CP+/DCB(L) PCN Claimform - Services Roadchef Magor - but i paid! ***Claim Discontinued***

[PoolerBoy]

I have just received the above from Dec 2017. I actually paid for parking a local Service area and have the bank statement with it coming out. I've never dealt with one of these before so any advice would be good. 

 

Thanks Guys

[BankFodder]

Well how about some detail about who what where when why how much… Blah blah blah?

[PoolerBoy]

OK....

 

Parking at Services Area in South Wales on 31-12-17

I paid £14 to park for 24 hours via my debit card and it shows on my bank statement.

Now Claiming  £225.00, court fee of £35, legal costs of £50 total £310

They say I agreed to pay in £28 days....no chance did I because I don't owe anything.

 

 

[FTMDave]

Please fill in the forum sticky.

 

Did the fleecers sent you a Letter of Claim or similar?

 

Well done on keeping proof that you paid.

 

 

[PoolerBoy]

No, only the usual threats. I didn't get the initial letter of illegal parking until February 2018 either. I spoke to DCBL on the phone and they have that "As seen on Cant Pay, we'll take it away" on their letters. I rang them and told them to send the fat ginger one as I quite liked him lol.

[PoolerBoy]

Name of the Claimant : CP Plus Ltd T/A GroupNexus

 

Claimants Solicitors: DCBL

 

Date of issue – 25-11-21

 

Date for AOS - 13-12-21

 

Date to submit Defence - 27-12-21

 

What is the claim for –

Particulars of Claim

1 . The Defendant(D) is indebted to the Claimant (C) for a Parking Charge(s) issued to vehicle XXXXXXX at Roadchef Magor

2. The PCN details are 31/12/2017 XXXXXXXXXXXXX

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. £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 £O.02 until judgment or sooner payment.
3. Costs and court fees

 

 

**IMPORTANT** WE NEED TO SEE THE FULL POC MINUS YOUR PERS DETAILS>> NOT AN ABRIDGED VERSION**THIS MUST INCLUDE THE LOCATION

 

What is the value of the claim?

 

 

Amount Claimed £225

court fees £35

legal rep fees £50

Total Amount £310

[FTMDave]

Thanks.

 

It seems their invoice was way out of time to establish keeper liability.  This on top of the fact you paid.

 

What idiots DCBL are.  The only way you could get bailiffs is if they won the court claim and you defied the court and still didn't pay. 

 

Can you upload the original PCN so we can pick more holes in it?

[PoolerBoy]

Nah, I shredded em as they came in. Im doing a CPR31:14 on them so they need to send everything to me yes?

[FTMDave]

You don't mess around, do you?

 

Yep, CPR should so the trick.

[PoolerBoy]

No I don't. This is case number 7 for me now for myself and family using advice on here and I've won every one so far. These clowns are all thick as the proverbial. I've never fought one of these so not sure on actual process that's all. I don't send a CAA as there is no agreement so I'm assuming olny a 31:14 to DCBL not CP Plus?

[FTMDave]

Only the CPR.  On the claimform there should be "Address for sending documents and payments".  Send the CPR there.  i presume it'll be DCBL's address.

 

 

[PoolerBoy]

Yep, that's it. Thanks Dave.

[lookinforinfo]

I've only had to deal with 6 over the years. Two have been cancelled and the others are spread out over four or five years. But I have kept all their paperwork so that I can pull them over their PCNs should they try and push matters. It is surprising how often the poor dears get their paperwork wrong which halts them in their tracks. They might have had a few flaws in your PCNs which would mean that you have nothing to worry about any impending court cases.

 

Of course you should get them when you receive their Witness Statement plus you also get to see their contract with the landowner which can also sometimes work in your favour. 

 

As a matter of interest are they pursuing you for not paying, not paying the correct amount or some other alleged  breach? Have you appealed this PCN and did you reveal you were the driver?

[PoolerBoy]

Pursuing me for not paying, I didn't owe it in the first place, I haven't revealed anything to them. I didn't appeal because I could not be arsed with them wasting my time.

Edited November 29, 2021 by PoolerBoy

[FTMDave]

Well done on not appealing.

 

I'm bemused as to why the idiots think you owe this money.  Did you have to input a registration number by any chance? 

[PoolerBoy]

I paid via WH Smith in the services. I have done this at that location on numerous occasions. they enter the details not me.

[dx100uk]

Put up the full location please.

 

youve not shown it in the poc, when asked to do so.

[PoolerBoy]

I cant see how to edit it... it was Roadchef Magor

[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.

………….
 

[lookinforinfo]

You can pay at these places and still fall foul of these parking companies if you breach their T&CS. Do you remember why their PCN said you owed them money? 

If you paid via WH Smith did you check that their payment from them went through?

[PoolerBoy]

Payment is on my bank account. They just said I parked without paying. 

[dx100uk]

great news there

you'll win this hands down then.

 

make sure you get all i indicated in my last post done please

[brassnecked]

Would the 3 line defence be Ok, or should the fact receipt for payment was and is available be included risking them making some other breach up or  best left for WS, as likely GDPR claim against them somewhere later?

[FTMDave]

I remember this case  https://www.consumeractiongroup.co.uk/topic/419485-excelbwelms-anpr-pcn-paploc-now-claimform-but-i-paid-providince-st-wakefield-wf1-3bg-claim-dismissed/#comments  where the judge picked up that the OP had a receipt and chucked the claim in the bin without a hearing, so it might be worth changing from the usual short defence.

 

Let's see what the others think.

 

[dx100uk]