TPS ANPR PCN PAPLOC Now Claimform - Wrong Reg - boddingtons Gt Ducie Street, Francis Street, Manchester, M3 1PQ

[Dave962]

Which Court have you received the claim from ? County court business centre Northampton 

Name of the Claimant : Total car parks limited

Claimants Solicitors: dcb legal Ltd - 0330 1744 172

Date of issue – 25th May 23

Date for AOS - 12th June

Date to submit Defence -  26th June

What is the claim for – 

1.the defendant is indebted to the claimant for a parking charge issued to vehicle xxxxx at Boddingtons street

2. the pcn details are xxxxxxxx

3. the pcn was issued on private land owned or managed by the claimant. The vehicle was parked in breach of the terms on the claimant’s signs (the contract), therefore incurring the pcn(s)

.4. The driver agreed to pay within 28 days but did not. D is liable as the driver or the keeper. Despite requests, the pcn(s) is outstanding. The contract entitles claimant to damages.

AND THE CLAIMANT CLAIMS

1. £160 being the total of the pcn and damages.

2. Interest rate at 8% p/a pursuant to s69 of the CC Act 1984 from the date hereof at a daily rate of £0.02 until judgement or sooner payment.

3. Costs and court fees

Amount Claimed 168.32

court fees 35

legal rep fees 50

Total Amount 253.32

Have you moved since the issuance of the PCN? N

 

[FTMDave]

Is your holiday in the UK?

If so, print out the CPR request now and take it with you, then over the next few days send it from a post office and get a free Certificate of Posting.

Nicked from what dx wrote on another thread -

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

 

[Dave962]

thanks DX will do, and yes it’s only UK so that should be ok.

I’ll deffo not sign it, but I’m guessing this is the point then now where it is safe to reveal address etc.

Yes I will get this sent off asap then

[dx100uk]

you should never be hiding at your address???

dont forget AOS!!

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.

………….
 

 

[Dave962]

Thanks DX as always.

really sorry to sound pretentious but could any of this wait till Monday? Or is it critical I get both done this week?

Edited May 28, 2023 by Dave962

[FTMDave]

You mean Monday 5 June, right?

The answer is no, it isn't critical, waiting a week wouldn't be fatal.

However, presumably you already know how to use MCOL due to your other case, so it'd take, what, 10 minutes to do AOS presuming you're OK for Internet and devices.  Plus another 10 minutes queueing in a post office for CPR.  If you can get things moving tomorrow or Tuesday, all the better.  But no, not critical. 

[dx100uk]

po's will be closed after today now till tuesday as monday is a bank holiday. cpr really needs to go but last post is 4pm unless you are near a big city? s asap next week , if you cant get free proof of posting then just use a stamp. its never been an issue before.

aos not seriously not needed till a few days  before its due

 

dx

 

[FTMDave]

Forgot about the Bank Holiday

[Dave962]

Thanks gents, much appreciated getting back. I think I know deep down what’s right so I’ve made some time tonight to get these tasks done. As you say, it’s not too onerous really is it so can’t complain. Many thanks.

[FTMDave]

Just put in 20 minutes' work for both tasks tomorrow - then forget about the fleecers and enjoy your holiday!

[Dave962]

Thanks Dave back home now and both tasks were completed by last Tue.

[FTMDave]

Hope you enjoyed your holiday!

Ten days to go to mine

Remember to file your defence a couple of days before 26 June.

[Dave962]

Thanks Dave it was fantastic thanks and very lucky with the weather. I hope it lasts for yours!

Just looking at my defence, as I imagine this is something I need to start looking at now. Do I need to respond to each of their Particulars of Claim bullet points individually? Including the claimant costs?

I've had a good look on the website and can't find too much so far in terms of a defence in a similar vain to my case.

[Nicky Boy]

There's a standard defence further down the sticky you filled out.

Q2) how do I defend?

Basic, and doesn't give away what you might use later in your witness statement.

[Dave962]

Thanks Nicky. I did notice that example. I also found another example, would this one be suitable for me?

The Defendant contends that the particulars of claim are 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. Paragraph 1 is denied. It is denied that the Defendant ever entered into a contract to breach any terms and conditions of the stated private land.

 

2. Paragraph 2 and 4 are denied. 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 only contracted 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.

 

3. It is admitted that Defendant is the recorded keeper of the vehicle. The Claimant is not in a position to state if the Defendant was the driver at the time.

 

4.  Paragraph 5 is denied the claimant has yet to evidence that their contract with the landowner supersedes  Doncaster-Sheffield airport byelaws. Further it is denied that the Claimant’s signage is capable of creating a legally binding contract.

 

5. Paragraph 6 is denied, there are no contractual costs and interest cannot be accrued on a speculative charge.

 

6. Not withstanding the above on xxxxx/22, the Defendant made a request pursuant to CPR 31.14 for the Claimant to disclose the necessary evidence in support of their claim. To this date the claimant has failed to respond to said request.

 

Therefore the claimant is put to strict proof to evidence its cause of action and contractual costs and what loss it has suffered. 

 

The Claimant is further put to strict proof that it has sufficient proprietary interest in the land, or that it has the necessary authorisation from the landowner to issue parking charge notices, and to pursue payment by means of litigation.

 

The Particulars of Claim is denied in its entirety.  It is denied that the Claimant is entitled to the recovery or any recovery at all.

[Nicky Boy]

No, use the one from the sticky. It's stood the test of time and gives nothing away...

If you make any tweaks to it, post it up for the guys to look over.

[Dave962]

Thanks Nicky, this one...

 

The Defendant contends that the particulars of claim are vague and 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.  The Defendant is the recorded keeper of [motor vehicle].

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

3.  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. 

4.  In any case it is denied that the Defendant broke the terms of a contract with the Claimant.

5.  The Claimant is attempting double recovery by adding an additional sum not included in the original offer. 

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.

[Nicky Boy]

That's the one...

 

Don't file too early though.

Edited June 8, 2023 by Nicky Boy

[dx100uk]

no dont file early!

dx

 

[Dave962]

Thanks DX. No I just had a loose end tonight so wanted to put it to good use. I will deffo hold fire for now tho thanks

[Dave962]

Hi

I believe my defence is due Monday.

But I wouldn’t say maths is my strong point, therefore would you suggest sending over tomorrow might be a good idea just to be on the safe side, taking the weekend into account?

[AndyOrch]

Monday  by

4.00pm

[Dave962]

[Dave962]

Just double checking will the defence I posted above be sufficient for later today?

[dx100uk]

the one from our sticky yes.

dx