Jump to content
alladin78

CEL ANPR PCN Claimform - Croydon Poplar Walk car park.

Recommended Posts

Hi,

 

I'm looking for some advice on a PCN that was issued last year 07/09/2017 for parking at Croydon Poplar Walk car park.

 

I did park there on the 7th September, and didn't make the payment as I think my phone had issues (or I forgot) and called up the number the next day when I remembered on the PaybyPhone site/board to ask how I can pay for the previous day as when I checked the website I couldn't find any other contact number.

The operator told me she couldn't help me as there was no mechanism to make a back dated payment.

I've parked in the same car park multiple times and always made the payment.

 

When the first letter came,

I remember vaguely I called to say I tried to make the payment the next day,

but they wouldn't have any of it,

and said the notice in the car park says clearly that the payment needs to be made within 30 minutes of parking.

 

I tried appealing on the call saying I had tried to make the payment the next day and explained I'm more than happy to pay the parking fee with an appropriate interest for it but the fine of £60.00 seems a bit steep, but they didn't budge.

I tried to search up the actual legal owners of the car park, but couldn't find any details for them.

 

Subsequently,

I got a few letters from Civil Enforcement where the money owed kept going up,

but after trolling through a few sites which recommended ignoring these letters, that's what I did.

 

Then I got a few letters from ZZPS which had threatening tones (and amount kept increasing, all of which I threw away) and then got a couple of letters from QDR solicitors, the last one dated 25/5/2018 threatening stated they would obtain a CCJ, which I kept.

I didn't do anything, as after looking up similar letters the general advice seemed to be to ignore them.

 

Last week I got a Claim form from County Court Business Centre, Northampton dated 11/10/2018 which looks very legitimate as it has the county court stamp (albeit a bit faint).

The amount now states £331.59!! :(

Feel like I should've just paid the £60.00 last year. It seems a bit unjust that a £5.00 parking fee should end up having such a huge fine!!

 

What should I do?

Any help will be greatly appreciated.

I've attached the first page of the claim form (it has 4 pages in total with page 2 being a 'Response Pack',

page 3 is "Admission (specified amount)"

- lots of sub-sections and is double sided ending with a declaration.

 

Page 4 is "Defence and Counterclaim (specified amount)"

- also double sided with lots of sections.

 

I've also attached a scanned copy of the letter from QDR solicitors.

 

Please help me.. feeling very anxious now!

Kind regards

Al

Edited by dx100uk
spacing

Share this post


Link to post
Share on other sites

The experts will be on in the morning, but in the meantime have a look through other threads where court proceedings have begun to get a feel of what to do.

 

I know you can register on the MCOL website that you oppose the claim which buys you time to prepare a defence and start to undermine these charlatans.

 

There are no guarantees of course, but most of the time the parking companies can't be bothered to prepare a proper legal case because they don't need to, unfortunately most of the time people are frightened of the legal process and give in … which means that a decently-defended case wins most of the time! Go for it!

Share this post


Link to post
Share on other sites

Thanks @FTMDave - I've started doing some research, but not sure whether to Defend fully and counter claim or admit to part.

Share this post


Link to post
Share on other sites

welcome to the forum BTW!

 

You need to defend all.

 

DX and ericsbrother will likely look in in due course, so sit tight. Just be prepared to provide all information requested.

Share this post


Link to post
Share on other sites

we don't need to see the claimform - we know what they look like

ive taken that down and the other uploads and tidied the thread of now unnecessary posts.

if you could please scan up the NTK to PDF read upload that would be good to see

 

for now the important bit is please complete click the link below and paste the Q's of the relevant section along with adding your answers at the end of each one please back to this thread

https://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***

 

one point...it is NOT A FINE..nowhere if you look carefully does any of the paperwork use that word...….

 

its a speculative invoice and they've now issued a speculative claim hoping for a knee jerk payment or you continuing the [wrong] route of ignoring that too

[which you should never now do with any speculative invoices since 2012!!)


PLEASE DONT HIT QUOTE IF THE LAST POST IS THE ONE YOU ARE REPLYING TOO.

MAKES A THREAD TWICE AS LONG TO SCROLL THROUGH!

 

WE CAN'T GIVE ADVICE BY PM - IF YOU SEND ME A LINK TO YOUR THREAD - I WILL BE HAPPY TO OFFER HELP THERE

1. Single Premium PPI Q&A Read Here

2. Reclaim mis-sold PPI Read Here

3. Reclaim Bank Account, Loan & Credit Card Charges Read Here

4. The CAG Interest Tutorial Read Here

Share this post


Link to post
Share on other sites

You say that you are tempted to call them the day afterwards and to make the payment. This raises some interesting possibilities for a defence but do you have any evidence of this?


Share this post


Link to post
Share on other sites

OK, you acknowledge the claim and say you are defending in full.

Anything else is an admission you owe the lot so forget about thinking you can maybe pay £60, it doesnt work like that.

 

You dont owe any money, you offered to pay and they refused the payment, that menas you have mitigated the loss and they now cant ask for payment.

 

Also as CEL are the biggest crooks in the parking world they will have added all sorts of unlawful and spuruious amounts to the amount claimed, you wait,

 

Ashley may try caharging you another £200 to write his witness statement, something that has to happen anyway or there is no claim but people often dont know waht is allowed and what isnt so pay up before he asks for a new house.

 

I have no idea where Poplar Walk is so please tell us the street address or postcode so we can google it and give us an idea of what sort of car park it is, shopping centre, residential estate or what.

 

also tell us what paperwork you still have, so for example the original NTK.

Also, it isnt a FINE, it is jusr an invoice and probably an unlawful demand cos CEL dont care about the law that allows them to ask in the first place.

 

I have had a quick look on google spyonyourneighbour and can see 2 signs at the entrance.

 

The first says phone and pay and see other signs for conditions.

This is not a contract to park but an invitation to treat and that menas the conditions on the other signs are not set in stone so your offer you made should have been accepted.

 

The second sign cannot be read from google but it isnt an offer from CEL so that gives them problems regarding locus standi, or a right to make a court claim.

In short, it appears as though they have nothing to do with the offer so cant sue you.

 

Now as you can see that hasnt stopped them from spending money to do exactly that but it means that when you defend they will lose the claim as no contract exists between you that is enforceable.

 

Usual CEL con trick so once they see why you are defending they will have to drop the claim or end up paying costs and possibly getting sued by you if you are that way minded.

 

So, paperwork and some decent pictures of the signage needed so you can send an outline defence off within the time allowed but get the acknowledgement done now to buy you an extra fortnight to do the rest.

 

Registering at moneyclaim dot gov dot uk is the quickest way

Share this post


Link to post
Share on other sites

pop up on the MCOL website detailed on the claimform.

.

register as an individual

note the long gateway number given

then log in

.

select respond to a claim and select the start AOS box.

.

then using the details required from the claimform

.

defend all

leave jurisdiction unticked.

click thru to the end

confirm and exit MCOL.

 

get a CPR 3114 request running to the solicitors

.https://www.consumeractiongroup.co.uk/forum/showthread.php?486334- CPR-31.14-Request-to-use-on-receipt-of-a-PPC-(-Private-Land-Parking-Court-Claim)

 

type your name ONLY

 

no need to sign anything

.

you DO NOT await the return of paperwork.

you MUST file a defence regardless by day 33 from the date on the claimform.


PLEASE DONT HIT QUOTE IF THE LAST POST IS THE ONE YOU ARE REPLYING TOO.

MAKES A THREAD TWICE AS LONG TO SCROLL THROUGH!

 

WE CAN'T GIVE ADVICE BY PM - IF YOU SEND ME A LINK TO YOUR THREAD - I WILL BE HAPPY TO OFFER HELP THERE

1. Single Premium PPI Q&A Read Here

2. Reclaim mis-sold PPI Read Here

3. Reclaim Bank Account, Loan & Credit Card Charges Read Here

4. The CAG Interest Tutorial Read Here

Share this post


Link to post
Share on other sites
You say that you are tempted to call them the day afterwards and to make the payment. This raises some interesting possibilities for a defence but do you have any evidence of this?

 

I've got no evidence as this was last year.

Share this post


Link to post
Share on other sites

action post 9


PLEASE DONT HIT QUOTE IF THE LAST POST IS THE ONE YOU ARE REPLYING TOO.

MAKES A THREAD TWICE AS LONG TO SCROLL THROUGH!

 

WE CAN'T GIVE ADVICE BY PM - IF YOU SEND ME A LINK TO YOUR THREAD - I WILL BE HAPPY TO OFFER HELP THERE

1. Single Premium PPI Q&A Read Here

2. Reclaim mis-sold PPI Read Here

3. Reclaim Bank Account, Loan & Credit Card Charges Read Here

4. The CAG Interest Tutorial Read Here

Share this post


Link to post
Share on other sites

Name of the Claimant ? Civil Enforcement Limited

claimants Solicitors:

I dont know :?: - the claim form shows the Signed box as 'Civil Enforcement Limited (Claimant's Legal Representative)'

 

Date of issue - 11/10/2018

 

What is the claim for –

1.Claim for monies relating to a Parking Charge for parking in a private car park managed by the Claimant in breach of the terms + conditions (T+Cs).

2.Drivers are allowed to park in accordance with T+Cs of use. ANPR cameras and/or manual patrols are used to monitor vehicles entring+ exiting the site.

 

3. Debt + damages claimed the sum of £236.

4. violation date 07/09/2017. time in:09:27, time out 18:06. Car Park - Poplar Walk Car Park, PCN ref:XXX, Car REgistration XXXXtotal due £235

4. the Claimant claims the sum of £256.59 for monies relating to a parking charges per above including £20:59 interest pursuant to S.69 of the county court act 1984 rate 8%pa from dates above to 10/10/18, same reate to judgement or [sooner] payment

daily rate 0.05

total debt and interest 256.59

 

 

What is the value of the claim? - £256.59

 

Has the claim been issued by the Private parking Company or was the PCN assigned and it is the Debt purchaser who has issued the claim ?

Private Parking company

 

Were you aware the account had been assigned – did you receive a Notice of Assignment? I got a letter from ZZPS - but did not keep them so dont know if they were notice of assignment.

 

Thanking you and everyone who has added comments to my thread.

 

Hi dx

Hi @dx100uk

I'm a bit confused :???: regarding the NTK.

I dont have any of the early letters - they've all been recycled months back as the incident happened over a year ago.

 

I've managed to find one of the letters from CEL dated 24/08/2018 which could be an NTK?

 

I'm reattaching the 3 documents I have as as a single pdf, that is all I have, with all personal information including any codes redacted.

 

I've actioned post 9 as per your instructions and submitted the AOS.

for the CPR 3114 request - who do I send this to?

On the claim form there is no solicitor mentioned.

On some of the other threads where people have uploaded their claim form, the solicitor has Signed the claim.

Thanks

Al

 

Thanks @ericsbrother

I will take some pictures of the signage tomorrow and upload to this thread.

 

I've registered on MCOL and submitted AOS as per Dx's instructions.

 

Thanks again to both of you.

Kind Regards

Al

CEL Claim.pdf

Edited by dx100uk
format/merge

Share this post


Link to post
Share on other sites

you must type out the POC in FULL PLEASE

 

FWIW none of those uploads are an NTK.

 

CRP goes to CEL


PLEASE DONT HIT QUOTE IF THE LAST POST IS THE ONE YOU ARE REPLYING TOO.

MAKES A THREAD TWICE AS LONG TO SCROLL THROUGH!

 

WE CAN'T GIVE ADVICE BY PM - IF YOU SEND ME A LINK TO YOUR THREAD - I WILL BE HAPPY TO OFFER HELP THERE

1. Single Premium PPI Q&A Read Here

2. Reclaim mis-sold PPI Read Here

3. Reclaim Bank Account, Loan & Credit Card Charges Read Here

4. The CAG Interest Tutorial Read Here

Share this post


Link to post
Share on other sites

Hi

Sorry what is a PoC?

Will send CRP to CEL.

Thanks

Share this post


Link to post
Share on other sites

Hi HB

There is no other information on the Claim form apart from the details on the first page in the small box on the left.

I’ve looked at all the other pages.

I’ve seen on other threads the text says they’ll send particulars later etc.

But even that’s not mentioned on mine!?

Thanks

Al

Share this post


Link to post
Share on other sites

well there is and ive updated post 12 now.

 

the important bit is they cant claim damages, what did you damage in 8.5hrs of theirs?


PLEASE DONT HIT QUOTE IF THE LAST POST IS THE ONE YOU ARE REPLYING TOO.

MAKES A THREAD TWICE AS LONG TO SCROLL THROUGH!

 

WE CAN'T GIVE ADVICE BY PM - IF YOU SEND ME A LINK TO YOUR THREAD - I WILL BE HAPPY TO OFFER HELP THERE

1. Single Premium PPI Q&A Read Here

2. Reclaim mis-sold PPI Read Here

3. Reclaim Bank Account, Loan & Credit Card Charges Read Here

4. The CAG Interest Tutorial Read Here

Share this post


Link to post
Share on other sites

Hi @dx100uk

Sorry I didn't realise you wanted the whole text typed out in that format.

I didn't damage anything in the car park - is that enough as defence?

 

I've attached the signage pictures.

 

How do I go about putting a defence ? Or do I need to wait till the response to the CRP comes?

 

Thanks

Al

Signage.pdf

Edited by alladin78

Share this post


Link to post
Share on other sites

Not due till day 33 weeks way


PLEASE DONT HIT QUOTE IF THE LAST POST IS THE ONE YOU ARE REPLYING TOO.

MAKES A THREAD TWICE AS LONG TO SCROLL THROUGH!

 

WE CAN'T GIVE ADVICE BY PM - IF YOU SEND ME A LINK TO YOUR THREAD - I WILL BE HAPPY TO OFFER HELP THERE

1. Single Premium PPI Q&A Read Here

2. Reclaim mis-sold PPI Read Here

3. Reclaim Bank Account, Loan & Credit Card Charges Read Here

4. The CAG Interest Tutorial Read Here

Share this post


Link to post
Share on other sites

You didnt damage anything..thats the point..only the landowner can claim 'damages'

 

Time to go read as many ppc claimform threads esp from CEL


PLEASE DONT HIT QUOTE IF THE LAST POST IS THE ONE YOU ARE REPLYING TOO.

MAKES A THREAD TWICE AS LONG TO SCROLL THROUGH!

 

WE CAN'T GIVE ADVICE BY PM - IF YOU SEND ME A LINK TO YOUR THREAD - I WILL BE HAPPY TO OFFER HELP THERE

1. Single Premium PPI Q&A Read Here

2. Reclaim mis-sold PPI Read Here

3. Reclaim Bank Account, Loan & Credit Card Charges Read Here

4. The CAG Interest Tutorial Read Here

Share this post


Link to post
Share on other sites

you need to read up on terminology, damages is the monies they are claiming. They are stating that you have caused them a loss by not paying them immediately.

Hi @dx100uk

Sorry I didn't realise you wanted the whole text typed out in that format.

I didn't damage anything in the car park - is that enough as defence?

 

I've attached the signage pictures.

 

How do I go about putting a defence ? Or do I need to wait till the response to the CRP comes?

 

Thanks

Al

Share this post


Link to post
Share on other sites

the signage doesnt mention paying them £100 for not obeying their conditions offered in the big sign so there is no damages they cna claim for breaching the supposed conditions.

 

They are damned by their own signage so wont want to actually have to turn up at Croydon CC and thus rely on bullying you into paying up beforehand because if they attend you will beat them and get your expenses for the day out to boot.

 

So the simplest defence will be there was no offer of a contract so the claimant has no cause for action against the defendant.

 

CEL WILL lie and may even produce mock ups of non-existent signs so make sure you have pictires of everything.

Do not argue or fret over the actual missed parking payment,

as already said,

there isnt a contract here that even states what you are supposed to pay and the parking meter is the only actual offer of terms so if you didnt use it you cant be held to its terms.

Edited by honeybee13
Paras

Share this post


Link to post
Share on other sites

Thanks @ericsbrother

On the signage for Phone and Pay

- under the Terms and Conditions, it does talk about the £100.00 if the parking is not paid in 10 minutes of parking

- although in very small writing.

 

TBH I didn’t even see that until day before when I went to take the picture!

I can’t correct my previous post where I thought it was 30 minutes.

 

Does this cause a problem for my Defence?

Thanks again.

Share this post


Link to post
Share on other sites

we need to see everything, not just secondhand snippets.

As I have said, they will produce false documents and computer mock ups of signs that dont exist so we need to see what is there and see it all in clear detail as well as getting an indication of where the signs are relative to the entrance.

 

we know half of the story and that is enough to kill a claim but we need to be able to counter the lies.

Share this post


Link to post
Share on other sites

and it doesn't? say 10 mins... it must say a minimum of 10 mins..if not they've shot themselves in the foot there.


PLEASE DONT HIT QUOTE IF THE LAST POST IS THE ONE YOU ARE REPLYING TOO.

MAKES A THREAD TWICE AS LONG TO SCROLL THROUGH!

 

WE CAN'T GIVE ADVICE BY PM - IF YOU SEND ME A LINK TO YOUR THREAD - I WILL BE HAPPY TO OFFER HELP THERE

1. Single Premium PPI Q&A Read Here

2. Reclaim mis-sold PPI Read Here

3. Reclaim Bank Account, Loan & Credit Card Charges Read Here

4. The CAG Interest Tutorial Read Here

Share this post


Link to post
Share on other sites

Sorry I did attach the signage pics but only just noticed that one of them was not clear enough. I’ve attached another clearer one of the Phone and Pay sign.

D9EB008E-9CC8-483A-B0D3-C64D804494B1.jpeg

Share this post


Link to post
Share on other sites
Please fill in your quit date here

Create an account or sign in to comment

You need to be a member in order to leave a comment

Create an account

Sign up for a new account in our community. It's easy!

Register a new account

Sign in

Already have an account? Sign in here.

Sign In Now

  • Recently Browsing   0 Caggers

    No registered users viewing this page.


  • Have we helped you ...?





  • Tweets

  • Posts

    • The “fact”, and I use that term guardedly, is that you allege a breach of contract so significant that it justified your resigning - "constructive unfair dismissal". That is the fact that you are claiming. You are discussing evidence here - something that proves the fact. Evidence does not need to be included in the ET1, and few would include anything more than a cursory overview. The tribunal does not "hear" your ET1.  They hear your evidence supporting the allegation you made in your ET1. Do you understand the difference? So evidence may still be collected and may come to light. Technically, right up to the hearing, although, in practice, you need permission to include any evidence not disclosed in the exchange of bundles.    If you have already exchanged bundles, although seems unlikely, then you would need the permission of the tribunal to add further evidence. 
    • You were of course quite within your rights to ask questions with regard to the member of staff’s authority over you etc, and all you legally have to supply is your name and address. It sounds as though he thought you were being difficult? This doesn’t help your case of course, but that’s how it sounded Reading your post.    I suggest awaiting any correspondence from the train operator and go from there. You mentioned you were read your rights, or words to that effect? You were cautioned, but it sounds like you chose not to answer any questions. This is of course your right, but in refusing to answer questions, you can’t really submit any defence for your actions should the matter go to court. That’s the whole idea of the caution.   reading your post, it sounds like you want to hold your hands up anyway, so is and when a letter does arrive, I’d suggest a ‘damage limitation’ approach and send the default grovelling reply asking to meet their reasonable admin charges to keep the matter out of court.
    • I'm sure it will. Take your time to absorb it and don't put yourself under pressure. You'll get there, lots of people have.   HB
    • Definitely, the more info the better for me... Hopefully some of all this expert advice/ experience will rub off and start to stick!   
  • Our picks

    • This is a bit of a lengthy one but I’ll summerise best as possible.
       
      THIS IS HOW THE PHONECALL WENT 
       
      I was contacted by future comms by phone, they stated that they could beat any phone contract I have , (I am a limited company but just myself that needs a business phone and I am the only worker) 
      I told future comms my deal, £110 per month with a phone and a virtual landline, they confirmed that they could beat that, £90 per month with a phone , virtual landline  they also confirmed they would pay Vodafone (previous provider) the termination fee. As I am in business, naturally I was open to making a deal. So we proceeded. 
      Future comms then revealed that the contract would be with PLAN.COM and the airtime would be provided by 02, I instantly told them that this would break the deal as I have poor 02 signal in the house where I live as my partner is on 02 and constantly complaining about bad signal
      the salesman assured me he would send a signal booster box out with the phone so I would have perfect signal.
      so far so good.....
      i then explained this is the only mobile phone I use for business and pleasure, so therefore I didn’t want any disconnection time in the slightest between the switchover from Vodafone to 02
      the salesman then confirmed that the existing phone would only be disconnected once the new phone was switched on.
      so far so good....
      • 14 replies
    • A shocking story of domestic and economic abuse compounded by @BarclaysUKHelp ‏ bank complicity – coming soon @A_Gentle_Woman. Read more at https://www.consumeractiongroup.co.uk/topic/415737-a-shocking-story-of-domestic-and-economic-abuse-compounded-by-barclaysukhelp-%E2%80%8F-bank-complicity-%E2%80%93-coming-soon-a_gentle_woman/
      • 0 replies
    • The FSA has announced large fines against DB UK Bank Limited (trading as DB Mortgages) - DeutscheBank and also against Redstone for their unfair treatment of their customers.
      Please see the links below for summaries and full details from the FSA website.
      It is now completely clear that any arrears charges which exceed actual administrative costs are unfair and therefore unlawful.
      Furthemore, irresponsible lending practices are also unfair and unlawful.
      Additionally there are other unfair practices including unarranged counsellor visits - even if they have been attempted.
      You are entitled to refuse counsellor visits and not incur any charges.
      Any charges for counsellor visits must not seek to make profits. The cost of the visits must be passed on to you at cost price.
      We are hearing stories of people being charged for counsellor visits for which there is no evidence that they were even attempted.
      It is clear that some mortgage lenders are trying to cheat you out of your money.
      You should ascertain how much has been taken from you and claim it back. The chances of winning are better than 90%. It is highly likely that the lender will attempt to avoid court action and offer you back your money.
      However, you should ensure that you receive a proper rate of interest and this means that you should be seeking at least restitutionary damages - which would be much higher than the statutory 8%.
      Furthermore, you should assess whether the paying of demands for unlawful excessive charges has also out you further into arrears and if this has caused you further penalties in terms of extra interest or any other prejudice. This should be claimed as well.
      If excessive unlawful charges have resulted in your credit file being affected, then you should take this into account also when working out exactly what you want by way of remedy from the lender.
      You should consult others on these forums when considering any offer.
      You must not make any complaint through the Ombudsman. your time will be wasted, you will wait up to 2 yrs and there will be a minimal 8% award of interest and no account will be taken of any other damage you have suffered.
      You must make your complaint through the County Court for a rapid and effective remedy.

      http://www.fsa.gov.uk/pages/Library/Communication/PR/2010/120.shtml
      http://www.fsa.gov.uk/pubs/final/redstone.pdf
      http://www.fsa.gov.uk/pubs/final/db_uk.pdf
       
      http://www.fsa.gov.uk/pages/consumerinformation/firmnews/2011/db_mortgages.shtml
      Do you have a mortage arears claim to make? Then post your story on the forum here
        • Like
      • 0 replies
    • 30 Day Right To Reject - Vehicle Casualty Report. Read more at https://www.consumeractiongroup.co.uk/topic/415585-30-day-right-to-reject-vehicle-casualty-report/
      • 57 replies
×
×
  • Create New...