CPM ANPR PCN Claimform - -THE ATLIP CENTRE EALING ROAD ALPERTON WEMBLEY LONDON HAO 4LW

[dark.knight.10]

Apologies about the images, here is an update, I think I removed all barcode and ref numbers

 

Which Court have you received the claim from ?

County court Business Centre 

 

MCOL Northampton N1 ? Moneyclaim.gov.uk

Manual Claim CCMCC (Salford) ? n?

New beta WWW.MONEYCLAIMS.SERVICE.GOV.UK ? n?

 

If possible please scan redact and upload a full page copy of page 1 of the claim form. (not the response page or AOS)

 

 

Name of the Claimant : UK CAR PARK MANAGEMENT LIMITED

 

Claimants Solicitors: GLADSTONES SOLICITORS LIMITED 

 

Date of issue – 18 Jul 22

 

Date for AOS - 05 Aug 22

 

Date to submit Defence - 18 Aug 22

 

What is the claim for – 

 

1.The driver of the vehicle with registration ****** (the 'Vehicle') parked in breach of the terms of parking stipulated on the signage (the 'Contract') at THE ATLIP CENTRE ANPR - THE ATLIP CENTRE ANPR EALING ROAD ALPERTON WEMBLEY LONDON HAO 4LW, on 08/07/2019 thus incurring the parking charge
(the 'PCN*).

 

2.The PCN was not paid within 28 days of issue.

 

3.The Claimant claims the unpaid PC from the Defendant as the driver/keeper of the Vehicle. Despite demands being made, the Defendant has failed to settle their
outstanding liability.

 

4.THE CLAIMANT CLAIMS £100 for the PCN, £70.00 contractual costs pursuant to the Contract and PCN terms and conditions, together with statutory interest
of £40.06 pursuant to s69 of the County Courts Act 1984 at 8.00% per annum, continuing at £0.04 per day.

 

 

What is the value of the claim?

£295.06

 

Amount Claimed £210.06

court fees             £35

legal rep fees       £50

Total Amount        £295.06

 

Thank you all for your time and efforts 

 

Court_Claim_form.pdf

[FTMDave]

The attachment is fine now, thanks.

 

Fellow Site Team member dx100uk will be on shortly to tell you how to defend the claim.

 

Did the fleecers send you a Letter Before Claim or Letter Before Action before the claim form?

[dark.knight.10]

Thank you!

I think Gladstone did send a letter before this one ... should I have posted it here? 

[FTMDave]

We did write -

 

On 05/02/2022 at 23:15, FTMDave said:

Anyway, don't pay and ignore the fleecers unless they sent a Letter of Claim.

If you ignore a Letter of Claim the fleecers generally think you might ignore the claim form too and they'll get a judgement by default.

 

The advice on every PPC thread on the forum is always to reply to a Letter of Claim.

 

 

[FTMDave]

My original reason for asking was because I thought they hadn't sent a Letter of Claim and you could have used that against them in your defence.  Just to be absolutely sure can you please upload what Gladstones sent you? 

[brassnecked]

The letter of Claim must follow the rules in the Pre Action protocol and generally contains a pack asking for personal finance details, whether you contest the demand,  sometimes Gladstones the second worse solicitors completely screw it up at that stage, so sight of what they sent as per FTMDave would be good.

[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.

………….
 

[dark.knight.10]

Thanks @dx100uk

I will do that, 

As for the letter of claim, I misunderstood, I don't think I got one but not too sure because I just disposed of the letter. 

 

I'm pretty sure the letter said that if I don't pay, their client may seek action in court.  which is the standard demand letter ... 

 

 

[honeybee13]

A letter of claim should be headed as such.

 

HB

[FTMDave]

The vital steps to take are those explained by dx100uk.

 

The matter of the Letter of Claim is much less important, but if we are able to work out what happened, so much the better.  Was the letter similar to this one?

 

I know it's tempting to chuck away the fleecers' attempts at deforestation, but it's always best to hang on to all the paperwork when you're in legal dispute otherwise you just get confused about what has gone on and end up having to play catch up.

 

 

LBC.pdf

[dark.knight.10]

Okay, I'm not sure. I'm sorry 

[FTMDave]

No worries, not essential.

 

All of us on the site have made mistakes when in legal dispute, that's inevitable, the important thing is to learn from the mistakes if something like this ever happens again.

[dark.knight.10]

@dx100uk

Thank you for the instructions above! I have submitted AOS. 

 

I'd like to ask a question regarding the next step: 

"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."

 

1. Can I fill in the template and paste it here for a final check (- my personal info) ?
2. I fill in my information and the company's info, put it in an envelope and sent it back (*never email)? 

3. "I must file my defence by day 33" is there a template to be followed for that? 

 

Many thanks 

F

 

 

 

[dx100uk]

the sticky you filled out for popping up the details

has details upon defences just scroll down further into it.

 

we dont need to see our CPR 31.14 template

just fill it in and send it

read the red up the top too..

what does it say about needing to post yours up here.

 

you NEVER use or give an email!!

 

dx

 

[lookinforinfo]

We haven't seen the first PCN that you received. Could you please post it up as there are often mistakes on it that can make their case more difficult.

[dark.knight.10]

in any case, here it is 

 

 

2019-07-17 CPM PCN.pdf

[dark.knight.10]

Guys, 

 

Thank you so much for all your help and patience. It is a little overwhelming so please bare with me if you could. 

 

Without sounding a little thick, I have read all the information a few times but I'm still a little confused on how to write my defence. I feel like the whole thing is blown out of proportion... They're taking me to court for allergy failing to register my number plate for one time out of months of consistent registration.

 

I'm not sure how these points apply as defence: 

 

1- Penalty clauses – You can still try to claim a charge is a penalty in other environments though, as these have not been fully tested by the courts (for example if you are charged for parking in a residential road). not sure what this could be in my case?

 

2- Lack of contract – they'd need to proof they have permission from the landlord? 

 

3- Parking charge not incorporated into the contract - Signage is not an issue, there are signs to set out the parking terms. 

 

4- Unfair Contract Terms in Consumer Contracts Regulations – in lament terms, if this has not been negotiated then its unfair practice?

 

5- Failure to comply with POFA - This one is clear. ask them to provide proof.

 

6- Proof of facts –  the PCN has timed stamps. 

 

So if I'm correct in thinking, my defence should be around points 1,2,4 and 5? is this correct?

 

Best

F

 

 

[dx100uk]

go back to the sticky you filled out where we wanted the initial claimform details

 

scroll down further and read....yes a few bland generic points giving away no specific details.

 

there are examples there too.

 

 

[lookinforinfo]

Thanks for posting your PCN. It does not comply with PoFA 2012 for two reasons.

 

1] they are supposed to enter your parking period but instead they have entered your time of arrival and exit which is not the same as you have to find a parking space;read the T&Cs before parking ' After you return to your car and make your way to the exit you may be held up by pedestrians crossing in front of you and there may be a queue to get out the car park which all takes time.

 

2] they missed out several crucial words which are a must in Schedule 4 s9 [2][f]. " (if all the applicable conditions under this Schedule are met)"

 

Therefore you as the keeper cannot be pursued for the alleged debt. Only the driver can be liable. As they do not know who was driving  they will have difficulties in taking anyone to Court.

 

 

[dark.knight.10]

@lookinforinfoThank you! that makes more sense. I will put my defence as a generic version of the above. 

I appreciate the explanation   

[dx100uk]

Pop it up here 1st and we will check it.

 

Dx

[lookinforinfo]

I don't see where you went back to the gym to confirm you registered on that day. Is there a way of confirming that you did register with them even if you got the vrm wrong?

 

[dark.knight.10]

Sorry I missed this, unfortunately they gym doesn't hold these records. its an ipad by the entrance door that you register your car with. I assume it goes straight to the company. 

It doesnt help that the gym share its space with a wedding venue ... so they crack down on parking alot! 

[The GodMother]

Surely the gym should hold some type of record. it can prove you was there as you checked in. 

 

[dark.knight.10]

Hey,

 

Yes I can prove that I was in the gym that day but cant prove that the car was regiestered