Capital2coast PCN Lewes - Clamform received

[Trailboy]

Morning Dragonfly,

 

 

Great, thanks for your post and the suggested edit. Regarding the old address, am I giving them the new one, I was going to in standard letter format but I don't particularly want them to stay in touch....

 

 

Thanks again

 

 

TB

[DragonFly1967]

Nope.

 

As long as you've told their client your new address (as you're stating in this letter), you can let them work it out for themselves. There's no point in making life too easy for them

 

If their client hasn't noted your change of address, or has lost it, well, that's their own fault and they'll just have to spend another £2.50 with the DVLA to find it out. Shame

[Trailboy]

Ok thanks DF, letter all ready to go. Thanks for your help, enjoy the weekend.

 

 

TB

[Trailboy]

Morning All,

 

Ok so we sent the above letter last week

apparently they have written back and tthe letters have crossed in the mail.

 

 

As I understand it the RK has received a notice of intention to commence legal proceedings sent to the old address.

 

Despite our offer of a reduced payment etc notice dated 1st June 2015 we haven't received payment

and will pass to our legal team and recommend legal proceedings are commenced.

 

Any advice on the next move please?

 

Many thanks

 

 

TB

[DragonFly1967]

You/the RK can safely ignore that one. In fact you/they can pretty much ignore everything from now on except a form N1 (a county court claim), and I don't think they'll be going there somehow

[Trailboy]

Hi Dragonfly,

 

 

Thanks again for your quick reply, OK, so this wasn't the county court letter just another try by them to extract some sort of payment.

 

 

Many thanks

 

TB

[ericsbrother]

Yup, blah blah blah, all talk and no action. They dont want to do court because they know there is a good chance the RK is right and they will look very stupid as well as losing money. They only manage a couple of spots and seeing the adverse publicity in the local paper when they lose will kill their business.

That is why they are now begging.

[Trailboy]

Morning to you all,

 

All has been quiet since my last posts and thanks again for your help and support.

 

 

However, the RK has now received a N1 form from a county court.

 

 

The debt was sold on 11/10/2016 and letters and N1 have been sent to our old address.

 

 

The clim form is dated 28/10/16

so we have missed the 14 day deadline as only received it last night.

 

 

Ah just read there is 5 days from the 28/10 so still just in time to respond.

Does RK wish to defend the claim, admit or ask for 28 days to prepare the defence?

 

Can i use the letter above again saying all sent to wrong address and ask for case to be thrown out as might not have received all the letters?

 

Slightly panicking as suddnely seems as though the law is against the RK.

 

Many thanks for any advice you can give, will look at parking prankster in the meantime.

 

TB

[Trailboy]

PS Can anyone update the thread title to reflect debt sold and N1 issued please so relevent onging post?

 

thx

 

TB

[dx100uk]

go onto the MCOL website

[see the claimform]

 

register as an individual

then log in

 

and respond to a claim

hit the [AOS] boc

 

and defend all

leave jurisdiction unticked

click thru to the end

confirm and exit MCOL

 

job done.

 

next

get a CPR 31:14 running to the claimants solicirors

 

[Your address]

.

[Their address]

.

[Date]

.

Dear Sir or Madam,

.

Re: (Claimant's name) v (Your name) Case No:

.

CPR 31.14 Request

.

On (date) I received the Claim Form in this case issued by you out of the (Name) county court.

.

I confirm having returned my acknowledgement of service to the court in which I indicate my intention to contest and counter claim 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 / the] document(s) mentioned in your Particulars of Claim:

.

1. proof of assignment from the landlord to create contracts and make claims in your own name.

.

2.proof of planning permission granted for signage etc under the Town and Country Planning Act 2007

the contract between VCS and the landowner that assigns the right to enter into contracts with the public and make claims in their own name,

Planning Permission for their signage under the Town and Country Planning Act 2007,

copies of the notice to driver,

notice to keeper and any other correspondence from VCS or Gladstones to the defendant.

Give them 14 days to comply

.

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 of the documents I have requested, the better for you to 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 and believe that you will never be able to comply with this request please confirm in your response.

.

Yours faithfully

.

TYPE YOUR NAME DO NOT SIGN IT

[dx100uk]

next job

fill this out and post the Q&A back here

 

 

http://www.consumeractiongroup.co.uk/forum/showthread.php?465231-Received-a-Court-Claim-From-A-Private-parking-Speculative-invoice-How-To-Deal-With-It-HERE***Updated-Aug-2016***

[Trailboy]

Thanks DX thats really helpful and we'll get the Q&A answeres. in your first post of today you refer to VCS, should that be changed to the relevent orignal parking company or similar.

 

Is it ok date wise, 28 october plus 14 days acknowlede, 5 serve and 14 to reply?

 

Thanks again.

[dx100uk]

don't need to see the claimform

 

 

removed

[dx100uk]

timings are

 

 

19 days from date on claimform = must AOS by

 

 

33 days must file defence

 

 

the date on the claimform is ONE in the count

 

 

yes ofcourse change the parking company name!

[dx100uk]

post 64^^

[dx100uk]

don't need the claimform

do that link

get AOS done now

you are ok on timings

LIP [litigant In Persons] often make mistakes

 

 

dx

[Trailboy]

Sorry DX, i thought you wanted to see the claim form as per the other thread.

 

Name of the Claimant ? MIL collections ltd, quay street truro tr1 2HE

 

Date of issue – 28 October 2016 (only received yesterday as sent to old address)

What is the claim for –

 

Charge for parking on private land

1. the claimant purchased the debt on 11/10/2016. Assignment notice sent 12/10/2016.

2 The defendent was registered keeper and /or driver of vehicle xxxx at the time.

the charge is as follows: Ref xxxx offence: failure to dispaly a valid permit. Location: Eastgate wharf lewes BN7 2AS

Date & time 28/11/2014 09.48 Vehicle make model xxxxxxx Issue date & time 23/12/2014 18:.24.47 3.

The claimant wrote to the defendent on 12/10/2016 informing of an intention to issueas summons.

No resoltion received.

The claimanat claims

1. Debt amount £160.00

2 Administration and collection fee £50. total £210.00

 

What is the value of the claim? £210

Has the claim been issued by the original creditor

or was the account assigned and it is the Debt purchaser who has issued the claim ? MIL Collections

 

Were you aware the account had been assigned – did you receive a Notice of Assignment?

Only last night with the other mail from old house, moved 23 months ago and informed original PCN issuer of this.

 

Many thanks

[ericsbrother]

as soon as you defend MIL will back off because they have no locus standi and the claim is fraudulent and they know it.

READ UP ON THEM, the parking pranksters blog is a good place to start

 

They havent purchased the debt and they know it.

When you send a CPR 31.14 request demand to see proof the debt exists and demand "strict proof" the debt has been lawfully assigned as well as all of the other normal contract, planning and other matters.

 

 

Let them know that you are seeking to have the matter struck out as vexatious litigation as they know that they have no locus and that you wil be seeking a full costs recovery order under CPR27(quote some of their past wrongs back to them).

better to get them to discontinue now rather than have to waste your time on a day out they arent going to attend.

[dx100uk]

why has this been all sent to your old address?

 

have you not updated DVLA?

 

cause if you haven't

that's the more important thing to do

THEY CAN FINE YOU UPTO £1000!

[ericsbrother]

They may have used old address if it was correct at time of event.

 

 

they will then be obliged to use that as service address until you tell them of correct addy.

 

 

If they then continue to write to old address you can make a complaint about abuse of process (probably got its own CPR number)

 

 

so make sure the AOS returned to the courts service has the correct address on it.

[Trailboy]

Thankyou for the replies, yes DVLA updated and orignal pcn issuer also, they haave chosen to ignore that. Subsequent correspondence we reminded them of COA but didnt provide the new one and they havent bothered checking with dvla since..

 

hi, i'm on the website now doing the claim. ive put that the time from ANPR was over allowed time, been sending everyting to wrong address, DVLA knows about COA, demand to see proof the debt exists, vexatious litigation. Anything else?

[Trailboy]

Hi DX,

 

I have done the mcol submission but cant find details of the claimants solicitors, will this come in the MCOL acknowledgement? Can i send the CPR31 letter to the claimant directly?

 

Many thanks

 

TB

[dx100uk]

sorry

all you should have done is ack'd the claim {AOS}

so you've filed a defence too?

[Trailboy]

Hi DX,

 

Thanks for the message, yes, the mcol sort of led me through filing a defense/writing a little piece about the claim. I hve had an acknowledgeemtn from the court but still dont have the solicitiros details, where can i get these please so i can send

the CPR31?

 

Many thanks

 

TB

[dx100uk]

should be on the front page of the claimform?