MET/DCB(L) windscreen PCN PAPLOC Now Claimform - electric bay abuse - ASDA Arla Old Dairy South Ruislip

[lookinforinfo]

You could add a PS

Alternatively, as all good things come in threes, I can patiently wait for another year so that you can send me a letter of Claim from those wonderful people from DCBL who can't make their minds up whether they are debt collectors or bailiffs.

 

[FTMDave]

LFI, this LoC was from DCBL, thus "Yasmin and Jamie".

[rocky_sharma]

On Monday I posed snotty letter to DCBL and MET and also sent email to ASDA CEO with attachment of receipts and bank transactions.  Unfortunately I got below response from ASDA.

Thank you for contacting Mr Issa, my name is Anjan, as part of the Executive Relations Team at Asda, I will be responding to you directly.

I am sorry to learn that you received a Parking Charge Notification (PCN) in 2019, all of our stores have clear signs informing our customers of the conditions of the car park, failure to adhere to the conditions may result in a PCN.

As the PCN is now 4 years old and the car park is monitored by an external company, MET Parking Services, Asda do not have any control over issuing or cancelling the PCN in question.

I would advise you to contact the issuer, MET Parking Services who would be best suited to support you further.

Apologies that I could not help further.

Kind Regards
Anjan
Executive Relations Team

[FTMDave]

That's disappointing.  It's the first time we've seen Asda not be cooperative.  No doubt down to the four-year delay in contacting them.

Hopefully the snotty letter will see MET off anyway.

[rocky_sharma]

yesterday I received attached letter and evidences related to PCN from DCBL. 

Not sure what this means do I need to reply back or take any other action?

 

2023-11-02 DCBL PAPLOC reply reply.pdf

[dx100uk]

yours is not the next move.

it's a bit like mother +child , disabled, one legged dog owners-  bays. they MUST have a sign AT THE BAY and not rely upon general T&C's on signs around the whole site to even be half considered poss a chance to issue a speculative invoice.

 

[rocky_sharma]

I received attached "Claim Form" yesterday with regards to this.  What do I need to do now?

 

 

Claim Form 08-12-23 (1).pdf

[honeybee13]

Hi.

Could you also let us have the answers to the questions in the forum sticky please?

HB

 

Have you signed up to MCOL? HB

 

I've hidden your post with the claim pdf. Please edit it and repost, you've left yourname on it twice and the claim number several times. Best to keep this anonymous.

HB

[Nicky Boy]

Redaction done and post unhidden again

[FTMDave]

dx100uk will be on shortly with details of how to defend.  You have plenty of time to do so.

MET are issuing claim forms like confetti at the moment.

[dx100uk]

sticky first please

dx

[rocky_sharma]

Hi @honeybee13 and @dx100uk ,  Thanks and please see below answers.  Please let me know if anything missing.

Which Court have you received the claim from ?  Yes  (civil national business centre - the county court)

Name of the Claimant :    MET Parking Services LTD

Claimants Solicitors: Ellen O'Donnell

Date of issue –    08  DEC 2023

Date for AOS -   26 DEC 2023

Date to submit Defence - 09 JAN 2024

What is the claim for – 

1. The Defendant (D) is indebted to the Claimant (C) for a Parking Charge(s) Issued to vehicle xxxxxxxx at (840) Ara Old Dairy, South Ruislip, HA4 OFY.

2. The PCN(S) were issued on 05/12/2019

3. The defendant ls pursued as the driver of the vehicle for breach of the terms on the signs (the contract). Reason:Electric Bay Abuse

4. In the alternative the defendant is pursued as the keeper pursuant to POFA 2012, Schedule 4. AND THE CLAIMANT CLAIMS

1.£170 being the total of the PCN(s) and damages.

2. Interest at a rate of 8% per annum pursuant to s.69 of the County Courts Act 1984 from the date hereof at a daily rate of £01 until judgment or sooner payment.

3.Costs and court fees

What is the value of the claim?

Amount Claimed - 227.36

court fees - 35.00

legal rep fees - 50.00

Total Amount - 312.36

Have you moved since the issuance of the PCN? (y/N - if Y state Date too) No

Did you receive a letter of Claim With A reply Pack wanting I&E etc about 1mth before the claimform? Y/N + date and did you reply?  No I think I got I&E together with claim form

 

[dx100uk]

pop up on the MCOL website detailed on the claimform

.

register as an individual on the Gov't Gateway Site
Go to HMRC's login page.

Click the GREEN sign in button.
Click “Create sign in details”
Enter your email address where asked.
You will now be emailed a confirmation code. ...

You will now be issued with a User ID for your government gateway account.
 note down your details inc the long gateway number given, you might need it later.
 

then log in to the MCOL Website

.

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 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

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.

………….
 

[FTMDave]

Get AOS and CPR done as dx says.

Nearer the time of the defence filing please come back on here.  We have a standard defence but it needs to be tweaked to include that is is unreasonable for MET to delay litigation for four years so that they can claim a huge amount of interest.

[rocky_sharma]

thank you for your guidance

I have prepared a letter as below to solicitor

can you please review and suggest any correction or modifications if you think please? 

also is my name need to be same as in passport or is it ok to use usual short name that I use for myself? 

I already have government gateway id I suppose I can use that as that is needed for the reason of income & tax purpose? 

Many Thanks

 

To DCB LEGAL LTD

[Your address]

DCB LEGAL LTD - 0330 1744 172

DIRECT HOUSE,

GREENWOOD DRIVE

RUNCORN

WA7 1UG

 

(template removed - dx)

[dx100uk]

read what the template says in red at the top...

you use the name on the claimform.

your existing gateway is ok to use.

[rocky_sharma]

for the third point about disclosure and production of document where I need to mention solicitors do I mention just DCBLegal or also CST Law? please see below.

3. Copies of the notice to driver, notice to keeper and any other correspondence from [insert Claimant Name] & DCBLegal  & CST Law to the defendant that they intend to rely upon in court.

If I have used my short name in past communication with those solicitors and MET will that matter? or will I have to mention that in the 3rd point?  those communication did include relevant PCN Number.

[FTMDave]

CST Law just sent threatening letters, you can ignore their existence in your CPR request.

The point of the request is to embarrass DCBL and MET who won't have bothered to obtain the required legal documentation.

As dx says, use the name they have sued you under.

 

Edited December 18, 2023 by FTMDave
Irrelavent part ommitted

[rocky_sharma]

yesterday I did AOS and today sent CPR request to solicitor,  in CPR there is below paragraph does that mean there will be some cost that I will have to pay for?

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

[dx100uk]

just send it as is.

no one ever gets hit,

dx

[rocky_sharma]

what will happen next now that I have done both AOS and CPR?

[honeybee13]

You need to work out when your defence is due and start working on that. Please tell us what the deadline date is. From memory, that information is in the sticky thread questionnaire you filled in about the claimform.

Don't wait for a response to anything that could take you over that deadline.

You really need to start reading other threads now, to understand the court process. Try looking at cases that have already been to court and won in our Successes form. Start with the newest ones.

HB

 

[FTMDave]

In particular if you read this short thread it takes you all the way through the court process, you will be able to see what happens at every stage  https://www.consumeractiongroup.co.uk/topic/406892-highview-parking-anpr-pcn-claimform-urban-exchange-manchester-claim-dismissed/#comments

[dx100uk]

On 14/12/2023 at 15:40, rocky_sharma said:

Date to submit Defence - 09 JAN 2024

 

and is already in the court sticky you filled out further down in that post.

but you must get reading up

dx

[rocky_sharma]

I have prepared defence as below can you please review and amend as you think?  I am not at all close to this and tried to adapt the defence to refer directly to the points in the PPC's Particulars of Claim but not sure at all if I have done that correctly and definitely need your help for that and please also can you advice on point 2 and 4?

few additional points I want to highlight not sure if it matters:

• the car park is not just for ASDA as there are other shops including Cineworld, The Gym etc.. but car park is right at the ground floor under ASDA.
• In my case I received NTK on time.
• Does it matter if my car insurance only has my name?

====================================================================

Defence Statement:

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.     Paragraph 1 is denied.  It’s denied that defendant ever entered into a contract to breach any terms and conditions of the stated private land.

2.    Paragraph 2 and 4 denied.  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 only contracted 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.  Further it is denied that the Claimant’s signage is capable of creating a legally binding contract.

3.     It is admitted that Defendant is the recorded keeper of the vehicle. The claimant is not in a position to state if Defendant was the driver at the time.

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

5.     Paragraph 4.1 is denied.  The Claimant is attempting double recovery by adding an additional sum not included in the original offer. 

6.     Paragraph 4.2 is denied, there are no contractual costs and interest cannot be accrued on a speculative charge.

7.     Paragraph 4.3 is denied.  Notwithstanding the above on 19/12/2023, the Defendant made a request pursuant to CPR 31.14 for the Claimant to disclose the necessary evidence in support of their claim. To this date the claimant has failed to respond to said request.

Therefore, the claimant is put to strict proof to evidence its cause of action and contractual costs and what loss it has suffered. 

The Claimant is further put to strict proof that it has sufficient proprietary interest in the land, or that it has the necessary authorisation from the landowner to issue parking charge notices, and to pursue payment by means of litigation.

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

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