UKPC/DCBL ANPR PCN - appealed PAPLOC Now Claimform - Mcdonalds Bristol Patchway, 562 BS34 5TQ ***Claim Discontinued***

[jk2054]

yea just wait for the court to send an N180.

 

Nothing to do until then.

[mystic_bertie]

thanks for the info

 

[bradfordlad]

Hi

Just thought I'd give you a link to my case with PCN/DCBL as I'm a little bit ahead of you in the process (but not much!), so thought it could help you?

 

[mystic_bertie]

Thanks for your reply.

Its unreal the crap we have to deal with because of these idiots, yes we are at similar parts of the journey and getting threats of going to court in the hope we will pay up.

Thankfully the team here can guide us through this.

The help and advise is amazing.  

[mystic_bertie]

Good evening everyone, today i have received the N180 questionnaire. I have posted the front page only. SO guys what's the best way to fill in this N180?  

 

2023-11-20 Courts DQ N180 to claimant.pdf

[dx100uk]

https://www.consumeractiongroup.co.uk/topic/347310-legal-n180-directions-questionnaire-small-claims-track/#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 (that the issues are so complex they need to be argued orally')

the rest is obv

1 to the court

1 to their sols (omit phone/sig/email) if no sols send to claimant

1 for your file

 

dx

[mystic_bertie]

Good afternoon and thanks for your help and advice, i will get this filled out and posted tomorrows.  

[mystic_bertie]

Posted today thanks again, i got proof of postage too.

 

[FTMDave]

[mystic_bertie]

Good evening guys i received a notice of transfer for the court proceedings, i totally forgot i received it that why it is dated earlier in the month. Is this just part of the formality? 

notice of transfer.pdf

[FTMDave]

Yes!

[Nicky Boy]

Can't afford to keep "forgetting" mail bertie!

You could miss a deadline...

[mystic_bertie]

@FTMDave thanks  

@Nicky Boy good afternoon, i understand what your saying my friend, I struggle to keep on top of these things sometimes.  

[mystic_bertie]

Hey guys i hope you are well.

I just received this letter from Gloucester court. Is this saying the hearing wont go ahead unless the claimant pays the trial fee?  

I am not the best at opening my mail these days but some of it is arriving 3 weeks late, this court letter arrived today with a big bundle of mail, so any dates that have passed are outwith my control.  

 

gloucester court letter.pdf

Edited March 17 by FTMDave
Personal details removed

[FTMDave]

The important thing from your point of view is that you should have filed your Witness Statement with the court three days ago.

The court will probably let you off if you are a few days late as you are a Litigant-in-Person, but clearly it must be done tomorrow.

I hope you have already drafted something.

[mystic_bertie]

Many thanks for your reply.

I have not prepared anything for this.

I have never done this before and i have no idea what to do or write.

 

[FTMDave]

I panicked when I saw your attachment and got it wrong.  Sorry.  The deadline for your Witness Statement is actually 27 March so time is on your side.

The court usually just states one deadline but weirdly in your case there is a second deadline of 13 March for "documents".  Thus my confusion.

I'll have a read through your thread from the start this evening and suggest sections for the Witness Statement.

I've removed your real name from the PDF.

Edited March 17 by FTMDave
Extra info added

[FTMDave]

So the sections of your WS need to be -

SEQUENCE OF EVENTS - a brief description of how you got the invoice.

NO KEEPER LABILITY - LFI's magic from post 16.  There is now a persuasive judgement you can quote  https://www.consumeractiongroup.co.uk/topic/465769-premier-park-euro-car-parts-gatwick-80-crawley-rh10-9pl-no-parking-period-quoted-so-pofa-not-respected/#comment-5250822

BREACH OF CODE OF PRACTICE - the stuff about them denying you the right of appeal.

NO LOCUS STANDI - you asked to see a copy of their contract with the landowner which authorises them to bring claims in their own name by CPR, they didn't send it, you don't believe they possess locus standi.

ILLEGAL SIGNAGE - your CPR request also requested to see proof of planning permission for their signs, they didn't send it, you believe they do not possess PP which is a criminal offence and no contract can be formed where criminality is concerned.

DOUBLE RECOVERY - the Unicorn Food Tax they make up.  This is the same for every case so I'll post the section below.

A couple of things.

Did you ever get you hands on what you wrote in your attempted appeal and their reply?  I'm concerned you might have outed yourself as the driver.

Have you checked yourself on the council portal if they have planning permission?

Edited March 16 by FTMDave
Extra info added

[FTMDave]

DOUBLE RECOVERY

33.  The Claimant has artificially inflated their claim for a £100 invoice to £170.  This is simply a poor attempt to circumvent the legal costs cap at small claims.

29.  Since 2019, many County Courts have considered claims in excess of £100 to be an abuse of process leading to them being struck out ab initio.

An example, in the Caernarfon Court in VCS v Davies, case No. FTQZ4W28 on 4th September 2019, District Judge Jones-Evans stated “Upon it being recorded that District Judge Jones- Evans has over a very significant period of time warned advocates (...) in many cases of this nature before this court that their claim for £60 is unenforceable in law and is an abuse of process and is nothing more than a poor attempt to go behind the decision of the Supreme Court V Beavis which inter alia decided that a figure of £160 as a global sum claimed in this case would be a penalty and not a genuine pre-estimate of loss and therefore unenforceable in law and if the practise continued, he would treat all cases as a claim for £160 and therefore a penalty and unenforceable in law it is hereby declared (...) the claim is struck out and declared to be wholly without merit and an abuse of process.”

34.  In Claim Nos. F0DP806M and F0DP201T, District Judge Taylor echoed earlier General Judgment or Orders of District Judge Grand, stating ''It is ordered that the claim is struck out as an abuse of process. The claim contains a substantial charge additional to the parking charge which it is alleged the Defendant contracted to pay. This additional charge is not recoverable under the Protection of Freedoms Act 2012, Schedule 4 nor with reference to the judgment in Parking Eye v Beavis. It is an abuse of process from the Claimant to issue a knowingly inflated claim for an additional sum which it is not entitled to recover. This order has been made by the court of its own initiative without a hearing pursuant to CPR Rule 3.3(4) of the Civil Procedure Rules 1998...''

35.  The addition of costs not previously specified on signage are also in breach of the Consumer Rights Act 2015, Schedule 2, specifically paras 6, 10 and 14.

36.  It is the Defendant’s position that the Claimant in this case has knowingly submitted inflated costs and thus the entire claim should be similarly struck out in accordance with Civil Procedure Rule 3.3(4)

[lookinforinfo]

G4QZ465V Excel v Wilkinson - The court office at the County Court at Bradford, Civil And Family - Studocu

 

Please copy, read and understand the case from 20020 and include it in your WS.

the Judge had decided that Excel had won the argument, their rules were breached. However by adding on the £60 the Judge threw out the whole case.

you should add to your claim that as this double recovery has been going on so long that it is time for the Courts to continue to take drastic action and throw out the whole case.

It is  believed to be repayment of the debt collectors who work on a "No Win , No Fee " basis.

As the case is being heard in court, obviously the debt collector did not win. In any event motorists do not have a contract with these debt collectors so there is no legal reason for this cost to be added.

[mystic_bertie]

@FTMDave Dave thanks a million for the wonderful help you have given me. Ill get started on my witness statement too and then post it up for a review.

Did you ever get you hands on what you wrote in your attempted appeal and their reply?  I'm concerned you might have outed yourself as the driver.

I have copied this from my first post, i was between jobs and between houses at the time. I dont think i have the email from my email appeal which they rejected.

Date of the infringement 09-12-22

date pcn was received 11-01-23 BUT.............

This was during the xmas period and there was also the royal mail strikes going on.

It was originally sent to my old address in South Wales, it was then redirected to my daughter in Glasgow, Scotland because I had been living in a hotel for a short period of time and i had no address

My daughter is young and she was opening my mail maybe once a week so she had no idea that there was anything urgent there. She sent the pcn via a pic on whatsapp.

i had a redirection set up from Nov 2022 to Apr 2023 (6 months).

I did email UKPC all this information and tried to appeal by email but they told me I missed the deadline to appeal this PCN. No compassion was given to my homeless circumstances

I spoke to the manager at McDonalds a few times and contacted their customer support, every time told me there was nothing they could do. Yet other companies can get these pcn's cancelled without any problem.

 

 

Have you checked yourself on the council portal if they have planning permission?

I do not know how to do this im afraid. 

 

@lookinforinfo 

many thanks for your reply, do i need to read the document as the link did not seem to work, i will include your post in my witness statement too.

 

[mystic_bertie]

 i found the original images sent from my daughter in Scotland, you can see her fingers holding the letter,

this is proof of my story of the redirection to Glasgow, the image info stated 'modified 11-01-2023' proof of when i received the image of the pcn, too late to appeal by their dead line.

They tell you you have 28 days to appeal, the deadline had already passed when i received the original pcn via my daughter.

I found my original email to them for the appeal, also the pdf reply letter they sent, saying it was refused because i missed their deadline, it has been passed on to a debt recovery agency.. I can post either of these if you need to see them.

[dx100uk]

43 minutes ago, mystic_bertie said:

the link did not seem to work,

missing link updated

[mystic_bertie]

dx100uk many thanks for updating the link. Am i supposed to copy the entire document into my WS, also it does not let me copy the text is there a way around doing this?

[FTMDave]

From point 23.8 of the BPA Code of Practice.  Use it in the BREACH OF CODE OF PRACTICE section -

You must have a process for considering appeals received
outside of the normal 28-day period allowed for lodging
an appeal where the appellant provides evidence of
exceptional circumstances for the appeal not being
lodged within the normal timeframes – where the
addressee only discovers and can show that a parking
charge notice has been issued in their name after the 28-
day period the period must restart and any enforcement,
excluding court action, must be paused

3 hours ago, mystic_bertie said:

I found my original email to them for the appeal, also the pdf reply letter they sent, saying it was refused because i missed their deadline, it has been passed on to a debt recovery agency.. I can post either of these if you need to see them.

Yes, please!