MET PCN Claimform - Driver Not On Premises - (346) Southgate Park, Stansted, CM24 1PY

[Headshaker]

Hi there,

I was traversing through forum to search for any MoneyClaim Form regarding PCNs received at Southgate Car Park - Stansted but couldn't find anything.

I have received PCN around 26-27th September 2017 (attached) and since then I have received numerous of debt collector letters and finally have received MoneyClaim Form.

Unfortunately I have identified myself as the driver as I wasn't aware that this the worst thing to do in this case.

My situation is exactly the same as the others who have parked at this car park. I have parked at Starbucks and left to McDonalds as Starbucks was busy at that time.

I have appealed to Met Parking and obviously have received appeal rejection reply on 5th October 2017
POPLA appeal failed as well. I have received response from them on 24th October 2017 (I no longer have access to it but requested Subject Access Request under GDPR). Appeal was submitted afterwards the Met Parking response but I don't have exact dates as it was long time ago.

Since then I was ignoring all the debt collector post until I have received Claim Form. I have acknowledged it with intention to defence and it's nearly 28 days from the date of service (Due date to submit defence is 11th September 2023)

I did try to contact DCB Legal LTD  who did submit Claim Form with some defence but I'm pretty sure they won't respond before then:

Quote

Following your recent claim with Northampton moneyclaim online, I have acknowledged your claim form. At all times I have acknowledged I was the driver and corresponded accordingly.

Your claim relies on me breaching the Terms and Conditions of parking at the service station near Stansted Airport, of which I did not. It would appear that I am not the only driver to fall short of what could possibly be described as obtaining money by deception, and as such I am prepared to have my day in court. I provide a link to a recent newspaper article:

https://www.theguardian.com/money/2018/nov/10/parking-fine-starbucks-mcdonalds-stansted-southgate-park

Before parking at this carpark, I also reviewed the Terms and Conditions, like other drivers have and noted from the T&C’s that I was entitled to park for an allowed period of time, of which I did. It is not reasonable, and I don’t think any judge would disagree, that I am obliged to walk around, what can only be described as one ‘service area’ to check to see if the different bays have different parking terms and conditions. It is clear that this would be unreasonable. Having checked the T&C’s that I did, which to my recollection was free parking for an hour. My stay was only around 5 minutes.

This is all documented, I have this acknowledged by your client and I have a picture of the sign / terms and conditions I read and had no reason to doubt.

As a gesture of goodwill, I am however prepared to make a settlement of the legal disbursements to date and end this matter.

I would be grateful for a reply before 11th September

Not sure if this will change anything.

 

Any help with this will be very much appreciated

Claim Form - obscured.pdf

original-pcn.pdf

[honeybee13]

Hello, welcome to CAG.

Well done for doing the AoS on MCOL.

Please let us have the information requested in the forum sticky so we can advise you further. If you scroll quite a long way down the first post, you'll see our suggested 'generic defence'.

Best, HB

[Headshaker]

Which Court have you received the claim from ?

1. MCOL Northampton N1 ?

If possible please scan redact and upload a full page copy of page 1 of the claim form. (not the response page or AOS) - Attached 

Name of the Claimant :           Met Parking Services

Claimants Solicitors: DCB LEGAL LTD

 

Date of issue – 09 August 2023

Date for AOS -  28/08/2023 - Already submitted on 22/08/2023

Date to submit Defence - 11/09/2023

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 (346) Southgate Park, Stansted, CM24 1PY
2. The PCN details are 12/09/2017, AB91145
3. The PCN(s) was issued on private land owned or managed by C. The vehicle was parked in breach of the Terms on Cs 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 PC(s) is outstanding. The Contract entitles C to damages.

AND THE CLAIMANT CLAIMS

1. £170 being the total of the PCN(s) and damages.
2. 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 £0.01 until judgment or sooner payment.
3. Costs and court fees

What is the value of the claim?

Amount Claimed - £255.08

court fees - £35.00

legal rep fees - £50.00

Total Amount - £340.08

Have you moved since the issuance of the PCN? (y/N - if Y state Date too) - Y - I have moved multiple times - last time was 3 years ago in August 2020

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? - N

 

Claim Form - obscured.pdf

[honeybee13]

Thank you for that, the guys should be along later.

I'll alter your thread title to show there's a claimform.

HB

[Headshaker]

Thanks @honeybee13

To add up to this, as far as I remember I've never agreed to pay within 28 days as stated in pt. 4 of Particulars of Claim

[dx100uk]

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.

[Headshaker]

Thanks @dx100uk

I don't have much time left unfortunately  (my bad as I haven't found this helpful forum in time). I have only tomorrow and Monday  11th is last day.

DCB Legal LTD got their "Defendant Response" form.

Defendant Response | DCB Legal

DCBLEGAL.CO.UK

Also, in my defence should I use your template ? Would it be enough ?

 

Also, you did say "Your name ONLY", Should i include my postal address ?
I assume they need to know address to which they should send documents ?  (may be a silly question)

[FTMDave]

What an absolute pig's ear of a PCN.

The utter parasites have also sued you only a few days before the "debt" would be statue barred in order to claim a vast amount of interest.

Don't worry, our template defence will be enough - or nearly enough - and their case is pants.

 

You've done AOS, good.

Get CPR off tomorrow as dx has explained.

For your defence, go to  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/

Scroll down to  Q2) How should I defend?

There you will find our template defence.

Change (6) to (8) and insert a new (6) & (7).

(6)  The Claimant did not respect the Pre-Action Protocol and did not send a Letter of Claim to the Defendant.

(7)  It is unreasonable for the Claimant to delay litigation for nearly six years, until the matter in dispute was nearly statute barred, in order to claim nearly six years' interest.

[dx100uk]

1 hour ago, Headshaker said:

Also, you did say "Your name ONLY", Should i include my postal address ?

read what it says 

dont SIGN THE LETTER ..type your name

[Headshaker]

Thanks @dx100uk and @FTMDave for your replies. I did post CPR 31.14 request to the DCB Legal. It will reach them on Monday / Tuesday.

I'm about to submit defence. On step 5 there are fields with phone number and email address to enter. Should I fill these in ?
I was reading somewhere else on this forum that I shouldn't provide email address to the Claimant but I'm not sure if this applies to MCOL Defence process.

Thanks

 

[Nicky Boy]

13 hours ago, Headshaker said:

To add up to this, as far as I remember I've never agreed to pay within 28 days as stated in pt. 4 of Particulars of Claim

Just to explain this Headshaker.. The fleecers are referring to the (imagined) "contract" they have with you... In other words the carpy signage in the car park.

All of these PPC cases revolve around their "contracts". They don't like to think so, but there's FAR more to it than just claiming a contract is in force.

I'm sure one of the other team members will answer your last question, but I THINK stuff like this entered on mcol stays there and isn't seen by the fleecers... Guys?

[FTMDave]

That's right.  No problem with MCOL.

[Headshaker]

Defence submitted.
Now let's wait and see...
Thanks guys

[FTMDave]

 

Now you've done all the essential stuff, I'm thinking about your appeal to MET where you outed yourself as the driver and maybe made other admissions.

Also MET rarely do court for this car park so I'm wondering what has emboldened them.

Do you still have the appeal after six years?  Unlikely I know.

If not maybe SAR will be the way to go.

 

[Headshaker]

I did request SAR from POPLA on 25th August 2023 (as I can't access my case there anymore) and they will respond within 35 days. I may do the same for MET.

I have only MET reply to appeal and my response to them on that:

05/10/2017

Dear Sir/Madam

It is not intuitive that Starbucks and McDonalds have completely different car parks. I was in rush to get quickly to toilet and haven’t noticed any signs saying I can’t use car park where I have parked.

Anyway, I could understand car park charge for staying longer but I’ve been out of my car JUST FOR 5 MINUTES to make a pee. 

I’m going appeal to POPLA as your notice is ridiculous.

All the information was entered on MET and POPLA websites and unfortunately I don't have copies of these.

MET Appeal reply.pdf

I also have the reply from DCB Legal LTD to message from my first post but I have replied to them immediately saying:

Hi,

Please do not contact me through email in any matter.

 

Thanks,

Good Morning,

We thank you for your recent email.

We take the confidentiality of our matters very seriously and as a result, we ask you to answer the following security questions in full before we can correspond with you via email.

Please could you confirm:

• Your full name
• First line of your address
• Postcode

   

By responding to this email, you consent for us to use this email address for communication in relation to your case, this may contain information that is personal to you. When communicating by email, please remember that it may be ‘unsecure’. If at any time, you no longer wish for your personal information to be communicated by email, or you no longer have access to this mailbox, please notify us immediately.

 

Should you prefer to discuss this matter on the telephone, please do not hesitate to contact us on 0203 434 0437.

Edited September 8, 2023 by Headshaker

[dx100uk]

thats why you WRITE a LETTER and send via Royal mail with free proof of posting to tell them NOT TO USE EMAIL

dx

 

[dx100uk]

2 hours ago, Headshaker said:

I did request SAR from POPLA on 25th August 2023 (as I can't access my case there anymore) and they will respond within 35 days.

who said do that.

dx

 

[FTMDave]

Every case is of course different.  Having said that, similar arguments to defeat the fleecers tend to surface regularly.  What is somewhat worrying is the amount of detail you've given away so a lot of these arguments can't be used.

KEEPER LIABILITY  You've outed yourself as the driver.

GRACE PERIOD  You've admitted being there for the entirety of the 5-minute grace period, that you did enter one of the shops/restaurants and that you weren't a genuine customer but there just to use the toilet.

This is not fatal, just that instead of a series of arguments the case will probably come down to one, namely that their signage is rubbish and doesn't clearly show where one car park ends and another begins.

I think a SAR to MET (not to DCBL) would be a good idea so you can see what you wrote in the appeal.  Invest in a 2nd class stamp tomorrow and get a free Certificate of Posting from the post office.

[Headshaker]

3 hours ago, dx100uk said:

thats why you WRITE a LETTER and send via Royal mail with free proof of posting to tell them NOT TO USE EMAIL

dx

 

I would really like to know this before I found this forum 

 

3 hours ago, dx100uk said:

who said do that.

 

Again, done before I found you guys ... 

 

2 hours ago, FTMDave said:

KEEPER LIABILITY  You've outed yourself as the driver.

GRACE PERIOD  You've admitted being there for the entirety of the 5-minute grace period, that you did enter one of the shops/restaurants and that you weren't a genuine customer but there just to use the toilet.

I have admitted all of that in my very first communication to MET Parking which was appeal through their website 
At that time it was my first and only parking ticket and I didn't know that these companies are soo bad...

[FTMDave]

All of us on this forum have made mistakes in legal dispute.  I've made loads.  The important thing is to learn and get it right in future.

However, there's no point denying that some damage has been done.

But, spilt milk and all that.  Get the SAR off tomorrow.

Edited September 8, 2023 by FTMDave
Typo

[lookinforinfo]

it is a scam site. One parking site but two different sets of rules. One for McDonalds and one for Starbucks using CCTV cameras rather than ANPR. Look up You tube "Joe Lycett on Southgate park stansted. It's pretty damning.

[FTMDave]

I had a good laugh at the TV programme LFI!  @Headshaker should ask the judge for permission to show the first part in court.  Even if that is refused, the still with the signs showing the sentence about McDonald's in electron-microscope readable print will be the OP's ace.

I've looked at other MET cases on the site - well, the first 50 really - and in not one case have MET had the gonads to do court.  I'm wondering if they have had a change of company policy or whether it is the various admissions in writing that the OP has made which has made them chance court this time.  The reply to the SAR will be very useful.

In any case, the OP has on their side the pathetic signage and the lack of any visible division between the car parks.

    

[Headshaker]

Agree, the TV programme made me laugh too. Thanks @lookinforinfo  
I'm not really sure why they hang at me specifically. I can't remember doing more than admitting myself as driver, that I went to McDonalds  and that my whole stay was 5 minutes total (which they already knew from CCTV.

SAR went off to MET on Saturday.

Edited September 11, 2023 by Headshaker

[Headshaker]

There is also a petition against Stansted Southgate Car Park.
Might be worth to support it (although not sure if it will change anything): 

Petition · Starbucks and McDonald's: End Aggressive Parking Fines · Change.org

CHNG.IT

---

You MUST confirm your signature by clicking on the link sent to your email (check the spam folder) As widely reported in the media, customers to Starbucks and McDonald's Stansted Airport are being issued parking...

 

[dx100uk]

so reverse trespass trap, walking off site leaving your car .

they cant issue you a ticket if you leave the car park on foot, and trespass on another site even if they manage both. they are now the land owner 

think this needs to be moved fwd a bit now

its gone dead in recent months.

judges need to be aware of it.

dx