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    • Dx100uk well not really, considering he pulled out on me from the side of the road. He should have gave way. Why do you think he has told a different story to his insurance ?   Because he knows if he has said he pulled out on me he would be held liable.   He pulled away from my left hand side then breaked- leaving his van in an angled position, it literally happened within the space of a split second  
    • Update: the lawyer friend sent a very good legal letter last week  The third letter will be sent over the next few days - here is the proposed text - your comments welcome as ever: Dear Will & John Letter Reference:xxxx I write with reference to your recent letter in relation to PCN numberxxxxx You threaten Court proceeding on behalf of your client yet your client’s rationale for charging me has no legal substance. An alleged parking offence as a breach of an alleged contract.  I have no contract or terms and conditions with your client.   Furthermore, the sum you are requesting is fictitious. I have no intention of paying any monies to your client. You had no legitimate reason to access my personal details so are already in breach of GDPR by texting me several times on my personal number which I have not given permission for you to use.  Coupled with the several letters you have sent your persistence amounts to nothing short of harassment. Should this continue I will have no hesitation in contacting the ICO to report the breach. The letters I have received will be useful as tinder for the open fire in my living room now the weather has turned cold again. Should you wish to take me to court, I will be seeking full costs through a recovery order under CPR 27:14 which will come in handy now I find myself in the unenviable position of redundancy as a result of Covid. Yours Sincerely   Copied to PCM UK "you don't want to be Gladstoned"   Thanks AJJM
    • Letter received from Cabot - "Unfortunately  do not have relevant information on file" Requesting from original lender. Will write within 12 days with an update. Requesting I get in contact to make a plan. Suspect they will get a CCA from Lloyds so ned to think of how to proceed if they do supply one.  Lloyds did cancel the credit card and accepted £5 per month and no interest. Do not want to pat the DCA.
    • £18 billion on PPE instead of £3-4B max £22 billion on trace a test instead of about £2-3 at most as in other countries for doing better £500 million on eat out to spread the virus instead of 150M to feed kids and support local businesses   Thats £35+ billion in taxpayer money wasted    
    • Sorry but I don't necessarily agree with my site team colleague above. I'd like to see diagrams and understand the situation fully before making a judgement. I've been asking for a diagram since Thursday evening – and I'm still not sure why we don't have one. I understand that the van was pulling out from a parking position.
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Link/BW PAPLOC now Claimform 2xPCN's - residential parking - Collingwood Place, Gloucester, GL1 3NA


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UPDATE:

 

So it looks like they are/have proceeded with court action?  Attached is a copy of a letter I got today, I have not yet received the letter which they reference from the County Court Business Centre.

 

I'm guessing not being in receipt of that letter doesn't absolve me of anything since I've received this one.

 

Problem is I don't know what to do now in order to respond.

 

 

 

 

Scan 18 Dec 2020.pdf

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They have issued an actual claim, when the claimform from Northampton Bulk Clearing centre arrives, follow the instructions on this sticky

 

it can be done online and that is best way to deal with it

 

 once it arrives and you have followed the sticky come back here

 

 

We could do with some help from you.

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Thanks I'll give that a thorough read through when I get a chance later today. I called the court and they confirmed the letter had been sent out and to give it a few more days. However they are going to be closed from next week until January 4th. 

 

The problem here is my notice to reply expires on that day and so if I dont get the letter between now and then I won't have the opportunity to respond. The person on the phone explained that he can email me an acknowledgement of service which extends my reply period by 14 days and so I have until the 18th to respond.

 

Does this all sound correct? Because you mentioned that this can be all done online and the person I spoke to didn't advise me of that option. I don't want to lose this on a technicality.

 

Cheers

 

 

Edit: here is a copy of the email from the court.

 

If you are returning your claim response or any claim response forms to the court by email then you MUST state the phrase ‘CLAIM RESPONSE’, together with your claim number, in the subject line of your email. Please note all full admissions must be sent directly to the claimant or their solicitor.

 

Thank you for your enquiry,

 

Please read these notes carefully - they will help you decide what to do next.

 

Court staff can help you complete the reply forms and tell you about court procedures. They cannot give legal advice.

If you need legal advice you should contact a solicitor or the Citizens Advice Bureau immediately.

You must respond to this claim form within 14 days of the date of service. The attached forms may be used for that purpose.

The date of service is taken as 5 days after the issue date.

 

 

If you agree with all of the claim and wish to pay it now

Take or send the money, including any interest and costs, to

the claimant. The address for payment is on the front of the

claim form. You should ensure that the claimant receives the

money within 14 days of the date of service. There is further

information on how to pay below.

 

 

If you agree with all of the claim and are asking for time to pay

Complete the admission form (N9A) and send it directly to the

claimant within 14 days of the date of service. Please see the
address on the front of the claim form to which documents are
to be sent. Do not send a copy to the court.

Filing an admission may result in Judgment being entered

against you.

 

 

If you admit only part of the claim

Complete the admission form (N9A) and the defence form

(N9B) and send them both to the court within 14 days of the

date of service.

 

 

If you disagree with the claim or if you want to make a claim against the claimant (counterclaim)

You must send either the completed acknowledgment of

service form or a defence to the court within 14 days of the

date of service. If you send the acknowledgment of service

you must send a defence to the court to arrive no later than 28

days from the date of service.

 

 

Registration of Judgments

 

If this claim results in a Judgment against you, details will be entered on a public register, the Register of Judgments, Orders and Fines. These details will then be available for credit reference agencies to pass onto credit grantors and others seeking information on your financial standing. This will make it difficult for you to get credit. A list of credit reference agencies is available from the Registry Trust Limited, 173/175 Cleveland Street,

London, W1T 6QR.

 

 

Costs and Interest

 

Additional costs and interest may be added to the amount claimed on the front of the claim form if Judgment is entered against you. If Judgment is for £5,000 or more, or is in respect of a debt which attracts contractual or statutory interest for late payment, the claimant may be entitled to further interest.

 

 How to Pay

 

• payments must be made to the person named in the address for payment box quoting any reference and the court case number.

• do not bring or send payments to the court - they will not be accepted.

• you should allow at least 4 days for your payments to reach the claimant or their representative.

• make sure that you keep records and can account for all payments made. Proof may be required if there is any disagreement. It is not safe to send cash unless you use registered post.

• a leaflet giving further advice about payment can be obtained from any county court.

• if you need any further information you should contact the claimant or the claimant’s representative.

 

Please note: The attached form(s) contains fillable form fields, and the software to complete the form can be downloaded for free from http://get.adobe.com/uk/reader.

 

Please see the attached blank claim response forms.

 

Regards,

 

 

 

 

 

 

Edited by jazzhands111
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you have plenty of time to respond stop panicking.

the fact northants bulk is 'closed' is immaterial to the online portal you will use before 19days expire to do AOS.

 

type in PCN Claimform

in our search top right

lots of like threads to read.

 

don't do anything without checking here 1st please 

 

dx

 

please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

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  • 2 weeks later...

I've had time to familiarise myself with with the process by reading some more threads.

I've acknowledged service via MCOL and

 

below is as @brassneckedadvised I should post.

 

Name of the Claimant ? Link Parking Limited

4 King Square

Bridgwater

Somerset

TA6 3YF

 

Date of issue –  15 DEC 2020

 

Particulars of Claim

 

What is the claim for –

 

1.The Claim is for the sum of £210 being contractual charges due from the Defendant in respect of 2 Parking Charge Notices for contractual breaches which occurred between 16/02/2020 and 17/02/2020 on private land operated and managed by the Claimant in relation to a vehicle with the registration mark (redacted).

 

2.The land is privately owned and the Claimant operates and enforces a parking management scheme.

 

3.The Defendant is believed to be responsible for the vehicle when the contractual breaches occurred.

 

4.Despite demands, charges remain unpaid.

 

The Claim also includes Statutory Interest pursuant to section 69 of the County Courts Act 1984 at a rate of 8% per annum (a daily rate of £0.04) from 16/02/2020 to 14/12/2020 being an amount of £12.

 

The Claimant also claims £120 recovery costs as set out in the Terms and Conditions and in the ATA AoS Code of Practice.

 

What is the total value of the claim? £420
 

Have you received prior notice of a claim being issued pursuant to paragraph 3 of the PAPDC (Pre Action Protocol) ? Yes

 

I'd be interested in filing a counter claim against the company as well for having to spend hours on end researching this nonsense as well as for stamps and envelopes for letters I had to send in response to their demands. I'm not sure if it's possible but at this point I would like to be as petty as I can.

 

As @dx100uksuggested I have not gone any further than acknowledging service, if I have my timeline correct then that gives me until 10th January to file a defence?

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Well done on doing the AOS.

 

I think the sticky you filled in is the wrong one, but that's no problem, ta for the details.

 

Next thing to do is to draft a defence.  In particular do a search in our PPC Successes thread at the top of the page for Residential Parking cases, tweak a defence you think is appropriate and post it up.

 

The thickos are on to a hiding to nothing here, but as they are both stupid and extremely greedy (there are two invoices) they can't see that.  They will when you wipe the floor with them. 

 

After that, further down the line, if you wish, you could go after them for a GDPR breach as revenge, but concentrate on beating this court case first.

We could do with some help from you.

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Posted (edited)

Thanks Dave, I'll get onto working on a defense first thing tomorrow. In the meantime I was wondering if you could clear something up for me?

 

I notice that the court that they've filed in is in Northamptonshire, however I was under the impression that any court action would be local to the defendant. Do I need to request that they move to my local county court (and if so what's the procedure) or am I in for a 4 hour drive?

Edited by jazzhands111
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  • dx100uk changed the title to Link/BW PAPLOC now Claimform 2xPCN's - residential parking - Collingwood Place, Gloucester, GL1 3NA

slow down. 

 

the claim will be transferred to your local court once you stipulate that on the DQ N180 If the claim gets that far.

 

now there are a few things to sort out first..

 

your defence filing date is by 4pm 15th jan and it will be the std 3-5 line defence on just about any PCN claimform thread in this forum or via our search top right.

BUT..

we need to cross I and dot T's here as a couple of things standout from their POC...

 

on private land operated and managed by the Claimant in relation to a vehicle with the registration mark (redacted).

 

thats seems a bit interesting to me ...

 

and

Terms and Conditions and in the ATA AoS Code of Practice.

 

never heard of this either....

 

 

no you dont wish you had paid it...

 

why did you ignore the letter of claim please?

do you still have the ticket?

i suspect this carpark is owned by the railway company so byelaws over rule their silly contract...

if they even have one

...............................


 get a CPR 31:14 request running to the solicitors [if one is not listed send to the claimant]

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 [1 in the count]

please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

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Just to clarify for you, the claim has come from Northampton Bulk Claim Centre, based in St Katherine's House, Northampton, being an administrative office only, not an actual court as you might think of them with benches and chairs.

 

As dx has mentioned, once you have submitted your brief defence, I repeat,  Brief defence, that they send a direction questionnaire. Having filled it in they allocate the claim to the Small Claims track and  also automatically send it to your local court; unless in the directions you have nominated a different court, for reasons of convenience to you, eg near to your place of work if away from home, or for better facilities - disabilities etc. During the pandemic, many hearings are by conference telephone calls

 

it is later in the process if it gets that far, that you give chapter and verse of why the claim is defective in what is known as a Witness Statement, which is why you only submit a Brief defence at this stage - less is more in this context. This forum will help you with this, but bear in mind that it is a self-help forum so you are expected to read other threads to familiarise yourself with the process.

.

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My time as a Police Officer and subsequently time working within the Motor Trade gives me certain insights into the problems that consumers may encounter.

I have no legal qualifications.

If you have found my post helpful, please enhance my reputation by clicking on the Heart. Thank you

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  • 2 weeks later...

Sorry I haven't got back with the defence sooner, other things came up but I still have time to submit and this is what I've come up with after reading other success threads.

Should I go ahead and proceed or do I need to make any changes?

 

Also I have the standard CPR ready to post and I've attached it here.

Is everything OK and should I go ahead with submission and posting?

 

1.  It is denied that any contract was entered into between the Defendant and the Claimant.

 

2.  It is denied that the keeper of the vehicle broke any contract with the claimant on the days in question.

 

3. 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.

 

 

@dx100uk

 

why did you ignore the letter of claim please?

I did not ignore it, I sent the snarky letter in response as suggested.

 

do you still have the ticket?

yes

 

i suspect this carpark is owned by the railway company so byelaws over rule their silly contract...

if they even have one

There is no railway line anywhere near the property so I'm confused as to why you would think that?

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cpr should have gone off the day you got the claimform

get it away today.

 

the last 2 comments were probably not for your thread but another

please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

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The whole point of CPR is to ask them for proof of various permissions, which they then don't produce, which harms their case and helps you, and can even form part of your defence. 

 

You should have sent it off on 18 December when Brassnecked mentioned it, not nearly a month later.  Get it sent today with a free Certificate of Posting from the post office.

We could do with some help from you.

PLEASE HELP US TO KEEP THIS SITE RUNNING EVERY POUND DONATED WILL HELP US TO KEEP HELPING OTHERS

 

 Have we helped you ...?         Please Donate button to the Consumer Action Group

 

If you want advice on your thread please PM me a link to your thread

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Sorry I guess I messed up, I thought I read somewhere to leave that as late as possible to give them as little time to respond. Clearly wrong, does it harm me now? 

 

Is my brief defence ok?

 

Cheers

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Would have been better to have sent it before Christmas, but for now the brief defence is fine, its only if they carry on and it gets to WS stage, any non compliance with CPR c an be used against them.

We could do with some help from you.

PLEASE HELP US TO KEEP THIS SITE RUNNING EVERY POUND DONATED WILL HELP US TO KEEP HELPING OTHERS

 

Have we helped you ...?         Please Donate button to the Consumer Action Group

 

If you want advice on your thread please PM me a link to your thread

 

The bailiff: A 12th Century solution re-branded as Enforcement Agents for the 21st Century to seize and sell debtors goods as before Oh so Dickensian!

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Ok, so I've submitted my brief defence and just been to the post office to send the CPR. Is the ball now in their court and I'm waiting for a reply via MCOL or is there something else I should be doing?

 

Cheers

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yes reading up what is to come and when and writing it down......each stage as ir moves forward.

as you appear to be making far too many schoolboy errors so far and you don't need to screw up further down the line.

there are more than 500 PCN claimform threads here to read

please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

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yes in this forum right up the top click private parking.

please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

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  • 3 weeks later...

UPDATE:

 

So I received a letter from the court acknowledging the defence, it wasn't particularly noteworthy just a boiler plate so didn't make a post about it.

 

Today however I've received a letter dated 01/01/21 from the court and they appear to have allocated it to the small claims track. They have attached form N180 (Directions questionnaire) which needs to be sent back before 18/02/21. Along with this they have sent out some paperwork regarding mediation. I'm guessing we are passed the stage of mediation considering I've already voiced my concerns to both the Claimant and their Solicitor which they have rejected so I should just mark that box as "no" right?

 

It should also be noted that the 14 day period to return my CPR 31 request has also lapsed and I haven't received anything.

 

So just looking for some clarification, at this stage just return the N180 ASAP and then wait again for something to show up? On the cover letter it has some notices I'll type them verbatim here.

 

Take notice that:

1. This is now a defended claim. The defendant has filed a defence, a copy of which is enclosed. (side note no copy was enclosed of my defence)

 

2. It appears that this case is suitable for allocation to the small claims track. If you believe that this track is not the appropriate track for the claim, you must complete box C1 on the Small Claims Directions Questionnaire (Form N180) and explain why.

 

3. You must by 18 February 2021 complete the Small Claims Directions Questionnaire (Form N180) and file it with the court office:

the County Court Business Centre, 4th Floor St Katherine's House, 21-27 St Katherine's Street, Northampton, NN1 2LH

and serve copies on all other parties.

 

For point number 3 does that mean I have to send a copy of this form to both Link Parking and BW legal or just BW legal? Does filing it with the court office just mean sending it back in the post or something else?

 

Just asking for clarification as @dx100uksuggested I was making too many errors and I want to avoid doing that from now on as it's a serious legal matter.

 

Cheers

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It is a good thing for you if they don't respond to your CPR.  Sometimes they do arrive late but more than often it means that they are not compliant with all that has been asked for. So don't ask for it but when you come to do a WS , if you have to, and the CPR has not arrived then you can mention it .

 

For instance you do not believe they have a contract with the land owner, you believe they do not have permission to erect signage or anpr cameras etc.

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