Capital Car Park/DCBL claimform - Chandlers Avenue, Barge Walk, Greenwich Peninsula SE10 0PE

[chinoky]

Hello all,

 

Please can anyone help me? I am desperate for any advice for a parking ticket claim on private property.

The claimant is Capital car park LTD and they have sent me a claim form from the county court for £800.

 

I ignored a few letters and now i got this through the post.

 

In the 'particulars of claim', they said i agreed to pay within 28 days but did not'. This is absolutely not true as i have NEVER contacted them.

 

What i the next step i should take? I am currently on furlough and I'm struggling badly with overheads as it is.

 

I would appreciate any help given. Thank you in advance.

 

 

 

[honeybee13]

Hi. You're in the right place, we'll help you with this.

 

Please can you let us have the details requested in the forum sticky and we can take it from there.

 

 

HB

[chinoky]

Thank you so much for your response. It gives me hope.

 

I have completed the form in the sticky and logged into MCOL just now and logged the AoS. I hope i have followed the steps correctly.

 

Name of the Claimant : Capital Car Park Control LTD, SVS House, Olivier Grove, London SE25 6EJ

 

Claimants Solicitors: DCB Legal LTD, Direct House, Greenwood Drive, Runcorn, WA7 1UG.

 

Date of issue – 06 Nov 2020

 

 

Date to submit Defence - 8 dec

 

What is the claim for –

 

1.The defendant (D) is indebted to the claimant © for a parking charge(s) issued to vehicle ********* at Greenwich peninsula, Chandlers Avenue, Greenwich peninsula SE100PE. (repeated 3 times)

 

2. The PCN details are 22/12/2018, 51884, 15/12/2018, 51585, 15/12/2018 51585.(repeated 3 times)

 

3. The PCN(s) was issued on private land owned or managed by C. The vehicle was parked in breach of the terms on Cs signs (the contract), thus incurring the PCN(s).

 

4. The driver agreed to pay within 28 days but did not. D is liable as the driver or keeper.

Despite requests, the PCN(s) is outstanding. The contract entitles C to damages. 

 

AND THE CLAIMANT CLAIMS.

1. £510 being the total of the pcn 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 a daily rate of 11p until the judgement or sooner

3. payment costs and court fees.

 

Amount Claimed £584.93

court fees £60

legal rep fees £70

Total Amount £714.89

 

 

 

 

 

[FTMDave]

Well done on filling in the sticky plus registering on MCOL and doing the AOS so quickly.

 

An immediate point in your favour is that they "should" be suing you for around £400 but have massively inflated the sum, and courts don't like that.

 

Where you've written "15/12/2018, 51585, 15/12/2018 51585" is it a typo, or have they really quoted the same PCN twice?

 

Can you give us some more details, as in what do these fleecers think you did wrong in that car park?

 

[Gick]

A couple of points, you appear to have typed one of the dates incorrectly... Date of issue – 06 Nov 2020  .......

Date for AOS - 07 Nov 2020. Date to submit Defence - 21 Nov 2020

The date for acknowledgement is usually 14 days after date of issue and defence 28 days after issue (if acknowledged in time.).  Please confirm which is correct.4. The driver agreed to pay within 28 days but did not.

This is simply an assertion that you failed to comply with a condition on their signage which they claim created a contract that you breached. Nothing at all to do with your contacting them. 

It is good that you have NOT contacted them, as often a defendant unwittingly loses protection by revealing themselves as the driver. 

[dx100uk]

Just scan to one multipage  pdf all the letters prior to the court N1 youve got please

read our upload guide carefully.

 

Defence not due till the 9th.

 

you need to get our pcn cpr31:14 running to gladdy's ..look in any other pcn claimform thread here

 

Dx

[chinoky]

Afternoon all,

 

They really did state 15/12/2018, 51585, 15/12/2018 51585 twice on the PoC. Maybe a mistake on their end. We parked by some new build flats. We didn't see any signage.

 

I think I entered the wrong dates. Sorry, very new to these county court claims.

The Date for AOS - 07 Nov 2020. (this was the date that i logged onto the MCOL and did the AoS.

and then added 14 days.

Date to submit Defence - 21 Nov 2020

 

I will read up today and hopefully get a better understanding of the process.

 

Thank you again for your wonderful help and guidance.

 

[dx100uk]

you have a total of 33 days from the date top right on the claimform to submit your defence = 8th december

do not file early. post it up here FIRST.

do NOT wait for a reply from the below

you must NOT miss the 8th december deadline .

 

get this ready to post tomorrow:

 

 

scan everything you have received to date (bothsides) (not the claimform pack though)

and pop it into ONE multipage PDF please

read our upload guide carefully

[chinoky]

I will get the CPR 31.14 letter out first thing tomorrow morning.

 

And afterwards I upload all the county court claim forms (in a single PDF) on here?

Thanks for your help.

 

[lookinforinfo]

The CPR 31.14 should be sent to DCBL in this case not Gladstones [one of the other usual suspects].

Do not tell them that they are overcharging let the Judge do that if it ever gets that far.

The more things that for which they get the claim wrong, the better it is for you. 

 

Do not worry about  payments as normally they make several mistakes that mean they cannot form a contract with motorists. No contract means you owe nothing.

 

If you still have any of those PCNs could you please post it up on here after deleting your name, address and reg. number so that we can see where they went wrong. 

 

If you live near to the carpark, could you also get legible photos of

the sign at the entrance,

the signs throughout the car park, especially any that say different things from others

and if there is a payment meter, the T&Cs on it.

[dx100uk]

26 minutes ago, chinoky said:

I will get the CPR 31.14 letter out first thing tomorrow morning.

 

And afterwards I upload all the county court claim forms (in a single PDF) on here?

Thanks for your help.

 

 

please read my post carefully

we do NOT need anything regarding the court claim

we need everything you got BEFORE that date.

[chinoky]

Hi all,

 

I sent back the CPR 31.14 letter to DCBL today. 

 

I had a look everywhere and still cannot find these darn PCN letters. I think I've binned them.

 

I will take some photos this week of the street and street signs.

 

 

[brassnecked]

Any of the pcns or letters as DX says prior to them issuing a claim  posted up as PDF woulkd be useful.  The fact they are asking for £800, means they could if they got Judgment allow DCBL to elevate to High Court and attend as the can't Pay guys.

[chinoky]

Hi again,

 

Sorry for the late post. I've spent all day checking everywhere for these letters. I only managed to find 3 letters from a whatsapp photo folder (attached). Apologies thats all i could find in a whole day of digging around.

What should be my next step?

 

Thank you all!

 

 

 

 

 

 

20201109_232759.pdf

[FTMDave]

Thanks for posting the letters up.

 

Unfortunately they are only cut & paste letters from powerless DCAs.  We still don't know what Capital Car Park reckon you did wrong in "their" car park.  Bear with us.

 

However, to note for the future.  There's no-one on this site who hasn't made mistakes in legal disputes.  I for one had done many times and in particular regarding DCAs before I found the site.  The site is all about sharing info and empowering each other.  Chucking away letters when you are in legal dispute is not a good idea.  What is done is done but in future keep all correspondence when it could lead to legal action.

[dx100uk]

On 08/11/2020 at 13:27, dx100uk said:

you have a total of 33 days from the date top right on the claimform to submit your defence = 8th december

do not file early. post it up here FIRST.

do NOT wait for a reply from the below

you must NOT miss the 8th december deadline .

 

is next ^^^^^^

 

urm.. is this not par chance port of london authority land and covered by their own set of byelaws......

[FTMDave]

Great digging dx!

 

I had a look on Google Maps and there seemed to be Pay & Display places in the street.  If chinoky could go back and get pix of the signs that would help a lot.

 

Hilarious that they've sued for the same PCN twice.  Too bone idle to even check their roboclaims.  I'm sure the judge will be impressed (not!)

 

 

[FTMDave]

chinoky, the claimforms are standard, so we don't need to see yours, but could you type up the mathematics of how the crooks have made two PCNs (£200) + £50 legal costs + £25 filing fee ... somehow come to over £800?

 

Judges don't like this sort of thing, the PPC are taking the Michael and hope you don't know the law and will cough up, but when you do fight back invariably they get a right, good kicking in court.

[dx100uk]

three PCN's not 2

 

£170*3=£510

 

annual interest @8% = £40.80*2 = £81.60

 

£800- £591.60 = £208.40

 

can't see court fees being £208 to raise a claim.

 

against the earlier and usual advice of not ever scanning up the front page of the claimform....

could you please do so

 

insure you blank out your password in the info box too as well as most people leave it showing.

 

 

[chinoky]

Good morning everyone,

 

I've scanned the front page of the claim form and crossed off the password. 

I will go there today and take pictures of the signs and streets. It is a pay and display street, my partner told me a car park but she meant parking bay.

I think the original fine was £100 which is reduced to £50 if paid within 14 days but will confirm later today.

 

Thank you everyone.

 

IMG-20201110-WA0002.pdf

 

I left the amount on the claim form as the whole number I stated earlier with the lack of letter is throwing everyone off:(

 

 

[brassnecked]

Its sufficiently over the magic £600 to make DCBL very interested in winning this one

Did you appeal the invoices, at all, and are they suing you  as keeper rather than driver, if so the charges of £70 DCBLadded are abuse of process as per the OPS lost case at Lewes County Court.

[dx100uk]

4 hours ago, chinoky said:

I think the original fine was £100

it is NOT a fine

[FTMDave]

I've seen some rubbish claim forms, but this one takes the biscuit.  No attempt at keeper liability, the same PCN included twice (!!!), massively inflated claim, etc.  They probably think they're being clever by going after you for £700+, doubt they'll be so smug once you defend and they realise a judge will be having a look at their tripe.

 

Next steps

   - draft a defence and post it up (if you look at the PPC Successes thread at the top of the page, there will be plenty of threads with "claimform" in the title)

   - get photos of the signage

   - dx reckons this is a bye-laws area, this definitely needs to be looked into.

 

 

 

 

[chinoky]

Afternoon all,

 

I just got home from the area and took some photos. Its a bit of a trek. I stopped on the main road and quickly took photos as there were CCTV everywhere and didn't want to stop in the bays.

 

Just to confirm, we have had no contact whatsoever with the car park management or their legal team. Never responded at all.

 

I will read through some threads and hopefully get an idea on how to start a draft defence.

 

Thank you all. This stress has been immense. It feels nice knowing i have people on my side.

IMG-20201110-WA0022.pdf

[dx100uk]

you need to confirm the whole area is owned by the port of london authority and that their own bylaws cover the area.

 

you upload is not working 

try it again please

 

dx