ParkingEye/DCB(L) ANPR PCN no.1. 15/09/2020 - Letter of Claim now Claimform - - Hallsville Quarter, London Basement And Surface

[FTMDave]

It was me who actually brought up "de minimis" so I've changed that bit to their client wittering on about Beavis all the time.  Changes in red.

Also, shouldn't it be the Easter Bunny rather than Santa given the time of year

Invest in two 2nd class stamps on Monday and send the letter both to DCBL and to PE.  Get two free Certificates of Posting.

 

Dear Children,

Re: PCN no.XXXXX

Ah, how delightful it is to receive another one of your attempts at extortion. Your persistence truly is commendable, albeit misguided.

Let's dive right into this lesson, shall we?

Firstly, I must express my sincere gratitude for your contribution to my entertainment fund. Your pennies have been put to excellent use in providing me with endless chuckles. However, your belief that I owe you anything beyond that is as laughable as it is absurd.

Now, onto your client's feeble attempt at legal jargon. Beavis, Beavis, Beavis. How quaint. It seems they've stumbled upon a legal term like a toddler discovering their toes for the first time. But fear not, my dear thickos, for the judge will surely educate them on its meaning when they inevitably find themselves in a courtroom. Oh, what a spectacle that will be!

And as for your fantasies of me funding lavish vacations through your unreasonable costs orders, well, let's just say I'll be sure to send you a postcard from my beachfront villa in the Mediterranean. Your unwitting generosity truly knows no bounds.

In conclusion, allow me to offer my sincerest wishes: may this be the last we hear from each other. Your persistent incompetence has provided me with enough entertainment for a lifetime.

With the warmest regards (not really),

Santa

COPIED TO PARKING EYE LTD

[Karalius]

Thanks Dave, you are correct it was you, and much appreciated for changes! HaHa, indeed it's almost Easter, I will change that and send it off tomorrow! :))) 

[lookinforinfo]

At long last we have both the front and back of the same PCN.

So we have a PCN that does not comply with PoFA because of PE not asking the keeper to pay the PCN. In addition they have failed to specify the period of parkin since  the ANPR cameras only show the arrival and departure times of vehicles which obviously cannot include the driving to a parking spot and later driving from that parking spot .

On top of that with no planning permission that is three strikes against PE and yet they have the effrontery to take motorists to Court  for some minor infringement that PE themselves made up and most car parks manag perfctly well wothout these sharks.

As I said in a previous post PE now cannot transfer the charge from the driver to the keeper so do not divulge who was driving and they will have a very hard job to win should it go to Court.

[FTMDave]

Threads merged.

New title reinstated.

[Karalius]

Hello,

Lookinforinfo - Thank you for the detailed breakdown and advice. It's much appreciated. 

FTMDAVE - I wanted to inform you that I've sent the assertive letters to both PE & DCBL via first-class post and obtained a proof of postage receipt.

Thanks

[Karalius]

Hi, FYI I have received a letter from Parking Eye after sending the funny letter to them. For some reason I do not get an option to upload any files anymore. Can someone please help? 

[dx100uk]

choose files at the bottom of every msg box

dx

[Karalius]

I found my storage was fully, I have deleted some documents to free up space. Here's the letter now. Thanks

Parking Eye response 15-09-2020.pdf

[FTMDave]

How absolutely stupid of them.  They haven't even read your letter properly.

Just ignore it.  You've told them to do their worst.

 

[lookinforinfo]

Oh c'mon Dave what is the matter with you?  Did you really think that PE could read or understand the letter?

[Nicky Boy]

And, of course you can keep writing to PE. No point at all in writing to a toothless DCA.

[brassnecked]

DCBL are just a DCA in this and the Bailiff part is not applicable.

[Karalius]

Hello everyone,

I hope this message finds you well. Unfortunately, I've received a claim form from the Court this morning, and I've attached the documentation for your reference. I'm reaching out for some guidance on how to proceed in this situation.

It seems that I'll need to prepare a defence, but I'm feeling a bit uncertain about the process since I haven't had experience with it before. If anyone could offer some advice or assistance on how to move forward, I would greatly appreciate it.

Thank you in advance. 

 

Parking Eye - Claim Form - 15-09-2020.pdf

[honeybee13]

Hi.

Could you post up the questions and your answers in the forum sticky please? This will help us to advise.

Also you need to read the part of the sticky on what to do next on MCOL.

HB

 

[Karalius]

Hi,

Please see below and I will read on the sticky as advised in the meantime. 

Which Court have you received the claim from: MCOL Northampton N1

Name of the Claimant : Parking Eye LTD, 40 Eaton Avenue, Buckshaw Village, Lancashire, PR7 7NA          

Claimants Solicitors: DCB Legal LTD, Direct House, Greenwood drive, WA7 1UG 

Date of issue: 27/03/2024 

Date for AOS: 12/04/2024 

Date to submit Defence: 26/04/2024

What is the claim for: 
1) The defendant (D) is indebted to the Claimant (C) for a parking charge(s) issued to vehicle **** *** at Hallsville Quarter, London Basement and Surface. 

2) The PCN(s) were issued on 15/09/2020. 

3) The defendant is pursued as the driver of the vehicle for breach of the terms on the signs (the contract). Reason: Vehicle remained on private property in the breach of the prominently displayed terms and conditions. 

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 £.03 until judgement or sooner payment. 3 Costs and court fees

What is the value of the claim: £170

Amount Claimed: £220.36

court fees: £35

legal rep fees: £50

Total Amount: £305.36

Have you moved since the issuance of the PCN: No

Did you receive a letter of Claim With A reply Pack wanting I&E etc about 1mth before the claimform: Yes - 26/01/2024 - not replied

[brassnecked]

It will likely be use the basic 3 or 4 line defence on MCOL, two points to note they are trying the old  either or  contention off Driver or keeper again, has to be one or the other

If Keeper they can only sue for the original amount so the  extra £70 they class as Damages not applicable.  Anyway the other's will be along soon.

PE's favourite case Beavis should work against them if suing Keeper.

 

[FTMDave]

If you read through this short thread you'll see every stage of the legal process  https://www.consumeractiongroup.co.uk/topic/406892-highview-parking-anpr-pcn-claimform-urban-exchange-manchester-claim-dismissed/#comments

The important first steps are to do Acknowledgement of Service and also send a CPR request.

I see PE have messed up by sending you a LoC for £100 but then suing for £170.

 

Edited April 2 by FTMDave
Sorting out my capital letters!

[dx100uk]

please note your corrected dates for AOS and defence filing...

 

pop up on the bulk court website detailed on the claimform.
[if it is not working return after the w/end or the next day if week time]
.
When you select ‘Register’, you will be taken to a screen titled ‘Sign in using Government Gateway’. 
Choose ‘Create sign in details’ to register for the first time. 
You will be asked to provide your name, email address, set a password and a memorable recovery word.

You will be emailed your Government Gateway 12-digit User ID. 
You should make a note of your memorable word, or password as these are not included in the email.<<**IMPORTANT**

 then log in to the bulk court 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
 you DO NOT file a defence at this time
[BUT you MUST file a defence regardless by day 33 ]
click thru to the end
confirm and exit the website

.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.

[Karalius]

Thank you. I'll review the thread and initiate the AOS process accordingly. I'm encountering some trouble logging into the claim portal. It keeps indicating that either the claim number or password is incorrect. Currently, I'm on hold with the court to resolve this issue.

A quick query regarding the CPR request: Should it be directed to DCB Legal? If so, I'll ensure to dispatch it today.

Appreciate your support.

[dx100uk]

read the guide!!

dx

 

[Karalius]

Sorry DX.. I have sent CPR request off to solicitors just now.

Been holding on the phone for almost an hour now to recover the claim password, not getting through to MCOL for some reason and cannot log in to acknowledge the claim...

Should AOS via the form provided perhaps?

If not I will keep trying until they close at 5pm today.

[dx100uk]

they close at 4pm. but leave it 

try AOS again tomorrow.

not rush you have till the 12th.

stop panicking take things SLOWLY and read things carefully.

hope you didn't use email for that CPR??

dx

[Karalius]

I will try again tomorrow, thanks.

No, I have sent it first class and got a receipt of postage from the counter. 

[dx100uk]

was worried there.

dont forget until today mcol has not been manned since 4pm thursday.

they ALWAYS have issues over the w/end and always take atleast a good few days over these bank holiday extended w/ends to sort the backlog out. as the phones are really hot for days.

leave it till end of week if not tuesday next week.

dont keep trying as it'll just lock you out.

not due till the 12th and even then it can be emailed. not an issue...for a LiP.

dx

 

[Karalius]

Hi Dx,

I've managed to reach out to the money claims team.

I may have inadvertently logged into the claims system yesterday but accidentally closed the browser afterwards.

Unfortunately, the system only allows one login attempt with the provided code.

They've recommended that I submit the Acknowledgment of Service (AOS) via email, attaching the filled-out form to the message.

I'm just about to proceed with this, but I want to ensure that everything I've filled out is accurate.

Would you mind reviewing it and giving me the go-ahead to send it off?

Thanks a bunch

AOS - 03-04-2024.pdf