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

[brassnecked]

If that works there is a good chance of using GDPR against the fleecers for wrongful access to DVLA for details  to hit them for a monkey (£500)  Fact you spoke to DCBL immaterial the data had already been wrongfully obtained as you paid.  See what others reckon about it.

[lookinforinfo]

When you come to do your WS don't forget to claim for £500 for breaching your GDPR. They had no reason to ask DVLA for your details. You had paid. You owed them nothing. It's not your fault that their system and their accounts department is rubbish.

 

Pretty much like Gladstones solicitors which has an account where they place money but they have failed to identify people who have paid money owed  to  clients of Gladstones. The account holds over £100,000 that has been paid to th Gladstones and is just sitting there because Gladstones records are  useless. It presumably doesn't stop them from pursuing some of those unidentified people who have paid. Nice work if you can get it. They are being investigated by their Regulators the SRA. 

Here is the case

https://www.sra.org.uk/consumers/solicitor-check/559050/

 

[PoolerBoy]

Morning all

 

Im about to start the defence on this. Some say the three line defence. Can someone point me in the direction of this please?

 

 

Thanks

[FTMDave]

Scroll down to   Q2) How should I defend?  here  https://www.consumeractiongroup.co.uk/topic/393251-received-a-court-claim-from-a-private-parking-speculative-invoice-how-to-deal-with-it-hereupdated-jun-2021/

 

 

 

[PoolerBoy]

How about this....short and sweet.....

 

The prescribed fee was paid by the driver at the time so no breach of contact has occurred.

 

The defendant has the parking receipt issued via bank statement as the fee was paid using a debit card at the correct pay point and the claimant has known this from the outset.

 

The defendant invites the court to use its management powers to strike out the claim under CPR 3.4 as the claim is vexatious and order a full costs recovery order under CPR 27.12.2(g) should the matter go further"

 

[dx100uk]

Not sure where our 3-5 line generic defence ftmdave pointed you too says that.    

 

Dx

[PoolerBoy]

no, it was something i had already prepared thats all so thought i would offer it up for a test.

[PoolerBoy]

Does this look better? Sorry but I'm a bit struggling here as never done one of these before

 

1.  It is admitted that Defendant Was the recorded keeper of AO16XXX

 

2.   As held by the Upper Tax Tribunal in Vehicle Control Services Limited v HMRC [2012] UKUT 129 (TCC), any contract requires offer and acceptance.  The Claimant was only contracted to provide car park management services and is not capable of entering into a contract with the Defendant on its own account, as the car park is owned by and the terms of entry set by the landowner.  Accordingly, it is denied that the Claimant has authority to bring this claim.  The proper claimant is the landowner

 

3.  It is denied that the Defendant breached any terms and conditions set on private land.

 

4.  It is denied that the Defendant entered into a contract with the Claimant, or broke any such contract.

 

5.  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.

[brassnecked]

That looks OK, its hit them with receipts etc at WS stage, then they can either carry on and get trashed or bail out and discontinueat which point you as Keeper might have GDPR claim agaist them.

[PoolerBoy]

So I submit it like it is yes?

[dx100uk]

On 29/11/2021 at 13:33, PoolerBoy said:

date to submit Defence - 27-12-21

Plenty of time for others to check 

 

dont file early

[PoolerBoy]

Ok, thanks DX. I went a bit quiet so I assume nobody had any other views. 

[PoolerBoy]

Morning all

 

Im going to put my defence in this week as above.

 

I have had a response from DCBL to the CPR which I have uploaded. They also sent a letter of authorisation from MOTO dated Dec last year. They also sent a load of photos for a completely different Service station lol.

 

Can someone pleas have a look and advise me?

 

Thanks

 

 

DCBL Letter Reposnse to CPR Redacted.pdf DCBL Repsonse to Services Authority.pdf.pdf

[lookinforinfo]

DCBL are correct that they will have to provide all the evidence they have in the Witness Statement that will come soon.

The Witness Statement from Moto will not be acceptable in Court should it get that far. There needs to be a proper contract. 

Bit of a non event. I expect the WS will be the usual claptrap designed to mislead the Court. but Judges are not often fooled.

 

[PoolerBoy]

Thanks. Can anyone tell me if my defence is fine to submit please? Also, should I CCa the parking company for paperwork or not?

[dx100uk]

CCA where are you getting that from? THe consumer credit act plays no part in private parking speculative invoice contract claims.

 

your defence is not due till the 27th....as ive already said...above post

 

Dx

[PoolerBoy]

Sorry, I meant SAR. I’m. It not that thick, honest lol. I know it’s due in 6bdays but I don’t want to get caught up in Xmas and miss it. 

[dx100uk]

there is no need to send an sar to anyone.

 

21 hours ago, lookinforinfo said:

DCBL are correct that they will have to provide all the evidence they have in the Witness Statement that will come soon.

The Witness Statement from Moto will not be acceptable in Court should it get that far. There needs to be a proper contract. 

Bit of a non event. I expect the WS will be the usual claptrap designed to mislead the Court. but Judges are not often fooled.

 

 

[FTMDave]

Fellow Site Team member @Andyorch has brought up that it is unreasonable for the PPC to delay suing you for four years in order to add a huge amount of interest to the claim.  Apparently the standard is a year's interest.  So change your (5) to (6) and stick in a new (5), something like -

 

5.  The Claimant's invoice/PCN was issued nearly four years ago and it is unreasonable for the Claimant to delay litigation and claim nearly four years' interest.

 

With that added the defence is good to go.

[PoolerBoy]

Lovely. Thanks Dave. 

[PoolerBoy]

Morning all

 

DCBL have sent me their questionnaire via email. I haven't been asked form the court for mine yet.

 

They state they want it at the claimants home court and I will obviously state at mine. How do they normally decide the location on these thing?

 

Thanks

 

Edited January 18 by PoolerBoy

[FTMDave]

Don't worry, you're a Litigant in Person and your local court will be chosen.

 

It's slightly worrying that you haven't received the DQ from the court, although it may be that DCBL have just downloaded the form and are trying to unsettle you.  Can you please upload what they sent here?

[PoolerBoy]

2 minutes ago, FTMDave said:

Don't worry, you're a Litigant in Person and your local court will be chosen.

 

It's slightly worrying that you haven't received the DQ from the court, although it may be that DCBL have just downloaded the form and are trying to unsettle you.  Can you please upload what they sent here?

What is the best way to redact personal info on the pdf Dave?

[FTMDave]

I used this free software last night for work-related PDFs

 

https://www.sejda.com/pdf-editor

 

[PoolerBoy]

Here you go. Thanks for the software tip!!

CP Plus N180 - Directions questionnaire (Small Claims Track) Redacted.pdf