CEL ANPR PCN PAPLOC now claimform - Morrisons, Butterfly Walk Car Park Denmark Hill Camberwell, London SE5 8RW***Claim Dismissed***

[FTMDave]

If you're still awake follow the instructions on the form and do Acknowledgement of Service - now.

 

 

If you don't you will lose by default (in normal times, but the delay is presumably due to industrial action with Royal Mail, however you have no proof of that so if you can do AoS do so).

[dx100uk]

please complete this:

 

 

dx

 

[StoryBoard]

I am completing the form online.

 

Questions:

 

1. Do I fill it in asking to defend all of this claim or defend part of this claim

 

2. Assume I do NOT intend to contest jurisdiction and leave unticked.

[dx100uk]

stop rushing!!!

 

complete my last post and we will advise correctly.

 

dx

 

[StoryBoard]

Hi, will stop rushing. Didn't know I was.  I have therefore not completed the AoS. Didn't see your post, just the previous one from FTMDave.

 

Info below...

 

Which Court have you received the claim from ?

 

MCOL County Court Business Centre, Northampton NN1

 

Name of the Claimant : Civil Enforcement Limited, Horton House, Exchange Flags, Liverpool L2 3PF

 

Claimants Solicitors: (if one is stated) None but signed by S Wilson, Head of Legal (Claimant's Legal Representative)

 

Date of issue – 19th Oct 22

 

Date for AOS -  4th November 22. I received the letter on 9th November 

 

Date to submit Defence -   18th November 4pm.

 

What is the claim for – 

 

1. Claim for money relating to a Parking Charge for breach of contract terms/conditions(TCs) for parking in private car park (CP) managed by Claimant. Drivers may only park pursuant to TCs of use displayed in CP and agreed upon entry/parking. ANPR cameras or manual patrols monitor vehicles entering/exiting the CP and TC breaches.

Charges of GPP 170 claimed. 

Violation date: redacted

Payment due date: redacted

Time in: redacted Time out: redacted

PCN: redacted

Vehicle reg mark: redacted

Car Park: Butterfly Walk

 

Total due GBP170

 

The Claimant claims the sum of GBP £190 for the unpaid parking charge inc GBP20 interest under S.69 of the CCA 1984 

Rate: 8% pa from due date to 18/10/22

Same rate to Judgment or sooner payment at daily rate of GBP0.04.

Total debt and interest due GBP190

 

What is the value of the claim?

 

 

Amount Claimed 190

court fees 35

legal rep fees 50

Total Amount 275

 

 

[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.

………….
 

[brassnecked]

Get it done today, the AOS is already late, but as mentioned the mail strikes might give leeway, but the clock is ticking.

[StoryBoard]

AOS submitted today, unfortunately after 4pm.

 

I will work on the solicitor letter. Thank you.

I assume following that I would file a defence submitted before 18th on the MCOL website?

[dx100uk]

defence is further down in the Q&A sticky.

[FTMDave]

There's often maintenance work done on MCOL at the weekend, but tomorrow it would be a very good idea to check the status of the claim and see if AOS was accepted.

[StoryBoard]

Thanks FTMDave

Wording taken directly from MCOL

 

A claim was issued against you on 19/10/2022

Your acknowledgment of service was submitted on 11/11/2022 at 20:46:03

Your acknowledgment of service was received on 14/11/2022 at 01:05:33

 

The wording states it was received not accepted.

[StoryBoard]

Letter compiled to be sent to Claimants Legal Representative c/o the Claimant

 

Few quick questions:

1. It is not clear to me that the reference to the date in the wording for The Town and County Planning Act 2007 is correct and has any relevance in England? I could not find this date on a search but did find later dated amendments for specific aspects of the Act. In this case I have omitted the date from the letter and referenced the title of the Act. I'm assuming it can be argued that any proof should have been relevant to the version of the Act at that time. 

2. For my benefit what does CPR acronym reference?

3. CPR31.15 states that information should be not more than 7 days after the date on which he received the request. I'm assuming that the 14 day reference period requested in the letter is to set a date for the potential non-compliance request from the claimant/their solicitor within this period.

4. Assume I would just need a proof of posting for this letter?

 

Many thanks.

[honeybee13]

To save me re-reading your thread, have we advised to write to the other side's lawyer?

 

ETA: I can see that we have said to write but I thought it was just the CPR 31:14 request. You might be including things that should be raised later.

 

HB

[dx100uk]

just send the cpr 31.14 as advised in my post earlier

there is no need to adapt it.

 

On 11/11/2022 at 10:52, dx100uk said:

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.

 

dx

 

[StoryBoard]

 

Ok, thanks. Is proof of posting only required? 

Edited November 15, 2022 by dx100uk
unnecessary previous post quote removed

[FTMDave]

Yes, get a free Certificate of Posting from the post office.

[StoryBoard]

The letter that is going to the Claimant is for the CPR 31.14 request only.

Advised to keep it simple at this point. After looking at the examples the wording proposed for the defence on MCOL is:

*** Start of ***

The Defendant contends that the particulars of claim vague and are generic in nature which fails to comply with CPR 16.4. The Defendant accordingly sets out its case below and relies on CPR r 16.5 (3) in relation to any particular allegation to which a specific response has not been made.

 1.      It is denied that the Defendant entered into a contract with the Claimant.

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 simply contracted by the landowner 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.

 3.      The Defendant is the recorded keeper of [motor vehicle].

 4.      In any case it is denied that the Defendant broke the terms of a contract with the Claimant. There are no contractual costs and interest cannot be accrued on a speculative charge. The Claimant is attempting double recovery by adding an additional sum not included in the original offer.

 5.      Notwithstanding the above on 15^th November 2022, I made a request pursuant to CPR 31.14 for the Claimant to disclose its necessary evidence in support of its claim. To this date the claimant has failed to respond to said request.

 6.      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.

*** End Of ***

Questions:

Are the items below helpful construction points/ amendments to add these now from the basic template and included in the wording above? Or better to omit these at this stage?

Is the Claimant contracted by the landowner to provide car park management services noted in point 2.

Added interest claim in point 4. 

Added the CPR request in point 5.

Is the wording between the asterisks above therefore deemed suitable to submit?

Many thanks again.

[dx100uk]

just send the bland non descript defence

dont fluff it out

 

that for your witness statement if required.

 

dx

 

[StoryBoard]

Thanks again. Bland it is. Will do.

 

MCOL website summary status:

 

A claim was issued against you on 19/10/2022

Your acknowledgment of service was submitted on 11/11/2022 at 20:46:03

Your acknowledgment of service was received on 14/11/2022 at 01:05:33

Your defence was submitted on 15/11/2022 at 14:38:41

[FTMDave]

Superb.

 

As far as I know, even if the defence process is done late, as long as the claimant hasn't requested judgement, the defence has priority and is accepted.

 

 

 

[StoryBoard]

Evening All

 

Next stage of correspondence received.

 

I have received a General Form of Judgement or Order today through the post which claims I have been sent Notice of Proposed Allocation to Track which specified the date by which you were required to return the Direction Questionnaire. This Order is dated 6th January 2023 orders that the Defendant must file the DQ with the CCBC on or before 7 days from service of this Order. It continues that if not complied with your defence will be struck out without further order of the Court and the Claimant will be at liberty to enter judgement. It is now the 18th January.

 

Notes:

1. This letter was received via my Royal Mail redirection - First Class set up as I have since moved house since the last round of correspondence in November 2022. The letter was addressed to my previous address.

2. I have not received the items mentioned in the letter.

 

I will post the letter (redacted) up here shortly.

 

Comments and direction gratefully received.

 

Order attached.

Court Order 06_01_23.pdf

[FTMDave]

You're extremely lucky that redirection worked, because generally it doesn't for court documents.

When you move you absolutely must inform the court and the they of the move.

Download the DQ  https://www.gov.uk/government/publications/form-n180-directions-questionnaire-small-claims-track  and fill it in and e-mail it now.  And I mean now.  And cross fingers and toes you're still in time.

Instructions in post 27 here  https://www.consumeractiongroup.co.uk/topic/450676-brittaniabw-windscreen-pcn-claimform-west-quay-retail-park-southampton-so15-1ba/page/2/

E-mail it both to the court and to the they.

[dx100uk]

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

 

get this off by email to the court NOW.

send your response by e mail 
please send it to [email protected] 

ensure you quote “Claim number xxx xxx (type of response i'e AOS , Defence, N180)” in the subject field. 

 

as said above you must as a priority inform the court and the fleecers sols of your new address DO NOT USE EMAIL TO THE FLEECERS EVER.

send their by 1st class with free proof of posting n180 +new address.

 

you also seriously need to stop backdoor CCJ's.

if you have ANY DEBT on your credit file, ( credit last used/paid in say 7yrs) or other private parking tickets you must write to each informing them in writing of your move as they CAN quite LEGALLY file to your old address.

dont forget driving licences AND car V5C's to the DVLA ...you need to do EACH separately!!

 

dx

 

 

[StoryBoard]

Thank you again. Late night again.

 

N180 form emailed off to the Court email address tonight, together with new address for correspondence. 

 

I haven't had anything from the Claimants to identify their solicitors, so do I just post this to them direct as per instruction above? Please advise.

 

(I had to read a few threads to check that mediation should be NO for this submission and expect that the way the wording above is shown may make people potentially default to the opposite....)

 

Regarding the vehicle aspects I've already changed driving licence, car insurance but may have to check whether I did the V5C. Thanks for that prompt. 

 

 

[dx100uk]

19 minutes ago, StoryBoard said:

(I had to read a few threads to check that mediation should be NO for this submission and expect that the way the wording above is shown may make people potentially default to the opposite....)

 

2 hours ago, dx100uk said:

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

cant be clearer.

 

to cel then

 

dx