CEL ANPR PCN Claimform - Dental Practice 10B QUEENS ROAD, CONSETT, DH8 0BH

[Murpheus]

Thanks dx100uk will study post 24 in more detail later. Surely asking me to type out all CE bullshit for "particulars of claim" would send me round the bend when all the information is there in the pdf post 18. I will amend the contest jurisdiction box. 

[dx100uk]

Why are you so special and don't or won't do or follow what 1000's of others in pcn claimform threads here have done  already?

 

help us to help you by following our tried and tested methods please?

 

pcn claimform sticky post done for you.

 

dx

 

[FTMDave]

I see CEL have

   - added £82 Unicorn Food Tax

   - stuck on two and a half years' interest

   - claimed £50 legal representative's costs despite representing themselves!

[Murpheus]

Thanks dx100uk for doing the typing for me. I honestly don't think I'm special [not now anyway] just typing out their lies made me feel angry, That and clerical typing has never been my Forte, worked outside all my life.

 

FTMDave thanks for the observation of the additional costs. About 5 years ago, I was in the same boat with my daughter, her parking charge had rocketed up to £650 +. That is history now as the pre typed letter last time from dx100uk sent them packing, that and a photo of the machine out of order.

 

Tomorrow I will copy and paste the similar letter and post it to CE recorded delivery.

I am not expecting them to back off this time as I suspect they will be more determined seeing their £650 vanish like a fart in the wind.

At least I have bought more time to prepare my defence, should I need it.

[dx100uk]

what letter post it up?

 

there is little point in sending anything other than the CPR 31:14, this is in the system court now.

[Murpheus]

The letter I refer to is the CPR 31 14. I'm sure that is what I sent when my Daughter had problems with them. I have copied and pasted it again but what do I do with this paragraph where it says....... [each of the following / the] ? Do I leave it as it is or should there be something I have to type in between the brackets? 

My gut feeling says leave it as it is but there are other brackets throughout the whole document where you have to type in logical details like their name address etc. Below is the said paragraph.

 

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:

 

I will be posting it off to CE by registered letter.
 

Edited January 2 by Murpheus

[dx100uk]

On 29/12/2021 at 16:42, dx100uk said:

get a CPR 31:14 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

 

You send the above as is just enter yours and their sols details 

 

also as that link states you dont need registered as its only a request and they are not legally obliged to reply anyway.

so 1st class with free proof of posting at any po counter it all thats needed.

 

dx

 

[Murpheus]

Thanks "Yet" again dx100uk. Will post within a couple of days and start preparing my defence.

 

Being a couple of years, will have to go through old hard drives for more photos.

In a nutshell, my photographic evidence [1 week after anpr shot] was twisted by CE and POPLA by being used against me.

 

CE seem to imply I must have seen the signs as I took a photo of them, while POPLA stated the rules are clearly displayed on the signs. 

 

No mention was ever made that I did not see the signs for temporary traffic lights, construction activities, traffic congestion and 2 crucial signs in question not being clearly displayed.  

Edited January 3 by dx100uk
spacing

[dx100uk]

well thats all for your witness statement..if if if it runs that far months and months away yet...

 

the defence you will be filing will be a version of our bulk std non descrito generic cover all PCN defence which is in 99% of pcn claimform threads already here and in the 'you've received a private parking court claim sticky' you filled in a while back.

defence is not due for weeks yet but dont leave posting your ideas up until the last few days.

 

dx

 

 

 

[Murpheus]

Murphy's Law. If it can happen, it will.

And that is exactly what happened the day I parked at the surgery. I never saw one sign !

 

Below is the defence statement I will submit to MCOL within the next few days.

I had a Dentist appointment on the 10/07/2019. The last time I was there was around 2 years earlier.

 

The street at the time had traffic lights with wagons and heavy plant parked on the path. A large sinkhole had appeared earlier along the street that had caused the roadworks.

 

Coming up the bank at Durham road I turned left onto Queens road, traffic lights then when I got a chance to pull in, right into the car park.

 

I turned right again and reverse parked into a vacant bay. Walked straight across through the trees across the green and through the open door to the dentists. Sat in the waiting room and nothing had changed since the last visit, same pictures on the walls, certainly no new signs.

 

When treatment was finished did everything in reverse to get back to car. Driving out of the car park the only thing I noticed different was a blank sign to my left that i presumed was part of the other road signs close by.

 

Soon after I got a PCN and was astounded that I did not see any warning signs. I returned to the car park and realised why i didn't see anything. 

*The main sign at the front was obscured by a wagon waiting to tip.

*the sign opposite me was turned 90 degrees looking like a razor blade, that's why i did not see it, the pole being in line with the tree from my angle didn't help either..

* there is a sign on the surgery door glass but this was wide open a week earlier.

* the main sign was blank at the back and on the wrong side

*Previous correspondence implied 2 inconsistencies.

1, I was aware of the new parking restrictions.

2, Photos  took a week after the event were used against me claiming they were took on the day of the appointment.

I can provide photographic evidence
Signed 
Defendant

 

Well that's the raw version for now that I will send off to MCOL soon. Biggest joke is inconsistency 2.

 

Why the hell would I take loads of photos the day of the appointment? If I knew then what I know now, it would have been quicker and easier just to put your reg in the machine.

I have sent an email to MCOL asking them to untick box regarding Jurisdiction as it is not there now. CPR 31 14 sent last week to CE, no reply yet.

[dx100uk]

You do not ever send that kind of detailed information in a defence to a speculative invoice!!

 

look at any pcn claimform thread here or in the sticky you completed to tell us about the claimform.

 

3-5 line non descripto generic defence

[dx100uk]

On 03/01/2022 at 15:23, dx100uk said:

well thats all for your witness statement..if if if it runs that far months and months away yet...

 

the defence you will be filing will be a version of our bulk std non descrito generic cover all PCN defence which is in 99% of pcn claimform threads already here and in the 'you've received a private parking court claim sticky' you filled in a while back.

defence is not due for weeks yet but dont leave posting your ideas up until the last few days.

 

dx

 

 

 

Why do i have to keep repeating myself??

 

Dx

[Murpheus]

I'm sorry but this whole situation has me confused.

I find it difficult to follow court procedures and some of the advice on here.

Some of the links refer back to credit loans, what I do understand is I have to submit a defence within a week .

 

Been through a lot recently and this has come at a bad time.

MCOL website gives you 122 lines in a paragraph for your defence.

Surely if I don't submit that now it wont be allowed later.

 

Edited January 10 by dx100uk
spacing

[honeybee13]

I haven't been to court either, you're not the only one.

 

My understanding is that you submit a short defence now, usually four or five bullet point type comments. Then you flesh this out in your witness statement later on in the process.

 

Have a look in our PPC Successes forum for claimform threads, those should have initial defences in them.

 

HB

[FTMDave]

HB's explanation is spot on.

 

Click on  https://www.consumeractiongroup.co.uk/topic/393251-received-a-court-claim-from-a-private-parking-speculative-invoice-how-to-deal-with-it-hereupdated-dec-2021/

 

Scroll down to  Q2) How should I defend? 

 

You will find a template defence.

 

 

 

[Murpheus]

Thanks Honeybee13 for that link. I may have been advised to click on it earlier but my head is up my arse at the moment. It looks like you can submit a small defence now and you can add to it later, I had no idea you could do that. When MCOL give you 122 lines in that defence paragraph it is easy to presume they want the whole information now. Never mind have copied and pasted part of that link and may use it after I have carefully read and understood it. This too is difficult to understand as it looks like what a Solicitor would say trying to defend me.

 

The Defendant contends that the particulars of claim are vague and generic in nature which fails to comply with CPR 16.4.  The Defendant accordingly sets out its case below and relies on CPR r 16.5 (3) in relation to any particular allegation to which a specific response has not been made.

 

1.  The Defendant is the recorded keeper of [motor vehicle].

 

2.  It is denied that the Defendant entered into a contract with the Claimant.

 

3.  As held by the Upper Tax Tribunal in Vehicle Control Services Limited v HMRC [2012] UKUT 129 (TCC), any contract requires offer and acceptance.  The Claimant was simply contracted by the landowner to provide car-park management services and is not capable of entering into a contract with the Defendant on its own account, as the car park is owned by and the terms of entry set by the landowner.  Accordingly, it is denied that the Claimant has authority to bring this claim. 

 

4.  In any case it is denied that the Defendant broke the terms of a contract with the Claimant.

 

5.  The Claimant is attempting double recovery by adding an additional sum not included in the original offer. 

 

6.  The Particulars of Claim is denied in its entirety.  It is denied that the Claimant is entitled to the relief claimed or any relief at all.

 

[FTMDave]

Well done.

 

Fill in the vehicle reg in (1) and the defence is good to go.

 

The work you've put in in post 36 will still be very useful when the judge orders the two parties to file detailed Witness Statements in the last weeks leading up to the hearing.

[dx100uk]

well done but you DONT file your defence early.

its not a small defence, it is THE defence, as brief and non descript as possible.

 

you will then LATER in the court process IF IF IF the claimant wants it to go that far, fluff it out with the real FACTS (what you have put up earlier) at the Disclosure stage, when you each exchange witness Statements.

 

as you should have worked out earlier.....

you DO NOT await the return of any paperwork.

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

 

Date of issue –   23 DEC 2021

 

so...whats that date?

 

 

[Murpheus]

Thanks again FTMDave and dx100uk.

Think I'm getting the jist of it now.

 

Once I get this sortedi  will delve into my daughters case and find out why they backed off back then. Not sure if it was the  CPR 31:14 or the photos I had of the machine out of order that saved the day or both. The case was on here but can't find it anymore,  did try to update the good news on here when it was fresh but had difficulties logging in and ultimately lost touch. That success story will be uploaded on here regardless of what happens with me.

 

On that note, will do as advised and put reg number into what I pasted before and submit that as defence for now.

I will read through it thoroughly maybe tomorrow and submit no later than Friday before I forget.

[dx100uk]

please do not submit until just before 4pm 23rd jan

 

what was your old username?

 

 

[Murpheus]

Ok will do. Never changed my user name although it may have been all lower case at the time, murpheus. Have to dig through old emails from a different email address I guess.

 

hahaha, feel like a prat. below is an extract from a welcome email dated 10/02/2010

 

Dear murpheus,

 

Thanks for registering at The Consumer Forums!  We are glad you have chosen to join our forum.  We hope that you will be able to benefit from the information, advice and support which we attempt to provide here.

 

Although The Consumer Action Group is here to help you Reclaim the Right in respect of all consumer issues, you are probably here because you are a victim of unlawful penalty charging by your bank.

 

We can help you get your money back.

 

I was using a different email address at the time and looks like my old username was murpheus not Murpheus.

[dx100uk]

case is immaterial 

 

post me the thread title of your daughter PCN thread 

or link it here

[Murpheus]

Update. I get the feeling they will try and take me all the way. Just have to wait and see.

court letter..pdf

[dx100uk]

std letter the court send simply telling you the claimant has 28 days to do 'something' else the claim get autostayed.

 

On 10/01/2022 at 19:48, dx100uk said:

Why do i have to keep repeating myself??

 

Dx

go read a goof few 10's of PCN claimform threads.

 

 

[Murpheus]

Thanks dx100 will update this post when anything new comes along.