Highview/DCB(L) Claimform 2016 PCN - Bradford Rd CarPark 2 S6 2BW

[campervancrazy]

Hello

Apologies in advance I’m new to the forums and in a bit of a panic.

 

I have received a claim form N1SDT from the County court business centre on behalf of DCB legal Ltd, For a PCN supposedly issued on the 1st of March 2016.

 

Believe it or not this is the first correspondence I have had regarding this and I’m in a great deal of stress over how to proceed.

There is no photograph of the supposed incident although the location they give is near to where I live l,

 

it is for a car that I do not own any more but did in 2016. 

The particulars of the claim also state that I agreed to pay within 28 days but did not, I don’t understand how I could’ve agreed to pay within 28 days if I did not know about it until now, six years later.

 

The outstanding amount is now £304.26 which includes legal representatives costs of £50 court fee of £35 and the amount claimed £219.26. 

 

I’ve had my fair share of parking fines in the past and I’ve always paid them, as they have been when I am in the wrong.

This is an extortionate amount of money especially to pay in my current position. 

Any help or advice is greatly appreciated thank you.

 

[dx100uk]

it is NOT A FINE.

 

please complete this:

 

 

 

[honeybee13]

Hello, welcome to CAG.

 

I was about to post our standard questionnaire but dx beat me to it.

 

Tell us what you can and we'll help you through this. There's a way to go with the court case and the parking company are by no means guaranteed a win.

 

Best, HB

[campervancrazy]

Which Court have you received the claim from ?

 

MCOL Northampton N1 ?

 

Name of the Claimant :

 

Claimants Solicitors: doesn’t say, just signed by Yasmin Mia

 

Date of issue – 9th Feb 2022

 

Date for AOS - 25th

 

Date to submit Defence - 11th march 

 

What is the claim for – 

 

1. The Defendant(D) is indebted to the Claimant(C) for a parking charge issued to vehicle ***** at Bradfield road Car p

 

2.The PCN details are 01/03/2016,*********

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

 

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

 

5.The contract entitles C to damages.

And the claimant claims 

1.£155 in 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 here off at a daily rate of £0.02 until judgement or sooner payment.

3. Costs and court fees

 

What is the value of the claim?

 

 

Amount Claimed £219.26

court fees £35

legal rep fees £50

Total Amount £304.26

 

My biggest annoyance is I don’t know exactly where this is.

 

If it is the carpark I am thinking of, it is used for parking so long as you are using the local shops. We’ve never stayed longer than the allotted time allowed as we have a child with additional needs who hates shopping (like her mother) and we have to be in and out.

 

As well as this, there is no proof of when I was there or where abouts in the carpark I parked, and 6 years down the line I have no recollection of this.

 

It is around the time we moved house, so the letters may have been sent to the old house but we collected all our old post from the letting agents after changing address on everything we could think of. 

 

 

Claimform.pdf

Edited February 11, 2022 by dx100uk
formatting

[honeybee13]

Right; it's Highview Parking, thank you. We know them well.

 

It would be a good idea to remove the claim reference from your pdf, but thank you for posting it so quickly.

 

Could you tell us the postcode of Bradfield Road please?

 

HB

[campervancrazy]

It’s S6 2BW I believe. Thanks I’ll remove the claim number 

[dx100uk]

Ive done the pdf for you

 

Dx

[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.

………….
 

[campervancrazy]

What exactly is my defence? Apart from the fact this is the first correspondence in 6 years and I have not been sent any proof of the occurrence?  

[dx100uk]

Well that's for later (I've put dates in for you in the sticky reply about).

 

Get my last post objectives done , one of which is a CPR which they don't have to answer, but might help filling in gaps. If not they will have to do so at the disclosures stage 

 

But that won't change your defence, that will be our bland STD generic defence in most PCN claim form threads already here 

 

Dx

[FTMDave]

Almost certainly the correspondence went to your old house.  Are all your details now updated with the DVLA?

[campervancrazy]

Yes everything is updated now. 

 

I have completed the AOS on MCOL.

just writing up the CPR31:14, is it sufficient to email it to them if I can find an email address or would it be better if I mail it to them signed for tracked?

[dx100uk]

You never use or give the fleecers an email

 

Dx

[campervancrazy]

I’ve sent off the CPR31.14 to the solicitors. Not heard anything back yet. 
I’m a bit confused about the defence. Looked at the link that was posted above but it seems to talk about debts and agreements I signed up to. I parked in a free car park, I never got any tickets stuck to the car or letters about what I’m supposed to have done wrong and 6 years down the line I don’t see how I can contest this. I don’t remember what I was doing this time last week let alone 6 years ago. 

Edited February 24, 2022 by campervancrazy

[dx100uk]

Go back to the link in post 2

Click it.

Scroll down to 2, defence.

 

Dx

 

 

 

[lookinforinfo]

When they talk about debts what they mean is that they sent you a speculative invoice that the hope you will pay. It doesn't mean that you owe it, just that they want you to pay.

 

When they send back the answers perhaps from the CPR you sent we all might get an idea of what it was that they think you breached in one of their stupid regulations. Failing that, they will have to send you a Witness statement sometime in the future if they intend to take you to court. They may decide not to especially if there case is so weak but greed is a strong motivator with them.

 

So it rather begs the question-if they had a strong case against you why leave it for almost 6 years. They may be hoping that you will pay now because you do not remember what it was all about and that you have none of their paperwork to remind you. Just relax and they will send you the relevant information from which we should be able to say to them to take a hike.

 

On top of that they will soon be out of time.................................

[dx100uk]

and 6yrs of court interest...which should be challenged