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CEL ANPR PCN Claimform - didn't input reg - moved address - CAR PARK AT ASM SUPERMARKET 75-83 OLDHAM RD Ashton-under-Lyne OL6 7DF***Claim Struck Out***


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Hello CAG,

 

1 Date of the infringement 28/08/2021

 

2 Date on the NTK [this must have been received within 14 days from the 'offence' date] First NTK not available 

 

3 Date received Don't Know
 

4 Does the NTK mention schedule 4 of The Protections of Freedoms Act 2012? [Y/N?] Don't know
 

5 Is there any photographic evidence of the event? Yes
 

6 Have you appealed? [Y/N?] post up your appeal] No

 

7 Who is the parking company? Civil Enforcement Ltd, BPA

 

8. Where exactly [carpark name and town] ASM Supermarket, Ashton-Under-Lyme

 

I parked in a supermarket car park on 28/08/2021, did some shopping and left. But, I did not know that I had to enter my car reg inside the supermarket to validate. The parking condition says that it is free for supermarket users.

 

After a few days I received the PCN but I did not take any action. Again, I received various letters from different debt collectors to pay the PCN. I did not take any action.

 

Finally, Civil Enforcement have sent "Letter before Action" and Claim form to fill in and send it back to them. 

 

I have attached all the letters and forms received from CIvil Enforcement. 

Please help. 

 

 

PCN+zzps warning+LOC+CEL warning+Claimform.pdf

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You probably weren't to know but once they have sent you a PCN they pursue you relentlessly until you pay up, get sent a letter of Claim or give up entirely. The latter is around 5 years time.

It's a shame  you didn't keep the original ticket as that is the important one and if there are things wrong with it they have no chance of winning in Court unless you don't turn up.

As you will need that PCN you should send them an SAR [you'll find it in our library]. It takes about a month for the reply so the sooner you send it off the better.

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  • dx100uk changed the title to CEL ANPR PCN - didn't input reg at terminal in ASM Supermarket, Ashton-Under-Lyme

Which Court have you received the claim from ?  Northants bulk
  
Name of the Claimant : Civil Enforcement Ltd
 
Claimants Solicitors: S Wilson
 
Date of issue – 21/04/2023
 
Date for AOS – Not Yet Completed AOS
 
Date to submit Defence – Not yet Submitted
 
What is the claim for – 

1. Claim for money relating to Parking Charge for breach of contract terms/condition for parking in a private car park (CP) managed by Claimant.

 

2. Drivers may only park pursuant to TCs of use displayed in CP and agree upon entry/parking. APNR cameras or manual patrols monitor vehicles entering/exiting the CP and TC breaches.

 

Charges of GBP 182 claimed. 

Violation Date: 20/08/2021

Payment Due Date: 18/09/2021

Time in: 11:48 Time out: 12:26
PCN: xxxxxxx
Vehicle reg mark: xxxxxxx
Car Park: ASM Supermarket
Total due: GBP 182

 

The Claimant claims the sum of GBP 206.25 for the unpaid parking charge inc GBP 24.25 interest under S.69 of the CCA 1984 Rat: 8.00% pa from due date to 20/04/23 Same rate to Judgement or sooner payment at daily rate of GBP 0.04.

 

Total debt and interest due: GBP 206.25

 
What is the value of the claim?
Amount Claimed: £206.25
court fees: £35
legal rep fees: £50
Total Amount: £291.25

 

..........................

 

The problem is that, I moved address a year ago and since then all the PCN letters are sent to my previous address.

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  • dx100uk changed the title to CEL ANPR PCN Claimform - didn't input reg - moved address - CAR PARK AT ASM SUPERMARKET 75-83 OLDHAM RD Ashton-under-Lyne OL6 7DF

thread tidied

all docs in post 1 now

.................

 

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.

………….
 

please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

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Given that I did use the supermarket for shopping and parked in their Car Park and I have a credit card statement showing the amount I spent in the supermarket, on this basis can I request for the claim to withdrawn. 

I shop with that supermarket often and was not aware when they introduced APNR car registration, as such I was not aware to enter the my car reg on the device inside the supermarket.

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no but write to the supermarket with proof of purchase and ask if they would please tell CEL to cancel the Speculative invoice as they have now issued a court claim against you...dont tell CEL you are doing this ..it might just work!! bye bye claim CEL...sch!! for now

please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

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I did try speaking to the Supermarket and requesting them if can ask CEL to cancel the PCN. But the supermarket said if it was within two weeks, they could have asked CEL. Since I requested the supermarket after few months, they said, they cannot ask CEL. 

 

What you suggest please. Shall I acknowledge/respond to the Claim online.

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just follow my guide EVERYTHING is there in plain understandable english.

you do NOT use the forms now, purely for reference only.

 

please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

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:wave:

please you need to tighten up here and pay attention

schoolboy errors  going forward will lose you the court claim.

 

dx

please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

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I have submitted the AOS part. Please let me know if you would like to see the summary.

 

I will send the CPR 31.14 Request Letter tomorrow. Is it better to send the letter using Signed/Recorded delivery or Standard First Class post please. 

When should I start the Defence on the MCOL please. 

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READ THE GUIDE.:frusty:

 

now ive just seen your other 2 old pcn threads and yep, you just dont read or bother to take notice.

 

i'll tell you one thing now.

if you carry on that way you will lose hands down

you are the person thats gonna be infront of a judge here

 

you must start to read things fully and carefully and follow exactly and understand

cause the parking company will expose you and exploit every little mistake you made.

for one time in your life you need to man up,

 

dx

 

please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

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And...  DON'T FORGET THE SAR ! 😉

 

Also mods... Why is "moved address" part of the topic title?

 

Or, have I missed summat!

Edited by Nicky Boy

We could do with some help from you.

PLEASE HELP US TO KEEP THIS SITE RUNNING EVERY POUND DONATED WILL HELP US TO KEEP HELPING OTHERS

 

 Have we helped you ...?         Please Donate button to the Consumer Action Group The National Consumer Service

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Part of this thread title reads "moved address", yet there's nothing in the thread about moving address?

We could do with some help from you.

PLEASE HELP US TO KEEP THIS SITE RUNNING EVERY POUND DONATED WILL HELP US TO KEEP HELPING OTHERS

 

 Have we helped you ...?         Please Donate button to the Consumer Action Group The National Consumer Service

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:pound:do keep up at the back..

 

dx

  • Haha 1

please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

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  • 2 weeks later...

Hi Dx, I know I have to respond within 33days from the date on the Claim Letter to start the Defence. Does it make any difference if I start the Defence sooner than wait until nearer to the deadline please. 

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you can prepare early...defence is further down in the Q&A sticky. you did.

 

post yours up here 1st for checking.

 

typically we dont advise filing too early, 

 

dx

please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

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Hi Dx, I have prepared a draft response to the defence. Please have a look and/or advise how to respond to the defence. 
 

Defence - Dispute Reasons


Q1) Do you dispute the claim because you have already paid it?
No, for other reasons

 

Defence - Defence Particulars
Q2) Please state your defence in a maximum of 122 lines in the box below.

II believe that this Parking Charge was issued unfairly. I am not liable for the amount payable because: There was insufficient signage. There was no significant sign at the entrance of the car park so I wasn’t able to determine what the parking restrictions were/that there were in fact any parking restrictions.

 

As claimed by the Claimant (the Parking Charges for breach of contract terms/conditions for parking in a private car park), there was no breach. The car was parked in the Supermarket's car park and the Supermarket was used to purchase groceries on the day. A credit card statement showing the date (20/08/2021) and amount (£58.78) spent in the Supermarket is available as evidence.


Defence - Counterclaim
Q3) Do you wish to make a counterclaim?:mandatory: NO

 

 

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so you've not read further down in the sticky like i told you too?

your defence is already there,

you most certainly never ever give away any cards you have till ws stage, if it gets that far..

On 26/04/2023 at 17:40, honeybee13 said:

Hi, thank you for the information.

 

As you've had a claimform, could you also let us have the details requested in the other forum sticky please?

 

 

HB

 

making stupid schoolboy errors again.

 

dx

 

please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

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