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Hello,

 

A number of PCNs from Smart Parking were delivered to my address in the last few weeks, for an alleged breach of the terms of parking at Matalan in Sutton, Surrey.

 

This was subsequently followed by a Notice of Intended Court Action letter from Debt Recovery Plus (DRP), stating the reason for the PCN being issued as: "Overstayed Paid Time".

 

Earlier this week, another letter was received from SCS Law who claim to act on behalf of Smart Parking Ltd who have allegedly instructed this law firm to recover the PCN charges. The letter then goes on to state that Smart Parking are entitled to the outstanding sum under contract law, adding:

 

"When your vehicle parked at the above mentioned site(s), the driver of the vehicle agreed to be bound by the terms and conditions of parking which was displayed on signage throughout the site(s).

 

The driver of the vehicle breached the terms and conditions of parking on each of the above stated occasions for the reason stated. For each contravention, a parking charge notice was issued, for which the sums owed remain outstanding.

 

We refer you to the Supreme Court decision in ParkingEye Ltd v Beavis [2015] UKSC 67. In this case, the Supreme Court found that parking charge notices do not contravene the penalty rule or Unfair Terms in Consumer Contract Regulations 1999 provided they protect a legitimate interest.

 

Unless payment is made within the next 14 days, we are instructed to issue court proceedings to recover the same and any of our client's legal costs, without further recourse to you".

 

I visited the Matalan store last weekend and discussed my issue with a member of staff, with the hope Matalan would intervene and request for the PCN to be cancelled, being a regular customer of the store.

 

The member of staff was not very helpful but did advise me to contact Smart Parking directly for any resolution and also pointed out that Smart Parking were no longer the contracted to manage the car park.

 

I would now appreciate the kind assistance of our very valued forum members to advice on how to fight this PCN successfully and have provided some relevant pictures from the car park, if this helps construct a solid defence.

 

 

Thank you.

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So all these were anpr capture?

And what dates?

 

The letters don't say will anything


..

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Matalan store staff don't have the authority to even blow out their own birthday candles so they aren't going to help you.

 

DO not contact Smart as they aren't honest.

 

the signage is crap and doesn't create a contract as they lack specific details that are necessary

 

However, the SCS law letter is just another threat-o-gram z and not a lba

You could respond to create a paper trail that will also damage any claim they are tempted to make by responding to SCS and say:

 

(their ref) "There was no contract between your client and the keeper of the vehicle.

The signage at the site and their NTK do not fulfil the requirements of the POFA 2012 to create a keeper liability under that Act

 

any claim will thus be vexatious and vigorously defended as such with a full costs recovery order sought under CPR 27.14.2(g).

 

Tell your client to delete my details form their computer and go and bother someone who is stupid enough to fall for their lies."

 

Dont pull your punches, nice doesnt win a thing with these bandits.

If you do hear any more we will tell you why the signs are rubbish, there is more than one reason.

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Hello,

 

A number of PCNs from Pace Recovery and Storage Limited of Croydon were delivered to my address in

the last few weeks, for an alleged breach of the terms of parking at the rear of a shop where it is claimed a vehicle owned by myself was parked one Sunday in November 2016.

 

 

All of the PCNs, which also failed to include any photo evidence of the alleged breach, were ignored and are no longer available.

 

In February,

the PCNs were followed by a "Letter Before Claim" from Gladstones Solicitors which was also ignored.

 

 

Finally, a few days ago a Claim form issued by the County Court Business Centre of Katharine Street in Northampton was delivered, stating the following Particulars of Claim:

 

The driver of the vehicle registration XXXXXX (the "Vehicle") ignored the parking charge(s) on [date] for

breaching the terms of parking on the land at [Address of premises].

 

 

The Defendant was driving the Vehicle and/or is the Keeper of the Vehicle.

AND THE CLAIMANT CLAIMS

£160 for Parking Charges / Damages and indemnity costs if applicable,

together with interest of £2.42 pursuant to s69 of the County Courts Act 1984 at 8% pa, continuing to Judgment at £0.04 per day

 

Would now appreciate the kind assistance of our very valued forum members to advice on how to defend this claim successfully, having submitted my Acknowledgment of Service in the last few days.

 

Should I kick things off for instance by submitting a CPR 31.14 request to the Gladstones Solicitors?

 

Thank you.

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Illegitimi non carborundum

 

 

 

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Based on the (very limited) information so far, the sign is prohibitive in nature and as such Gladstones cannot go after the keeper. The landowner can go for trespass but that will only be a minimal sum as no damage had occurred.

 

Ace (or Pace) are a small company however they have taken a few cases to court this year so it's worth defending. As they are members of the IPC they will rely on keeper liability and if any of the letters you have received so far fail to mention PoFA, they can only go after the driver who you have no obligation to name. Of course, anyone can drive your car with your permission so long as they have their own insurance.

 

We do need to see any tickets and Notice to Keeper, suitably redacted of all personal details and codes/barcodes.reference numbers.


If you are asked to deal with any matter via private message, PLEASE report it.

Everything I say is opinion only. If you are unsure on any comment made, you should see a qualified solicitor

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get that link done please


..

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yes send the 31:14

 

 

to the solicitors

[Your address]

.

[Their address [solicitors]

.

[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 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. the contract between [parking company name] 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 [insert Claimant Name] & [insert Solicitors Name} to the defendant that they intend to rely upon in court.

.

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 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 too will be used against you in any filed defence.

.

Yours faithfully

.

TYPE YOUR NAME DO NOT SIGN IT


..

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@dx100uk,

Thanks very much for the advise.

By some coincidence, I received notification of your message on my phone inside my local post office

where I was about to send my CPR31.14 Request to Gladstones Solicitors. :)

 

Thanks @silverfox1961.

Unfortunately, I kept any of the letters received previously.

Hopefully though, Gladstones Solicitors will send me copies, following my CPR 31.14 Request.

 

@dx100uk, not sure I'm with you. Please clarify which link you're referring to.

Thanks

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ace security are the poeple offering a contract (not concerned with the validity of that for the moment) but Pace are the people suing.

 

 

Like the VCS/Excel claims,

the claimant has no locus standi,

someone else offerd you a contract

so these muppets have no reason to ask for money.

 

 

They will say that they are one and the same but that isnt true,

Ace were the people who were contracted by the landowner (if true) so only they can claim.

 

Now Gladstones wont try and persuade their client to drop the matter because they prefer to rob people (anyone, you or their client) rather than drop a doomed claim and make a loss.

 

 

To this end they are happy to lie to a judge and hope that both you and the judge are stupid enough to fall for it.

 

 

As there are plenty of cases you can quote where an epidemic of stupidity didnt occur then they are on to a loser.

The only question is do you try and hammer this home before the court hearing?

 

I would be going after a strike out after they fail to respond to your CPR31.14 request for having no loocus standi (right to claim) you may get a result without having to go to court but dont bet on it, many judges dont read the paperwork until the day before the hearing but just having that letter will make them question why Pace are claiming anything.

 

 

You also have the no keeper liability as it is an IAS company so they dont bother with the trifles such as obeying the law.

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Hello,

 

I need help desperately and would be extremely grateful for some kind assistance.

 

A county court claim was recently made against me by Pace Recovery and Storage for an alleged breach of the terms of parking on the land behind a shop in Surrey.

 

I proceeded to submit my Acknowledgment of Service on MCOL within the required deadline,

 

however I got the deadline for filing my defence

horribly wrong and

now appear to have missed it.

As a result, the MCOL site even rejects all my attempts to log on to submit the defence.

 

What contributed mostly to this aberration is that I submitted a CPR 31.14 request to the claimant's

solicitors, giving them 14 days to respond to my request.

 

This 14 day deadline officially ended today and not surprisingly, I have to date received no response from the solicitor.

 

It was therefore my intention to include this bit of information as part of my defence to be submitted on MCOL today.

 

Other important dates relating to this case are as follows:

 

Claim Issue Date: 10th March 2017

Day of Service: 15th March 2017

Acknowledgment of Service: 27th March 2017

 

I am at a loss now what to do, as I certainly don't wish to pay this claim and I definitely wish to submit

a defence.

 

Someone please, please, help.

 

Thank you.

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Well for future reference, if you feel that it is approaching the deadline then you should put in a holding defence – a mere denial.

 

I'm a bit surprised that MoneyClaim won't allow you to file a defence. This sounds to me as if they have already applied to judgement.

 

If they have applied for judgement then I'm afraid that you will have to apply for a set-aside which cost about £155.

 

If you really want to try and file a defence then I would send one of this morning by guaranteed Monday morning delivery – and maybe that will get them on time before they have processed the judgement application and issued the judgement.

 

However, don't bet on it.

 

If you do decide to follow defence then you should probably say that the claim is denied and that in any event you made a request to the claimant under CPR 31.14 and which he has failed to respond to.

 

Accordingly, ask for the claim to be struck out.

 

The chances of you succeeding on these are thin I would say.

 

Frankly if you don't have a clear defence to the action then probably the best thing to do is to avoid further costs and put your hands up.

 

Believe me this is not my usual approach to these things but I think that you have forced yourself into a corner


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Thanks for the feedback @BankFodder

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get the two line defence from any BW/VCS/EXCEL claimform thread in this same forum

and go file that via email - ill find the new email in amo.

 

 

you are a litigant in person

you are allowed to make errors

might work


..

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Well for future reference, if you feel that it is approaching the deadline then you should put in a holding defence – a mere denial.

 

I'm a bit surprised that MoneyClaim won't allow you to file a defence. This sounds to me as if they have already applied to judgement.

 

If they have applied for judgement then I'm afraid that you will have to apply for a set-aside which cost about £155.

 

If you really want to try and file a defence then I would send one of this morning by guaranteed Monday morning delivery – and maybe that will get them on time before they have processed the judgement application and issued the judgement.

 

However, don't bet on it.

 

If you do decide to follow defence then you should probably say that the claim is denied and that in any event you made a request to the claimant under CPR 31.14 and which he has failed to respond to.

 

Accordingly, ask for the claim to be struck out.

 

The chances of you succeeding on these are thin I would say.

 

Frankly if you don't have a clear defence to the action then probably the best thing to do is to avoid further costs and put your hands up.

 

Believe me this is not my usual approach to these things but I think that you have forced yourself into a corner

 

 

 

Fee now £255.00


:mad2::-x:jaw::sad:

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OC whats that new email ad for MCOL??

 

 

dx


..

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ta

ok

hitman

put your name and claim number and the word defence in the subject line

 

 

then in the text of the email

paste the two line defence

 

If you send your response by e mail

please send it to ccbcdefendants@hmcts.gsi.gov.uk and ensure you quote “Claim response” and quote the claim number in the subject field.


..

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your CPR request is nothing to do with filing deadlines. That is aletter to the claimant for sight of documents not a defence. Court deadlines are court deadlines.

Fax something to the court if you can find a number for Northampton Business centre.

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Fortunely for court users,

the mcol system works better than the process used by hearing centres.

 

Mcol default judgement letters are generated and sent out the following day if put in online before 12 noon from experience.

 

I've taken a request for judgement N225 to a hearing centre

(ie weeks after being transferred from mcol following allocation)

who have shoved it in a draw and sat on it for ages only to return it to me saying the defendant filed a defence

(even though the receive date stamped on the form was well before the defence was filed).

 

BankFodders suggestion to write a letter is futile.

It won't arrive any quicker and not guaranteed to be looked at sooner within the 2 week window they are allowed. As for Fax, ?

 

I can tell you the email address ccbc at hmcts.gsi.gov.uk generates an automatic receipt which can be used as proof of service to the court.

 

For piece of mind, ring ccbc and ask if a default has been applied for + follow the advise of dx100uk.

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hows this going?


..

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Well, well, well, guys. Some rather unfortunate and unpleasant developments.

 

I left the UK on 30th April for a trip abroad and only just returned last Friday, 28th July.

 

 

Prior to my departure and following the submission of my defence to the claim,

I contacted the Northampton County Court to discuss my impending trip and whether it would have any possible impact on my case and was advised

that nothing could be done and that I had to simply wait until the court contacted me again.

 

Alas, upon my return, I found two letters delivered from the court and named as follows:

 

1. General Form of Judgment or Order, dated 15 June 2017

 

2. Judgment for Claimant (in default), dated 14 July 2017

 

Crucially,

the first letter (General Form of Judgment or Order) mentioned that if I failed to file a Directions Questionnaire with the County Court

Business Centre before a certain date, my defence/counterclaim would be struck out without further order of the Court.

 

 

Whether this was by design or just my rotten luck,

I have found absolutely no sign or trace of this Directions Questionnaire among the pile of mail diligently and carefully set aside

for me by my wife, in my absence.

 

 

I even phoned Northampton County Court to point this out, but was unfortunate enough to have to deal with the

most unhelpful and unpleasant court clerk I could have wished for and made no headway.

 

Bottom line is,

I now have a default judgment of just under £270 to pay the Claimant

 

 

would like to apply for the judgment to be set aside, as I strongly believe that I have a sound defence and it's only right that I be granted an opportunity to present this defence and receive a fair hearing.

 

As I'm currently unemployed, a number of questions have also been racing through my mind including....

 

a) Considering the application to set aside judgment incurs a fee of £255 and considering the judgment sum is just under £270, is it worth my while

putting in this application at all?

 

b) As I'm now unemployed, can I have the application fee waived or reduced when applying to have the judgment set aside?

 

c) If the application fee cannot be waived or reduced, can I claim it back from the Court or the Claimant if I'm successful with my appeal?

 

d) Should I have to proceed with the application to set aside judgment,

can anyone provide some advice/guidance on how I should go about this please?

 

 

Thank you.

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Well, well, well, guys. Some rather unfortunate and unpleasant developments.

 

I left the UK on 30th April for a trip abroad and only just returned last Friday, 28th July.

 

Prior to my departure and following the submission of my defence tothe claim,

I contacted the Northampton County Court to discuss my impending trip and whether it would have any possible impact on my case

was advised that nothing could be done and that I had to simply wait until the court contacted me again.

 

Alas, upon my return, I found two letters delivered from the court and named as follows:

 

1. General Form of Judgment or Order, dated 15 June 2017

 

2. Judgment for Claimant (in default), dated 14 July 2017

 

Crucially, the first letter (General Form of Judgment or Order) mentioned that if I failed to file a Directions Questionnaire with the County Court Business Centre before a certain date, my defence/counterclaim would be struck out without further order of the Court.

 

Whether this was by design or just my rotten luck,

I have found absolutely no sign or trace of this Directions Questionnaire among the pile of mail diligently and carefully set aside for me by my wife, in my absence.

I even phoned Northampton County Court to point this out, but was unfortunate enough to have to deal with the most unhelpful and unpleasant court clerk I could have wished for and made no headway.

 

Bottom line is,

I now have a default judgment of just under £270 to pay the Claimant

would like to apply for the judgment to be set aside,

as I strongly believe that I have a sound defence

and it's only right that I be granted an opportunity to present this defence and receive a fair hearing.

 

As I'm currently unemployed, a number of questions have also been racing through my mind including....

 

a) Considering the application to set aside judgment incurs a fee of £255 and considering the judgment sum is just under £270,

is it worth my while putting in this application at all?

 

b) As I'm now unemployed,

can I have the application fee waived or reduced when applying to have the judgment set aside?

 

c) If the application fee cannot be waived or reduced,

can I claim it back from the Court or the Claimant if I'm successful with my appeal?

 

d) Should I have to proceed with the application to set aside judgment,

can anyone provide some advice/guidance on how I should go about this please?

 

Thank you.

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