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    • further polished WS using above suggestions and also included couple of more modifications highlighted in orange are those ok to include?   Background   1.1  The Defendant received the Parking Charge Notice (PCN) on the 06th of January 2020 following the vehicle being parked at Arla Old Dairy, South Ruislip on the 05th of December 2019.   Unfair PCN   2.1  On 19th December 2023 the Defendant sent the Claimant's solicitors a CPR request.  As shown in Exhibit 1 (pages 7-13) sent by the solicitors the signage displayed in their evidence clearly shows a £60.00 parking charge notice (which will be reduced to £30 if paid within 14 days of issue).  2.2  Yet the PCN sent by the Claimant is for a £100.00 parking charge notice (reduced to £60 if paid within 30 days of issue).   2.3        The Claimant relies on signage to create a contract.  It is unlawful for the Claimant to write that the charge is £60 on their signs and then send demands for £100.    2.4        The unlawful £100 charge is also the basis for the Claimant's Particulars of Claim.  No Locus Standi  3.1  I do not believe a contract with the landowner, that is provided following the defendant’s CPR request, gives MET Parking Services a right to bring claims in their own name. Definition of “Relevant contract” from the Protection of Freedoms Act 2012, Schedule 4,  2 [1] means a contract Including a contract arising only when the vehicle was parked on the relevant land between the driver and a person who is-   (a) the owner or occupier of the land; or   (b) Authorised, under or by virtue of arrangements made by the owner or occupier of the land, to enter into a contract with the driver requiring the payment of parking charges in respect of the parking of the vehicle on the land. According to https://www.legislation.gov.uk/ukpga/2006/46/section/44   For a contract to be valid, it requires a director from each company to sign and then two independent witnesses must confirm those signatures.   3.2  The Defendant requested to see such a contract in the CPR request.  The fact that no contract has been produced with the witness signatures present means the contract has not been validly executed. Therefore, there can be no contract established between MET Parking Services and the motorist. Even if “Parking in Electric Bay” could form a contract (which it cannot), it is immaterial. There is no valid contract.  Illegal Conduct – No Contract Formed   4.1 At the time of writing, the Claimant has failed to provide the following, in response to the CPR request from myself.   4.2        The legal contract between the Claimant and the landowner (which in this case is Standard Life Investments UK) to provide evidence that there is an agreement in place with landowner with the necessary authority to issue parking charge notices and to pursue payment by means of litigation.   4.3 Proof of planning permission granted for signage etc under the Town and country Planning Act 1990. Lack of planning permission is a criminal offence under this Act and no contract can be formed where criminality is involved.   4.4        I also do not believe the claimant possesses these documents.   No Keeper Liability   5.1        The defendant was not the driver at the time and date mentioned in the PCN and the claimant has not established keeper liability under schedule 4 of the PoFA 2012. In this matter, the defendant puts it to the claimant to produce strict proof as to who was driving at the time.   5.2 The claimant in their Notice To Keeper also failed to comply with PoFA 2012 Schedule 4 section 9[2][f] while mentioning “the right to recover from the keeper so much of that parking charge as remains unpaid” where they did not include statement “(if all the applicable conditions under this Schedule are met)”.     5.3         The claimant did not mention parking period, times on the photographs are separate from the PCN and in any case are that arrival and departure times not the parking period since their times include driving to and from the parking space as a minimum and can include extra time to allow pedestrians and other vehicles to pass in front.    Protection of Freedoms Act 2012   The notice must -   (a) specify the vehicle, the relevant land on which it was parked and the period of parking to which the notice relates;  22. In the persuasive judgement K4GF167G - Premier Park Ltd v Mr Mathur - Horsham County Court – 5 January 2024 it was on this very point that the judge dismissed this claim.  5.4  A the PCN does not comply with the Act the Defendant as keeper is not liable.  No Breach of Contract   6.1       No breach of contract occurred because the PCN and contract provided as part of the defendant’s CPR request shows different post code, PCN shows HA4 0EY while contract shows HA4 0FY. According to PCN defendant parked on HA4 0EY which does not appear to be subject to the postcode covered by the contract.  6.2         The entrance sign does not mention anything about there being other terms inside the car park so does not offer a contract which makes it only an offer to treat,  Interest  7.1  It is unreasonable for the Claimant to delay litigation for  Double Recovery   7.2  The claim is littered with made-up charges.  7.3  As noted above, the Claimant's signs state a £60 charge yet their PCN is for £100.  7.4  As well as the £100 parking charge, the Claimant seeks recovery of an additional £70.  This is simply a poor attempt to circumvent the legal costs cap at small claims.  7.5 Since 2019, many County Courts have considered claims in excess of £100 to be an abuse of process leading to them being struck out ab initio. An example, in the Caernarfon Court in VCS v Davies, case No. FTQZ4W28 on 4th September 2019, District Judge Jones-Evans stated “Upon it being recorded that District Judge Jones- Evans has over a very significant period of time warned advocates (...) in many cases of this nature before this court that their claim for £60 is unenforceable in law and is an abuse of process and is nothing more than a poor attempt to go behind the decision of the Supreme Court v Beavis which inter alia decided that a figure of £160 as a global sum claimed in this case would be a penalty and not a genuine pre-estimate of loss and therefore unenforceable in law and if the practice continued, he would treat all cases as a claim for £160 and therefore a penalty and unenforceable in law it is hereby declared (…) the claim is struck out and declared to be wholly without merit and an abuse of process.”  7.6 In Claim Nos. F0DP806M and F0DP201T, District Judge Taylor echoed earlier General Judgment or Orders of District Judge Grand, stating ''It is ordered that the claim is struck out as an abuse of process. The claim contains a substantial charge additional to the parking charge which it is alleged the Defendant contracted to pay. This additional charge is not recoverabl15e under the Protection of Freedoms Act 2012, Schedule 4 nor with reference to the judgment in Parking Eye v Beavis. It is an abuse of process from the Claimant to issue a knowingly inflated claim for an additional sum which it is not entitled to recover. This order has been made by the court of its own initiative without a hearing pursuant to CPR Rule 3.3(4)) of the Civil Procedure Rules 1998...''  7.7 In the persuasive case of G4QZ465V - Excel Parking Services Ltd v Wilkinson – Bradford County Court -2 July 2020 (Exhibit 4) the judge had decided that Excel had won. However, due to Excel adding on the £60 the Judge dismissed the case.  7.8        The addition of costs not previously specified on signage are also in breach of the Consumer Rights Act 2015, Schedule 2, specifically paras 6, 10 and 14.   7.9        It is the Defendant’s position that the Claimant in this case has knowingly submitted inflated costs and thus the entire claim should be similarly struck out in accordance with Civil Procedure Rule 3.3(4).   In Conclusion   8.1        I invite the court to dismiss the claim.  Statement of Truth  I believe that the facts stated in this witness statement 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.   
    • Well the difference is that in all our other cases It was Kev who was trying to entrap the motorist so sticking two fingers up to him and daring him to try court was from a position of strength. In your case, sorry, you made a mistake so you're not in the position of strength.  I've looked on Google Maps and the signs are few & far between as per Kev's MO, but there is an entrance sign saying "Pay & Display" (and you've admitted in writing that you knew you had to pay) and the signs by the payment machines do say "Sea View Car Park" (and you've admitted in writing you paid the wrong car park ... and maybe outed yourself as the driver). Something I missed in my previous post is that the LoC is only for one ticket, not two. Sorry, but it's impossible to definitively advise what to so. Personally I'd probably gamble on Kev being a serial bottler of court and reply with a snotty letter ridiculing the signage (given you mentioned the signage in your appeal) - but it is a gamble.  
    • No! What has happened is that your pix were up-to-date: 5 hours' maximum stay and £100 PCN. The lazy solicitors have sent ancient pictures: 4 hours' maximum stay and £60 PCN. Don't let on!  Let them be hoisted by their own lazy petard in the court hearing (if they don't bottle before).
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      This is generally speaking the problem with using PackLink who are domiciled in Spain and very conveniently out of reach of the British justice system.

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MKDP started court claim - I am now living in China


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Hi there,

 

I'm hoping someone might be able to help me out here. Many years ago I got into some debt with a number of credit cards (the bulk of the debt was accrued around 2001 - 2003 when my then husband was out of work). Until around 2008 I was continuing to make minimum payments on the accounts and crippling myself financially into the bargain. Around 2007 / 2008 I discovered this site and sent off to these cards asking for all the information they had on me. I recall clearly that the information received from HSBC did not include the CCA and I recall writing to them at this time challenging the debt. I ceased making payments on the account at this time. The debt was subsequently passed to MKDP LLP for recovery.

 

Upon checking my credit file last summer I notice that a default was recorded on my account, but not until 27 August 2011 - some 3 years after I ceased making payments.

 

In the intervening period my marriage broke down and for the past year I have been travelling and have settled since August of last year in China where I now have a job teaching kindergarten where I now plan to stay for some while (although no fixed date in mind as yet). I have only recently got what I hope is now a reasonably permanent address here in China so my address has remained as my parent's address in the UK where they can receive post for me.

 

I had an alarmed phone call last night from my mother as MKDP have now started legal proceedings to recover the debt originally accrued with HSBC.

 

I would, of course, be extremely grateful of some advice on what I should do next.

However I am also intrigued as the particulars of claim (unfortunately I cannot post a picture of this to show you as I do not yet have 10 posts) state that the account number to which they refer to was assigned to me in December 2011 - close to 4 years after I ceased making payments on this debt and some 4 months after a default was recorded. Does this seem normal?

 

I would be extremely grateful of any advice you can offer. One of my biggest concerns is that trying to meet any deadlines set by the courts could be difficult as on past experience post from here can take anything up to 2 - 3 weeks to reach the UK.

 

Thank you so much in advance for any help at all that anyone can offer.

 

Regards,

 

Sue

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Hi Sue and welcome to CAG.

 

Most of the preliminary stages can be done on line using MCOL (CCBC) ie Acknowledgment of service and defence....sound like the claim would be Statute barred assuming no payments/acknowledgments have been made for a period of 6 years.

 

You have 33 days in total if you intend to defend this claim (5 deemed served so 28 remaining) 14 days to acknowledge service and a further 14 days to submit a defence.

 

If you could confirm that it is Statute Barred then you can simply enter the SB defence.

 

Of course the alternative is if you intend remaining in China is to ignore it as a CCJ will have no bearing on you there.

 

Regards

 

Andy

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Thanks so much for your reply Andy.

 

I would like to try to avoid getting a CCJ against my name as although I have no present plans to return to the UK I would not like to rule that out as an option and having CCJs on my record would clearly make things problematic for me if I were to head back.

 

I have been digging around a little more since my earlier post. There is a possibility that this could be statute barred. It would appear that my last payment to this account was in Feb 2008. I do not recall now the date that the payment went to them each month. I remember only that at one point the payments went out around the 13th of the month which was just before my payday which was causing issues so it was moved to later in the month, although how much later I really cannot say.

 

The claim was issued on Feb 24th so if it is statute barred it will be by a couple of days at most (which makes me suspect that they knew it was about to become statute barred and submitted the claim days before rather than after the deadline).

 

Do you have any advice on how I would find out the exact date I made the last payment to the account - bearing in mind that I have 28 days to submit a defence and sending a request for information to either HSBC or the lawyers is unlikely to be received and a reply received here in China within that deadline. The request for information I submitted previously is almost certainly in one of the boxes of papers stored in my parents loft, but I cannot in good conscience ask them to go digging through those in the hope that it is indeed there. I am 99% certain that the request I sent previously yielded a mass of statements but no CCA, so am I right in thinking that could be a possible defence also? I presume I would need to choose one or the other before submitting a defence, but without evidence in my hands as to the last payment date or the lack of a CCA do you have any suggestion as to which route I should choose.

 

Thanks again so much for your advice.

 

Sue

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You would have to speak to HSBC to find out the details..you can request a DSAR but that may take up to 40 days to be complied with.Also bear in mind SB runs from the cause of action so it will be when the default notice was issued or when your next payment was due..which may be 2/3 months after your missed payment.

 

Check your CRA files.

 

Regards

Andy

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Thanks for your help so far.

 

A further question.

 

I have now acknowledged the claim and am currently drafting a letter to MKDP requesting the documents mentioned in the particulars of claim.

 

The standard letter I am using from the library on this site makes reference to both the termination notice and the statement of account, but says to delete if not mentioned. These documents are not, in fact, refereed to in the PoC, but should I not request at least a statement of account - or will doing so invalidate my letter by my referring in this request (which I am stating is under CPR 31.14) to documents not mentioned by them in the PoC?

 

Thanks,

 

Sue

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Its fine to request a statement or at least to quantify the amount claimed.I doubt very they will respond anyway but you must request anyway.

 

Andy

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