Capital Car Park Control Ltd ANPR PCN claimform - residential parking in my own owed space

[Fightagainstfine]

Hi all, 

 

Just looking for advice on how to challenge this shoddy company called Capital Car Park Control Ltd that was brought in by our management company (no longer with us RIP through RTM), which has pursued going through a county court claim.

 

I am the owner of a leasehold property and own a parking bay within the premises.

 

I am not the registered keeper, however, the car is being kept at the property as I am using the car regularly.

 

I had issues registering a permit on their system as my card(s) were getting declined as were other residents' cards. 

 

After emails, they responded to say the only payment method was via Paypal. 

 

Just to note I tried paying for a permit on 26/06/2021 but too late before this company brought the ANPR system into our building.

 

Had several fines but appears they have only charged for one which was issued on 19/06/2021.

 

I would appreciate if anyone could provide a justifiable action against these crooks against my county court claim? 

 

I have attached the following:

 

1. Letter of appeal reply from Capital Car Park Control Ltd 
2. County Court Letter

 

Issue date of the letter was 31 Mar 2022, which I will go ahead and apply for an AOS.

 

Many Thanks

 

 

appeal reply+claimform.pdf

[dx100uk]

Pop back to the homepage of this sub forum you created your post in and fill out the I have got a court claim sticky 

 

One point to note, it is not a fine, it's a speculative invoice, only a magistrate s court can fine anyone 

 

2nd point to note is that if you own the parking space, it's game over for them, supremacy of contract.

 

Dx

[brassnecked]

Fill in the sticky as per DX, and look at your lease Agreement, it likely han't anything about a poxy PPC having the right to invoice you for parking in your bay without a permit.

 

You say that other residents also have been invoiced, Might be worth all formally writing to the managing agents and telling them to get the fleecer's gone.  if its a different Agency to the one that signed a contract with the Fleecer's did the contract bind the new agent or did it lapse and not been  taken on by the new one?  Or Have I the wrong end of the stick?

[Fightagainstfine]

We finally got the right to manage to get the biggest fleecer's out and they didnt give two $%&3 even though we all complained.  Once we got the new managing agent in, we got rid of this company ASAP.

 

Many residents, which include leaseholders and renters are receiving the same letters, though mine is not as bad in terms of monetary requests but at different timelines.  I will need to look through my lease agreement but I am sure it has some generic crap giving the managing agent some sort of right to protect the parking.

 

Thanks

 

Thanks, I will look through the sticky and complete the details. 

[dx100uk]

protect parking maybe but not ticket legit residences with their own spaces.

 

dx

 

 

[brassnecked]

So these are historic invoices from before the fleecer's were sacked by new agents?  Might be mileage in their invoices are invalid as they were invoicing legitimate residents and making the Permit Syastem impossible by not providing them on request.  Just looking for an angle for you to tolchok them for their greed.

Supremacy of Contract might well see them off especially as was dispute with old managing Agent on their introduction.

[lookinforinfo]

This is the questionnaire

Could you please fill it in so we can you give you the advice necessary to avoid paying them a penny.

 

As you said the car isn't yours is the car on lease or hire?

 

They are trying to charge you way over the amount legally due and it could also be said that you suffered from a frustration of contract since they did not tell the residents that payment could only be made via Paypal.

 

[Fightagainstfine]

Afternoon,

 

Yes, I will complete the required details shortly.

 

The car belongs to my father who is the registered keeper however I use it on a regular basis and hence was required to register the car on the capital car portal which included a payment of £5.  We paid the management agent an extortionate amount in service charges, which included the services of these fools, yet still required to pay £5 for a permit for administration fees.

 

Yes, no mention of payment via paypal when the letter was sent by the management agents.  I may try and dig that letter out from my emails to add to this.

[dx100uk]

How is this PCN in your name if you are not the registered keeper??

 

Dx

[brassnecked]

Did the Invoice go to your father, and he outed you as driver, there is much wrong with the previous Agents actions, and the fleecer might well be in hot water if more residents challenge.

[Fightagainstfine]

The first invoice went to my father but I completed the form to say I was the driver and took ownership of the responsibility.  If I didn't my father would have continuously got letters and they would not have issued a permit in order for me to keep the car in my bay.

 

My father has a disabled badge and I own a disabled bay just through the ownership/lease of my flat.  I don't know if that could help from another angle.

[Fightagainstfine]

Which Court have you received the claim from ?

 

County Court Business Centre

St Katharine's House, 21-27 St Katharine's St, Northampton NN1 2LH

 

https://www.moneyclaim.gov.uk/

 

 

Name of the Claimant :

 

Terry SZMIDT T/A CAPITAL CAR

PARK CONTROL

SVS HOUSE

OLIVER GROVE

LONDON, SE25 6EJ

 

Claimants Solicitors:

 

DCB Legal Ltd

Direct House, Greenwood Drive

Runcorn, WA7 1UG

 

Date of issue – 31 MAR 2022

 

Date for AOS - 18/04/2022

 

Date to submit Defence -02/05/2022

 

What is the claim for – 

 

1. The Defendant (D) is indebted to the Claimant (C) for a Parking Charge(s) issued to vehicle xxxx at xxxx.  The PCN details are 19/06/2021 (edited - HB).  

 

2.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).

 

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

 

4. 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 the rate of 8% per annum pursuant to s.69 of the County Courts Act 1984 from the date hereof 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 £180.24

court fees  £35

legal rep fees  £50

Total Amount  £265.24

 

Don’t have the first original dated letter for the breach on 19/06/2021 but provided the same templated letter attached with a different date.

capital parking first letter.pdf

[dx100uk]

claimform date is ONE in the count - please see your corrected dates for AOS/DEF 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.

………….
 

 

 

 

 

 

[brassnecked]

Might be a supremacy of Contract but that's likely for WS stage standard 3 line defence at this stage probably, and as DX says keep an eye on the timetable for submissions.

[Fightagainstfine]

Thanks AOS has been filed.

Drafted the CPR 31.  Can the letter be emailed to the solicitor?

[dx100uk]

as you are a newbie and have not had time to read around we'll let that one slip...

 

you NEVER EVER EVER give these fleecers an email or use email.

 

they'll exploit you and file 1 min before a midnight deadline line with fake statements and documents/material thus removing your chance to rubbish it.

 

dx

 

[Fightagainstfine]

Thanks - I that case I will post the letter off tomorrow morning, 1st class recorded delivery.

[lookinforinfo]

Don't waste your money as sometimes they do not accept mail that has to be signed for. Just get a proof of posting from the post office.

[brassnecked]

With a free proof of posting its considered legally delivered the second working day after posting if First Class.

[Fightagainstfine]

Hi all, juat to inform you that i posted the letter yesterday, which was first class and received a receipt for my posting. 

 

I'll inform you all of any further updates soon. 

 

Thanks and Happy Easter 

[Fightagainstfine]

Attached is the letter from the legal firm where I have merged the pages together.

 

Some interesting points to mention:

 

Post Code

The location of the postcode is different from my postcode however the name of the building is correct.  They have made an error on both forms.  The last alphanumeric letters on the form read 4QA whereas my postcode should be 4EA. Typing the address in google maps brings up a street in a nearby location.

 

PCN Numbers

The PCN number on the county court claim form is totally different from the numbers provided by dcb legal.  Also, dcb legal has provided two PCN numbers whereas the county court form has only one.

 

PCN Date

The date on the county court claim for the PCN is stated as 19/06/2021 whereas on their letter received by dcb legal one is for the 15/07/2021 and 16/07/2021, which by then I had already paid for the permit on the portal.

 

Total Amount Claimed

dcb legal has claimed £340 on their letter which includes PCN(s) and debt recovery costs whereas the county court form has stated an amount totaling £265.24.

 

Thanks

 

DCB LEGAL LETTER 14042022-merged.pdf

 

Hi all,

 

I didn't expect such a speedy reply but received a letter through the post from the legal firm.  I have attached the letter.  It appears that I have been fined twice.

 

[dx100uk]

11 minutes ago, Fightagainstfine said:

PCN Numbers

The PCN number on the county court claim form is totally different from the numbers provided by dcb legal.  Also, dcb legal has provided two PCN numbers whereas the county court form has only one.

 

then these are additional speculative invoices and nothing to do with this court claim one

start a new topic for them please 

[Fightagainstfine]

Great, some more court claims potentially to come.

Apologies as I thought this was a reply to yesterday's letter i sent off.  How silly of me to think that they would reply so quickly.  Too many things in my head to think straight.

 

I will start a new thread.

 

[Fightagainstfine]

Hi all, any advice on the response to defend the claim?  No reply on the CPR 31

[dx100uk]

On 10/04/2022 at 17:29, Fightagainstfine said:

Date to submit Defence -02/05/2022

 

its now the 4th

 

why have you missed you defence filing date??