ParkingEye ANPR PCN PAPLOC Now Claimform - Overstay - Riverside Retail Park, Chelmsford, Victoria Road, Chelmsford, Essex, CM1 1AN

[Reds123]

thanks for that @Nicky Boy . I have been to the courts before and I know what it takes . 

[FTMDave]

So confirmed, no DQ has been sent by the court.

PE are trying one of their slimy, "frightening" tactics.

Ignore the rubbish they've sent.  Wait for the real DQ from the court.

[Reds123]

I should have written sooner to the Retail park owners. I have written to them this morning. Prompt reply by the facilities manager requesting the copy of the PCN . Hopefully they get it down!!! Fingers crossed  

[FTMDave]

Very good move to contact the retail park owners.

However, you're right that you should have done it while this was a simple PCN, now that there is a claim form you can be sure the fleecers will fight like hell to not cancel, because the poor dears have shelved out the enormous sum of £35 to start the claim.  Have a look at the last couple of pages of Reapstar's thread at Goodmayes Hospital.

Good move though. 

[Reds123]

High hopes. So I still have to submit the Directions questionnaire sent by PE as I understand. But I will wait for them to do theirs?  In the meantime if they take it off am lucky.
 

Am I right in understanding the process?

[dx100uk]

nope you ignore it.

wait until mcol claim history shows dq's have been sent out.

2 hours ago, Reds123 said:

thanks for that @Nicky Boy . I have been to the courts before and I know what it takes . 

good you should be able to eat them for breakfast easily then, just dont let any more silly mistakes or slipups occur that they could exploit, as they will do so. there's nothing more intuitive than reading a good 20+ pcn claimform threads,it get you used to what's actually next in the process and what comes after that and how to or not react.

dx

 

[Nicky Boy]

Aww!

You got a like from reds, dx.

You must be mates again...

 

Reds,

dx sometimes comes across as brusque. If you knew how thin he spreads himself around the whole site (and elsewhere), you'd understand that he can only spend so much time on each problem... I am totally in awe of him and others on the forums.

[Reds123]

Seen his previous detailed explanations too. Don’t blame him at all. 

[dx100uk]

its just a tool in my toolbox. if it has the desired effect i'll use it.

people sometimes forget our posts are not just regarding their situation personally at that time.. 10'000 of people read and will read our threads without ever becoming a member and need to understand how important it is to actually do certain things.

we don't, and have never operated, like some other consumer forums or websites, whereby 90% of the information is templated and scripted and not 'alive'.

we personally take the trouble to live type every post with relevant and directed advice.....thats takes a very special and dedicated team of individuals whom are hard to find...The Siteteam.

dx

 

[Nicky Boy]

Not really thought like that... It's a shame we have no idea of how many "browsers" just take the info here, run with it themselves and get a successful outcome. There certainly must be some...

[lookinforinfo]

On post 32 PE responded to your snotty letter . What they failed to say was that the keeper  could not be held liable for the debt because they had screwed up the PCN. In addition the not specifying the parking period  Schedule 4 S9 [2] [a]

(2)The notice must— (a)specify the vehicle, the relevant land on which it was parked and the period of parking to which the notice relates; 

they also got it wrong on Schedule 4 S9 [2] [e]  

(e)state that the creditor does not know both the name of the driver and a current address for service for the driver and invite the keeper—

(i)to pay the unpaid parking charges; or

(ii)if the keeper was not the driver of the vehicle, to notify the creditor of the name of the driver and a current address for service for the driver and to pass the notice on to the driver;

Did their PCN ask you the keeper to pay the debt? No they dd not.

Did they ask you to pass the Notice on to the driver? No they did not. So massive fail.

[Reds123]

Thank you for highlighting those issues. Fab. 
 

my concern is how do I respond if I was asked the driver of the vehicle? Say” no I was not the driver “in courts?

[dx100uk]

that will all become clear as you read and understand things .

what you might ever say in court is related to your disclosures at the disclosure stage by a witness statement, which basically (horrible word!) expands upon the points raised in your defence and responds to the points raised in your witness statement in (hopefully) a reply to theirs and other issues.

you are under no obligation to reveal who was driving, should you know that or not.

it's for the claimant to prove their claim on all points, and as the PCN is non compliant, as LFI points out, that question will never come up.

dx

 

 

[Reds123]

Thanks . Just reading through a few of the threads .

MCOL website - there is an update

DQ filed by claimant 2/10/23 and DQ sent on 2/10/23.

I have now received a Notice of proposed allocation to small claims track which I need to submit by 19/10/23.

I have not sent out a SAR to them .Is it too late to send one ?

Just trying to read up on my next steps which I believe is drafting a witness statement(WS)

In the section "suitability for determination without a hearing "

can I write : if PE is willing to drop the claim , we could settle it out of courts .?

 

PS : I had recently been to the car park , they have now increased parking time to 3 hours !! ( previously 2 hours - my stay was 2 hours 39 minutes)

 

[honeybee13]

Have you had a DQ?

HB

[AndyOrch]

 

[dx100uk]

dont use email. use 1st class stamp get free proof of posting from any po counter, it does not hurt if its a day or 2 late you are a LiP (litigant in person - joe public against the system- you get certain leeway)

https://www.consumeractiongroup.co.uk/topic/347310-legal-n180-directions-questionnaire-small-claims-track-correct-at-sept-2016/#comment-5088148

3 copies

yes to mediation (unless you filed our Statute Barred Defence OR this is a claim for a Private Parking Ticket)

1 wit you

Suitability for determination without a hearing? no (read all the posts in N180 link above for the reason)

the rest is obv

1 to the court

1 to sols (omit phone/sig/email)

1 for your file

 

dx

[Reds123]

He hi , quick reply , Yes I have had a DQ sent earlier . since there were no updates on the MCOL website I was sitting on it.

@dx100uk I understand this is for my DQ?

sure will do . Thanks so much . took me a while to realize PE had sent me a DQ earlier and now the same set again sent by the courts.

[dx100uk]

does the status of the claim on mcol say dq n180 sent to the defendant please?

dx

 

[Reds123]

yes @dx100uk it says" case stay lifted 2/10/23

DQ sent to you 2/10/23 

DQ filed by claimant 2/10/23" so yes I have the DQ from the courts  and I need to go by your thread 76. 

do I do the SAR now ? or too late ?

[honeybee13]

Does the DQ say when you need to send it back by?

HB

[Reds123]

yes it says i need to file it by 19/10/23

[dx100uk]

thankyou

dont use email. use 1st class stamp get free proof of posting from any po counter, it does not hurt if its a day or 2 late you are a LiP (litigant in person - joe public against the system- you get certain leeway)

https://www.consumeractiongroup.co.uk/topic/347310-legal-n180-directions-questionnaire-small-claims-track-correct-at-sept-2016/#comment-5088148

3 copies

yes to mediation (unless you filed our Statute Barred Defence OR this is a claim for a Private Parking Ticket)

1 wit you

Suitability for determination without a hearing? no (read all the posts in N180 link above for the reason)

the rest is obv

1 to the court

1 to sols (omit phone/sig/email)

1 for your file

 

 

dx

 

 

[AndyOrch]

7 minutes ago, Reds123 said:

yes it says i need to file it by 19/10/23

Posted you the link 45 mins ago .....it would be on its way by now

[Reds123]

for section D - Suitability without hearing : can I say "no" and simply put the the reason down as factual disputes - will need to be orally argued?  because 

1) they have not responded to the CPR - Not provided a proof of contract with the owner and PP 

2)PCN was non-complaint 

3)Parking time was not stated on the PCN 

Is this good enough?

and you have asked me not to sign the form - but this form has a space designed for signatures - should I leave it blank ?

sorry silly question . is there a specimen DQ someone has done before anywhere please?

Also am I supposed to be getting PE'S version of DQ?