclosed copy of the sign which states `All motorist must enter a full and correct vehicle registration when making payment` Due to breaching the terms and conditions on site, our Client`s position is that the PCN has been correctly issued. DCB Legal have now been instructed as all previous attempts to resolve these matters have been unsuccessful. You now have 30 days from the date of this e-mail to pay the outstanding balance of £160.00. Failure to make the above payment will result in a claim being issued against you without further notice. Yours faithfully DCB Legal Ltd
  12. No emails have been received all been by letter dcb legal stated that in their recent letter "You have 30 days from this email to pay the outstanding balance of £160" Is my son expecting to receive a Court claim next? if he did no idea how we would deal with that he cannot he as not got the mental capacity to deal with it, we cannot prove the parking fee was paid but it was and my grandson helped an elderly lady pay hers too as she was struggling to put her vehicle registration in.
  13. Son received this yesterday 30th January yet it is dated 19th January, they sent copies of everything to do with the case, photos of the vehicle entering and leaving and previous correspondence, advice please what to do next, I assumed this cannot go further without knowing who the driver is I get the impression they think keeper is the driver which is not the case as it is a motability vehicle in my sons name and his carer drives him about. I would appreciate advice about this further correspondence from dcb legal. I thought this cannot go any further if driver not named? my son is the registered keeper but he is disabled the vehicle is a mobility vehicle, he cannot drive his carer drives the vehicle. As I previously advised I originally appealed to the IAS they had the vehicle noted down with the wrong registration but Bank and dcb have the correct vehicle registration. A letter was received yesterday along with all copies of previous correspondence and pictures of my sons vehicle, dated the 19th January giving my son 30 days from the date of the "email" failure to pay a claim will proceed without notice. they sent copies of everything to do with the case, photos of the vehicle entering and leaving and previous correspondence, advice please what to do next, I assumed this cannot go further without knowing who the driver is I get the impression they think keeper is the driver which is not the case as it is a Motability vehicle in my sons name and his carer drives him about. 2023-01-19 dcb legal reaction to letter of claim reply .pdf
  14. FTMDave Thank you very much this is much appreciated, I will wait to see if anyone else wants to say anything before I post off recorded delivery in next couple of days.
  15. Admin gave me a link to a snotty letter, I am asking am I expected to lie and say I had a ticket like the letter in the link or just don`t mention the ticket at all, my grandson purchased a ticket but did not save it and he also helped an elderly lady purchase one too as she didn`t know how to work the machine you had to put your vehicle registration in
  16. This is the latest thing received it is JPG but seems it not let me post it, it is a letter from dcb legal dated 12th December stating £160 to be paid within 30 days
  17. Thanks for understanding my position and I well understand you having to be firm, I really appreciate any help hence why I updated CAG yesterday with the email I had received, will of course keep updating you should I hear anything
  18. Thank you for the support, I really appreciate it and yes I will not make the same mistake again, I still cannot get over the fact I completely forgot I could turn to CAG, I think I have so much stress I sometimes do not know what I should be doing
  19. My son has severe learning difficulties he is illiterate, thought I would just post what as been received. I did explain in my previous posts, that I panicked when son got the letter and appealed to IAS has I had genuinely forgot I could turn to CAG. I am looking after my parents, and my son and my autistic nephew after his parents died so I am under a lot of strain, I easily forget things. Sorry to say I am not aware of the protocols of what I should have done. But my son is the registered keeper and I have not mentioned who the driver was.
  20. Dear xxxxxxxx The Independent Appeals Service (IAS) has received a decision from the Independent Adjudicator regarding your recent appeal for the below PCN. Parking Charge Number (PCN): xxxxxxx Vehicle Registration: xxxxxxxx Date Issued: 29/04/2022 Appeal Outcome: Dismissed The Adjudicators comments are as follows: The Appellant should understand that the Adjudicator is not in a position to give legal advice to either of the parties but they are entitled to seek their own independent legal advice. The Adjudicator's role is to consider whether or not the parking charge has a basis in law and was properly issued in the circumstances of each individual case. In all Appeals the Adjudicator is bound by the relevant law applicable at the time and is only able to consider legal challenges and not factual mistakes nor extenuating or mitigating circumstances. Throughout this appeal the Operator has had the opportunity consider all points raised and could have conceded the appeal at any stage. The Adjudicator who deals with this Appeal is legally qualified and each case is dealt with according to their understanding of the law as it applies and the legal principles involved. A decision by an Adjudicator is not legally binding on an Appellant who is entitled to seek their own legal advice if they so wish. The Operator has provided evidence of the signs at the site, which make it clear any driver parking without paying for the duration, with a full accurate registration, will be issued with the parking charge notice. The Appellant claims that they paid for parking but fails to provide evidence to support the claims. As explained above, at this stage, the onus is on the Appellant to satisfy me the charge is unlawful. In the absence of any evidence I am not satisfied. The Operator's evidence shows no payment for the Appellant's vehicle, or anything similar. It does show two payments for the same registration in quick succession. I would take a reasonable guess, based on the circumstances described, that the person paying has paid for the registration of the person they assisted again. If they have paid for the incorrect registration they have my sympathy, but the guidance to the appeal is clear that I may only consider legal issues not extenuating circumstances. The Operator has this discretion, but they are unlikely to exercise it in the Appellant's favour, in the absence of evidence to support the claim. The Operator has provided photographic evidence of the Appellant's vehicle leaving the land they manage, ninety minutes after it arrived and without a payment for this vehicle. The appeal is dismissed." As your appeal has been dismissed, the Independent Adjudicator has found, upon the evidence provided, that the parking charge was lawfully incurred. As this appeal has not been resolved in your favour, the IAS is unable to intervene further in this matter. You should contact the operator within 14 days to make payment of the charge. Should you continue to contest the charge then you should consider obtaining independent legal advice. Yours Sincerely, The Independent Appeals Service
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