Countrywide/BW pcn claimform - 7-11 Provost Street Fordingbridge .SP6 1AY

[L_C]

Hi all, I've received a court claim form for a PCN I received last year.

Attached is the the redacted first page from the claim form with full details.

Have you moved since the issuance of the PCN? No

Did you receive a letter of Claim With A reply Pack wanting I&E etc about 1mth before the claimform? No

There was signage at the location to show parking was permitted for anyone using the shops at the location which I did. I'll be sending a CPR 31.14 request to the solicitor today.

I hope this is the all of the information for the topic but please just let me know if anything else is required. Thank you in advance.

 

 

claim.pdf

Edited July 31, 2023 by L_C

[dx100uk]

please fill out our sticky post for all questions

thank you.

 

dx

 

[Nicky Boy]

You've presumably also got LOADS of stupid letters from them prior to this, so could you also please fill ot this sticky as well?

 

[L_C]

I haven't and that's why I was shocked by this progressing.

There was no ticket on my car as I was parked correctly as per the signage.

The first letter I received was the 'Final Notice' ~first week of November.

I sent Countrywide Parking Management a letter stating this is a mistake as I was parked correctly as I was using one of the shops and I regarded the matter as closed.

I received a Trace Debt Recovery Letter on 9th November which I ignored assuming an overlap with my letter which I know was naïve. This is now the first correspondence I've had since.

1 Date of the infringement 30/08/2022

2 Date on the NTK [this must have been received within 14 days from the 'offence' date] 26/10/2022 - Final Notice Letter. PDF attached

3 Date received I don't recall exact date but would have been before week ending 4/11/22

4 Does the NTK mention schedule 4 of The Protections of Freedoms Act 2012? [Y/N?] No

5 Is there any photographic evidence of the event? Yes

6 Have you appealed? [Y/N?] post up your appeal] Yes - Letter sent explaining I used one of the shops which permits parking and regarded the matter as closed.

Have you had a response? [Y/N?]  No

7 Who is the parking company? Countrywide Parking Management

8. Where exactly [carpark name and town] 7-11 Provost Street, Fordingbridge, SP6 1AY

For either option, does it say which appeals body they operate under. No

If you have received any other correspondence, please mention it here: Trace Debt Recovery letter received just after sending my letter. PDF attached.

Notice.pdf Trace notice.pdf

[Nicky Boy]

Don't forget DX's request for the Court claim sticky as well...

[L_C]

Which Court have you received the claim from ? Northampton County Court Business Centre

Name of the Claimant :  Countrywide Parking Management Limited         

Claimants Solicitors: BW Legal

Date of issue – 17th July 2023

Date for AOS - 7th August 2023

Date to submit Defence - 18th August 2023

What is the claim for – 

1.the Claim is for the sum of £172.92 being due from the Defendant in respect of a Parking Charge Notice (PCN) for a contractual breach which occurred on 30/08/2022 in the private car park/land at 7-11 Provost Street Fordingbridge SP6 1AY in relation to a <make & model of my car> registration <my registration>.

2. The PCN was issued as the driver failed to comply with the terms and conditions, as displayed.

3. Despite demands, the charge remains unpaid.

4.The claim also includes Statutory Interest pursuant to section 69 of the County Courts Act 1984 at a rate of 8% per annum (a daily rate of £0.04) from 30/08/2022 to 18/07/2023 being an amount of £12.92.

The Claim also includes £60.00 recovery costs as set out in the Terms and Conditions and in the ATA AoS Code of Practice.

What is the value of the claim? £257.92

Amount Claimed £172.92

court fees £35.00

legal rep fees £50.00

Total Amount £257.92

 

Have you moved since the issuance of the PCN? No

Did you receive a letter of Claim With A reply Pack wanting I&E etc about 1mth before the claimform? No

[Nicky Boy]

Copy of your "appeal" letter to Countrywide please?

And just to confirm... They ignored it?

[FTMDave]

Thanks for letting us have all this information straight away - we wish everyone would do that!

Well done with CPR.

dx100uk will be on shortly with details of how to acknowledge service of the claim.

Once that is all done we can concentrate on building up evidence against them.

Yes,. please post up the appeal letter, which will be important for several reasons, including if you outed yourself as the driver.

 

.

[dx100uk]

NOTE CORRECTED DEFENCE FILING DATE! 

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.

………….

[L_C]

Thank you so much for the guidance. The Acknowledgement of Service has been submitted successfully.

CPR 31:14 request sent 1st Class on Monday and have proof of postage this time.

I'm really sorry but I don't have the exact letter any more but I knew not to use terms to confirm I was the driver and state it was an alleged contravention. It was along the lines of "The vehicle was parked in accordance with the terms on the signage which is displayed in your photo so I regard this matter as closed."

I've received another letter from the solicitors today which I've also attached.

bwlegal_030823.pdf

Edited August 3, 2023 by L_C

[Nicky Boy]

What a very "helpful, informative" threatogram...

[FTMDave]

1 hour ago, L_C said:

I'm really sorry but I don't have the exact letter any more but I knew not to use terms to confirm I was the driver and state it was an alleged contravention.

OK, this is good news.

Let's see if they reply to the CPR.

If they don't, around the time you file your defence, you can SAR them to get to the bottom of what in their diseased minds they think you did wrong.

[dx100uk]

so read down further in that court Q&A you filled out for the defence you will file.

dont miss that date!!

 

dx

 

[L_C]

Thanks all. Assuming I should wait until we're near the the defence submission date to complete that to see if they reply to the CPR first?

[dx100uk]

wel. no not for that reason ....as the defence will still be the same, generic and vague/bland, just like their POC.

but you do run it till near the 33 days yes, just to show you are not scared of them basically.

 

[lookinforinfo]

One would assume that the most likely reason for not receiving the original  PCN and a few follow up letters would be that your address at the DVLA is different from the address you are living at. 

So check with the DVLA and see what address they gave to Countrywide. The DVLA have two addresses for you and when you update your address when you move, the DVLA very unhelpfully do not update both addresses at the same time. 

[L_C]

I've had response to the CPR 31.14 request. I'll redact and post the paperwork now.

They claim I've breached their terms due to 'No permit being displayed' but all the signs at the location state 'private parking for customers using a shop in this parade'.

The signs are even in the photo's they have supplied.

I've attached the sign for reference.

They've provided a photo in an attempt to show there is no permit on my windscreen.

@LookingForInfo Thanks for the heads up, I'll definitely add that to my to do list.

Their reply does say they got my details and address from the DVLA.

They have sent copies of the letters but no proof of postage.

Parking sign.pdf

 

CPR 31.14 response attached

 

31.14 Response BW Legal.pdf

Edited August 11, 2023 by L_C

[dx100uk]

BTW there was not a windscreen PCN left i bet was there?

so they've broken lots of their associations rules as well.

 

 

[L_C]

Correct, no windscreen PCN left.

[dx100uk]

opps so they've used the anrp guidelines timelimits then.

they'll try and call it an MNPR capture but infact its someone with a camera walking around.

now they might not even be an employee of countrywide, in fact i'll almost guarantee its not. someone is paid a backhander to take photos and send them to CW. that is against GDPR laws.

is this place local?

i know it was almost a year ago but i wonder who is doing this....i spy time?

dx

 

[FTMDave]

4 hours ago, L_C said:

They claim I've breached their terms due to 'No permit being displayed' but all the signs at the location state 'private parking for customers using a shop in this parade'.

Spot on.  They haven't got a hope in hell.

[L_C]

Unfortunately it’s not local, I was on a break away

[FTMDave]

Get as many photos as you can from Google Maps.  The photos are recent  https://www.google.com/maps/@50.926243,-1.7929568,3a,51.1y,154.25h,86.81t/data=!3m6!1e1!3m4!1sASNXqT7hOiVNsuXwMKVqVw!2e0!7i16384!8i8192?entry=ttu

I have a feeling that in the signs that are above the PRIVATE PARKING ones that they may have put some rubbish about permits in electron-microscope size writing.

No way will a judge accept their tripe in court.

 

.

[FTMDave]

Nearly time to file your defence.

[L_C]

Thank you for the reminder. I’ve been looking at the template on the sticky post, is it correct that I just use the following as the defence and don’t put particulars about there not actually being a requirement for a permit as I used the shops in the parade? I note I can flesh out points 2 and 4 if it progresses further but just curious  

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.