Norwich Traffic Control Ltd PCN Claimform - The Blueberry Music House NR31SY a boarded up pub

[Andreas66]

Hi people

 

Thanks for taking time to review my post. 

 

I received a PCN for using the car park of a pub which, at the time was out of business with the windows boarded up. 

 

Essentially, I was driving by the pub and my wife who was pregnant felt car sick and we had to stop until she got better. 

 

I then received a PCN from a private parking enforcement firm for 120 GBP which I did not reply to. 

 

After several letters from them, they sent me a claim form (I believe this is what we call "they took me to small claims court").

 

I was thinking to defend the charge on the ground that it was reasonable to use an empty car park of a business which was not operating for medical reasons. 

 

Any suggestions would be greatly appreciated.

 

BW

Andreas

[honeybee13]

Hello, welcome to CAG.

 

Could you let us have the information requested in the forum sticky thread please? This will help us to start advising you but we may need other information later.

 

 

Best, HB

 

[Andreas66]

Name of the Claimant : Norwich traffic control limited

 

Claimants Solicitors: Rohan Krishnarao (not sure if solicitor. on the form it says claimant's legal representatitve)

 

Date of issue – 19/11/21

 

Date for AOS - 07.12.2021

 

Date to submit Defence -  21.12.2021

 

What is the claim for – 

 

1.The claim is for the sum of £112.84 being due from the Defendant in respect of a Parking Charge notice (PCN) for a contractual breach which occurred on 16.2.20 in a private car park/land at The Blueberry Music House NR31SY in relation to a (my vehicle details.

 

2.The PCN was issued as the driver failed to comply with the terms and conditions as displayed.

 

3.Despite demands, the charge remains unpaid.

 

4.The claim also includes Statutory Interest pursuant to section 69 of County Courts act 1984 at a rate of 8% per annum ( a daily rate of £0.02) from 16.2.20 being an amount of £12.84.

 

5.The claimant also claims £60 recovery costs as set out in the terms and conditions and in the ATA AoS Code of Practice

 

 

What is the value of the claim?

 

 

Amount Claimed 

court fees 

legal rep fees 

Total Amount 

Amount Claimed    £172.84

court fees     £35

legal rep fees   £50 

Total Amount  £257.84

 

 

Edited November 24, 2021 by dx100uk
dates corrected.

[BazzaS]

Did you get a “Windscreen ticket” on the day?

Did you get a “NoticeToKeeper”, and if so, when was it dated / postmarked / received?

 

have you identified the driver? (If not, don’t!!). If they are pursuing you as the keeper of the vehicle, there are a number of provisions they will have to have met, otherwise you have a defence.

Edited November 24, 2021 by BazzaS

[honeybee13]

I've amended the title of your thread to show the parking company. It's a new name to me and their google reviews aren't good.

 

HB

[Andreas66]

They sent a "Notice to Keeper" within a week. 

 

I never replied to any of their letters, so never identified myself as the driver.

[brassnecked]

Is it near for you, if so can you get pictures of the signs on entry, and in the car park.  Don't drive in there to get them though, see if any cameras up, do you still have the Notice To keeper?

[Andreas66]

It is  relatively close and I can take pictures.

Also, it was in the local media the fact that it closed down in 2019 and there are pictures on the local newspaper with the windows being boarded up.

 

Very stupidly, I threw the notice to keeper away.

[brassnecked]

Pictures would be very helpful, especially the signs by the entrance  and in the car park if you take some post them up as multipage PDF then only logged in and Registered Cagger's can view them.

[dx100uk]

please note your corrected dates for AOS and Defence filing

 

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.

………….
 

there was an earlier question missed..

did you find a ticket on your windscreen (i doubt it as you didnt leave the car - so this sounds like an ANPR camera capture? were there two pictures of in/out times on the NTK you've lost?

 

if so when you go get pictures find those cameras too.

[Andreas66]

There was no ticket on my windscreen. All came by post later on.

 

I completed the acknowledgement of service form. 

[dx100uk]

Mcol website aos section yes?

[Andreas66]

Yes. I completed the online AoS form on the MCOL website, following the links you kindly provided.

[dx100uk]

Good work

what has happened to all the other comms like rhe letter of claim etc. Why have you never received those. You are missing p'haps 6-10 letters from various fleecers?

not moved recently have you and the car was registered at an old address??

 

DXx

[Andreas66]

Their dept collector/ solicitor, BW legal, did send me a letter of claim which I did not reply to (simply I was ignorant of the legal validity of it).

 

I did move house recently, but I also changed my DVLA details straight away and used redirection service of the royal mail. So this shouldn't be a problem.

 

 

 

 

[dx100uk]

Opps ignoring a letter of clam is not a good idea.

 

do not rely upon post redirect.

write to All your debt owners listed on your credit file legally informing them of your correct address.all

 

You must ensure the court has your correct address and ntc.

 

now get reading as many pcn claimform threads here as you can.

get that Cpr running

 

also get up on you local council planning portal, find out if planning exists for their signs piles and cameras.r

 

also go up on land registry gov.uk site and for £3 find out the land owners

 

Dx

 

 

[Andreas66]

I do not have any debts, so I am ok. 

 

Hmm... defending in the small claims court sounds like a time-consuming process. I may not have the time to do all this. 

 

[dx100uk]

You might not need too.

But yes you WILL need to research and get the required background info that could be the whole key to easily winning here without the need to attend cour t

 

but if you hadn't ignored everything, then you wouldn't be in this hole anyway

 

if you cant be bothered then simply pay the £257 now.. No ccj get registered. Your call

 

Dx

[barrowboy]

7 hours ago, honeybee13 said:

I've amended the title of your thread to show the parking company. It's a new name to me and their google reviews aren't good.

 

HB

@honeybee13 Its been around for many years.  Andre Smith a former director tried to set up an appeals firm with some retired police officer Nev Metson back in 2013ish, but he quickly pulled it ( before it really started). Andre now has his fingers in many pies.

Edited November 24, 2021 by barrowboy