Park Watch - Lease Car ANPR PCN Claimform - No Waiting - CROSSGATES SHOPPING CENTRE-CENTRE MANAGEMENT SUITE, LEEDS LS15 8ET *** Claim Dismissed***

[ShadesVFR]

Which Court have you received the claim from- Northampton

 

Name of the Claimant :Defence Systems Ltd

 

Claimants Solicitors: Gladstones

 

Date of issue – 05 May 22

 

Date for AOS -Submitted 10th May

 

Date to submit Defence -7th June 22

 

What is the claim for -

 

1.The driver of the vehicle with registration ******** parked in breach of the terms of parking stipulated on the signage (the contract) at CROSSGATES SHOPPING CENTRE-CENTRE MANAGEMENT SUITE, LEEDS LS15 8ET, on 02/03/2018 thus incurring the parking charge (the PCN).

 

2. The PCN was not paid within 28 days of issue. The claimant claims the unpaid PCN from the defendant as the driver/keeper of the vehicle.

 

3.Despite demands being made , the defendant has failed to settle their outstanding liability.

 

4. The claimant claims:

£100 for the PCN,

£70 for contractual costs pursuant to the contract and PCN terms and conditions,

 

together with statutory interest of £55.80 pursuant to s69 of the County Courts act 1984 at 8% per annum, continuing at £0.04 per day.

 

 

What is the value of the claim? £310.80

 

 

Amount Claimed £225.80

court fees £35.00

legal rep fees £50

Total Amount £310.80

 

A brief summary of what happened.

 

The Driver stopped in the car for 5 minutes in a loading area, while my daughter went to the bank. they didn't see any signs and waited in the car to move it should that be required. I have attached a photo of the sign, which is the only signage available.

 

sign.pdf.pdf

Claimform.pdf

[dx100uk]

Where are all the others letters etc from day one like the loc,   prior to the court claim, do you have them?

 

 

[ShadesVFR]

I only have the LBC having binned all previous correspondence from them. 

[lookinforinfo]

Did you appeal before the court claim and what did you say in your AOS please.

 

They are stronging it waiting four years then asking for £225.80 when the maximum they can charge on is £100.

 

It.s not a good idea to throw away all the info. from them as we would have able to give you faster help on your PCN. We will still get the info from their Witness Statement but not till later.

 

 

[ShadesVFR]

I haven't acknowledged any of their letters until this one, where I have gone on MCOL and acknowledged receipt and got the extra 14 days, stating someone else was as the actual driver therefore defendant.

 

I honestly did not expect this after 4 years, so the letters were binned in a spring cleaning exercise. C'est la vie

[brassnecked]

They still might go after you as they might say you had ample time to name the Driver, in which case they likely cut their own throat as you  have said someone else was the driver.  Of course they might pull the case and go after them, but all is not lost whatever they do.

 

Gladstones are not the most competent solicitors out there.

[FTMDave]

I'm confused by your last post.

 

Who are Defence Systems suing, you or your wife?

 

 

[brassnecked]

Looks like put in defence of someone else was the driver to MCOL on the AOS is that correct shades?

 

[ShadesVFR]

Brassnecked, that's correct.  I was the registered keeper of the vehicle, but someone else was driving at the time.

[brassnecked]

So you have done AOS and put in a defence that you were not the driver, someone else was?

 

[ShadesVFR]

Yes. Just to buy extra time to get a proper defence together, dependant on what they do next.

[dx100uk]

urm you cant change a defence once filed.

 

where did you put someone else was the driver ...you cant do that on the AOS section

so you clicked on defence too and said what 

 

confused . com.

 

what you should have done was this:

 

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]

Please tell us exactly what you did, so we can be absolutely clear what the situation is and what can be done going forward.

 

[dx100uk]

simple answer is to go up on MCOL and copy the complete status of claim page

and post it here please

 

dx

 

[ShadesVFR]

I already have a Government Gateway account. I filled out the AOS with my wife as defendant, . See the file

 

Redacted AOS.pdf

[brassnecked]

Not done yourself any favours with that

[ShadesVFR]

I see that now. So how do I go forward with this ?

[brassnecked]

let a few more Team member's   have a look then something can be suggested.

[lee19921992]

i would be interested to know for my knowledge, how one gets out of this once submitted. 

Edited May 11, 2022 by lee19921992

[dx100uk]

Thats the form that came with the claimform pack.

when did you post that off?

 

what does mcol status say please?

 

Dx

[brassnecked]

yes is that what you entered on the online gateway?  could you screenshot an post what the status is showing as as DX asked please?

 

 

As they were suing you apparently as Keeper the extra £70 unicorn feed tax would be double recovery and falls foul of the guidelines coming in, but if you could do as asked regarding MCOL the team can move things forward.

[ShadesVFR]

The file I posted is a pdf from MCOL. I haven't filled anything physical in and posted it. I will screenshot and post the status asap.

[dx100uk]

lets have the status.

 

but as far as i can see all you have done is changed the defendants details.

you've not, thus admitted who was driving 

[AndyOrch]

You cant change details of a claim form...it must be defended as the defendants name on the claim form.

[ShadesVFR]

..

 

MCOL Status.pdf