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

[dx100uk]

so court time

please complete this:

 

[mystic_bertie]

thanks dx ill get onto that tomorrow

 

[mystic_bertie]

MCOL - MoneyClaim Online - Welcome

WWW.MONEYCLAIM.GOV.UK

I cant login to the MCOL website. When i try to login it just brings up the government gateway login window, i use the claim number and provided password but it does not seem to work. Am i missing something here?

I have not completed part of the form,

Which Court have you received the claim from ? Northampton

Name of the Claimant :           uk parking control limited

Claimants Solicitors: (if one is stated) Yasmin Mia

Date of issue –  - 24th Aug 2023

Date for AOS - 

Date to submit Defence - 25th Sept 2023

What is the claim for – 

1.The defendant (d) is indebted to the claimant (C) for a parking charge(s) issued to vehicle xxxxxxx at Mcdonaldds Bristol.

2. The pcn details are ..........

3. The pcn was issued on private land owned or managed by C. The vehicle was parked in breach of the terms on C's signs (the contract) thus incurring the pcn(s).

4. the driver agreed to pay within 28 days but did not. D is liable as the driver or keeper.

5.Despite requests the pcn(s) is outstanding. The contract entitles C to damages. 

AND THE CLAIMANT CLAIMS

1 £170 being the total of the pcn(s) and damages. Interest at a rate of 8% per annum pursuant to s.69 of the county courts act 1984 from the date hereof at a daily rate of £0.02 until judgement or sooner payment 3. Costs and court fees.

What is the value of the claim? £170

Amount Claimed £179.16

court fees £35

legal rep fees £50

Total Amount £264.16

Have you moved since the issuance of the PCN? (y/N - if Y state Date too) No

Did you receive a letter of Claim With A reply Pack wanting I&E etc about 1mth before the claimform? Y/N + date and did you reply?    yes did receive one and replied 10/07/2023

claim form.pdf

[dx100uk]

you need to create a gateway password 1st then login into mcol 

and can you please type out the particulars of claim as asked. 

dx

 

[mystic_bertie]

Dx many thanks for your guidance, i got there in the end.

Date for submitting my defence is 26th Sept 2023

Particulars of claim below

The defendant (d) is indebted to the claimant (C) for a parking charge(s) issued to vehicle xxxxxxx at Mcdonaldds Bristol. 2. The pcn details are .......... 3. The pcn was issued on private land owned or managed by C. The vehicle was parked in breach of the terms on C's signs (the contract) thus incurring the pcn(s). 4. the driver agreed to pay within 28 days but did not. D is liable as the driver or keeper. Despite requests the pcn(s) is outstanding. The contract entitles C to damages. 

AND THE CLAIMANT CLAIMS

1 £170 being the total of the pcn(s) and damages. Interest at a rate of 8% per annum pursuant to s.69 of the county courts act 1984 from the date hereof at a daily rate of £0.02 until judgement or sooner payment 3. Costs and court fees.

[dx100uk]

defence deadline is 25th you cant count (claimform date is ONE in the count as the guide says)

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.

 

 

[mystic_bertie]

Dx many thanks for your reply.

Noted that Date for submitting my defence is 25th Sept 2023

Nexi ill get a CPR 31:14 request running to the solicitors asap

 

[mystic_bertie]

I have printed off the letter and its ready to be posted first class tomorrow and ill ask for proof of postage.

i will submit my defence a week before its due. many thanks again

 

[FTMDave]

[mystic_bertie]

hey guys could you be so kind as check over my defence when you get a moment please. 

 

SHould i mention any of the circumstance regarding my living circumstances at the time of the pcn? Please see reminder below.

This was during the xmas period 2022 and there was also the royal mail strikes going on at the time.

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 not opening my mail very frequently so she had no idea that there was anything urgent there.

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

I did email UKPC all this information and tried to appeal but they told me I missed the deadline to appeal this PCN. 

 

 

Here is my defence below - 

 

1.The defendant (d) is indebted to the claimant (C) for,  a parking charge(s) issued to vehicle xxxx xxx at Mcdonalds Bristol Patchway 562, highwood lane, patchway trading estate, Bristol, bs34 5tq.

2. The pcn details are xx/xx/xxxx -  xxxxxxxxxxxxxx.

3. The pcn was issued on private land owned or managed by C. The vehicle was parked in breach of the terms on C's signs (the contract) thus incurring the pcn(s).

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

AND THE CLAIMANT CLAIMS

1 £170 being the total of the pcn(s) and damages. Interest at a rate of 8% per annum pursuant to s.69 of the county courts act 1984 from the date hereof at a daily rate of £0.02 until judgement or sooner payment 3. Costs and court fees.

What is the value of the claim? £170

Amount Claimed £179.16

court fees £35

legal rep fees £50

Total Amount £264.16

 

The Defendant contends that the particulars of the 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’s denied that I 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 I was the driver at the time.

 4.  Paragraph 4 is denied the claimant has yet to evidence that their contract with the landowner supersedes Patchway Trading Estate byelaws. Further it is denied that the Claimant’s signage is capable of creating a legally binding contract.

 5. Paragraph 1  under the CLAIMANT CLAIMS is denied, there are no contractual costs and interest cannot be accrued on a speculative charge.

 6 Not withstanding the above on xx/xx/xxxx  I made a request pursuant to CPR 31.14 for the claimant to disclose its necessary evidence in support if its 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.

[dx100uk]

unless you have already been told here, which i cant see you have , or unless experts advise to add the extra bits you have ....

you KEEP to the default defence, 

i believe this is important with VCS at this stage as to not give any clues away!

PS you never include their POC (RED BIT!)

 

[mystic_bertie]

Dx many thanks for the helpful reply i will hopefully get it submitted  tomorrow evening. I will omit  the POC and i will also omit the extra details like you have suggested. Many thanks

[FTMDave]

What you have prepared will come in very, very handy ... but later on at Witness Statement stage.

Keep the defence generic for now so the fleecers won't have a clue about what you will argue in court, and then give them both barrels later at Witness Statement stage.

You know the drill -  https://www.consumeractiongroup.co.uk/topic/393251-received-a-court-claim-from-a-private-parking-speculative-invoice-how-to-deal-with-it-hereupdated-dec-2021/  then scroll down to  2) How should I defend?  for the generic defence.

If you want, given in your case they refused to give you the right to appeal, change (6) to (7) and put in a new (6) -

(6)  The Claimant has not respected their own trade association Code of Practice, as they denied me the right to appeal.

[mystic_bertie]

FTMDave Many thanks for your help and posting the link. I amended my defence as per your instruction and i have just finished submitting my defence. The process did not take that long after the defence is already written. Thanks again  to all

[FTMDave]

[mystic_bertie]

hey guys i received a sar confirmation letter to say it was in progress.

 

 

2023-09-12 DCBL - thanks for the SAR..pdf

[FTMDave]

What utter idiots DCBL are.  You didn't send a SAR.  You sent a CPR request.  Anyway, it's better this way, they won't send you the documents you requested so you can state in your Witness Statement later on that they refused to show important legal permissions. 

[mystic_bertie]

FTMDave - many thanks for your reply, yes they are not very smart for people who are meant to be legal professionals , oh well its good to know it will help me later on.

Today i got a letter from the courts to say they acknowledge receipt of my defence, please see attachment. Thanks again for your help and guidance  

 

2023-09-22 HMCTS - Ack Of Defence Filing.pdf

[mystic_bertie]

Good afternoon. Today i got a voicemail from DCB Legal, a woman asking me to call her back regarding a litigation regarding parking. WHat should i do ?

[dx100uk]

follow the golden rules as with every debt...no phone calls no emails no texts.

pers i would be writing to them and stating the your only method of comms is in Writing by royal mail

ALL phone numbers & emails are to be deleted from their files and not used for any comms regarding our mutual claim.

you are going to have to do this anyway by the looks of things... at some point you've given them all your details. oppss!

 

dx

 

[mystic_bertie]

dx many thanks for your reply. I will send them a letter in the near future just as you suggested. I'm in the middle of packing and moving as per my eviction thread. I always redirect my mail anyway.

That's a good point how did they manage to get my number, have i inadvertently put it somewhere i shouldn't have?

[dx100uk]

you must make 1000% sure you inform the court (see if you can change it on mcol?) and the claimant/sols of your new address in writing.

do not rely upon mail redirect many court letters state do not redirect.

dx

 

 

[mystic_bertie]

thanks dx i changed my address on the mcol site under 'edit registered details' 

once i move i will inform DCBL and ask them to remove my number and emails etc.

[brassnecked]

Then just make sure they have your postal address and send a letter with it on a heading that  you don't accept comms by phone txt or email, with free proof of posting.

[mystic_bertie]

brassnecked many thanks for your reply, i will get that sent after i move house