Premier/Gladstones ANPR PCN Claimforms - CAPITAL SHOPPING PARK LECKWITH ROAD CARDIFF CF11 8EG

[dx100uk]

34 minutes ago, tarm39 said:

I have the defence template but no idea how to actually "defend" this. 

from the above its very obvious you've not been reading up ...sorry.

[tarm39]

Dx

I have been looking up the pcn posts, hence why my defence is the one above which now seems to elaborate even though it is literally the one posted as a recommendation to look at on this thread. these things are what are very confusing to me. 

I struggle with the silly little things that make me very frustrated.... such as right now i am "logged in" to MCOL yet I cant do a single thing,

I cant respond to a claim as it wont let me log into that even though the password etc is 100% correct.

I cannot find for the life of me where this "defence" section is i cant even get past the home page part where i am actually logged in... 

claim number or password is incorrect... 

it isnt. 

 

[dx100uk]

slow down calm down.

MCOL often has hissy fits of an evening.

try again tomorrow

but you do exactly the same as you did when you filed AOS

you just click on submit a defence instead of acknowledge a claim

there is no rush, and even if it does fail tomorrow you have until the 13th 4pm

and if that does not work, it can be emailed.

goto this sticky

Received a Court Claim From A Private parking Speculative invoice?? - How To Deal With It HERE***Updated Dec 2021*** - Private Land Parking Enforcement - Consumer Action Group

scoll DOWN to Q2 defence

thats the one you file.

so find that and copy and paste it here ready for Mcol or an email.

dx

[tarm39]

this happened on the weekend as well as during the week last week it simply wont let me go any further than that and the details are 100% correct. 
I did the AOS perfectly fine but for a week now it is not letting me log in to respond it just keeps saying incorrect claim number or password and i mustve checked it 1000 times now I think i know the details off by heart. 

I have the template defence saved on a file ready to go

 

he 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.
 

[Nicky Boy]

You must be careful reading older threads, as things can and do change over time.

Also, to be fair  we did point you to the defence a number of times.

[tarm39]

I had that template defence ready to go on the same day i did the AOS.

i was just waiting a little to see if they replied or I thought they could turn around and say they weren't given any time to respond if i were to base my defence on them not replying, which i thought was the entire purpose of the CPR, although i must admit my apologies for lack of research on the CPR part 

[dx100uk]

which is why again, we say don't file until near the defence filing date, CPR 31:14 is SOLELY a REQUEST, it is NOT legally binding they MUST.

MCOL is only one way of responding during a claim. 

for AOS, DEFENCE, N180 ETC 

- If you are having problems logging in or would prefer not to use MCOL, 
you can fax, email or post the above responses to the Court instead. 

If you send your response by e mail 
to file the above  by email :

[email protected]

ensure you quote “Claim number xxx xxx (type of response i'e AOS , Defence, N180)” in the subject field. 
.

[tarm39]

Thank you for your help. I will try again to log in to respond on MCOL and if it does not work I will just email them my response. Strangely on a side note, my brother in law has not received a court letter like this at all yet and we were all there on the same day. 

If MCOL does not work I hope email will be suffice as I hate sending emails without proof they received them. 

So MCOL still isnt working... will just email them. 

I have emailed the generic defence template off to the court. 

Also I am doing this not only for myself but for my mother in law, she was the registered keeper but isn't now as they sold the car.

For the defence I assume nothing changes as she was the registered keeper at the time?

I can of course amend it to fit her circumstances but just wanted to check first. 

thanks

[Nicky Boy]

I presume you're on about:

On 09/10/2023 at 20:06, tarm39 said:

1.  The Defendant is the recorded keeper of [motor vehicle].

Yes, it's fine.

The fact that she isn't the keeper now, makes no odds. She was at the time...

[lookinforinfo]

The PCN you showed  does not comply with the Protection of Freedoms Act 2012. This means that the the keeper is not liable for the charge only the driver can be pursued. this obviously gives Premier a problem since there are hundreds of people who are bale to drive your car. 

i read that at least three of you were in the ar park on the 9th December. If one of the drives was not also the keeper that keeper has the perfect defence why they are not liable for the debt. they should also take care not to let Premier know who was driving. 

[tarm39]

She was the registered keeper of the vehicle at the time but she sold the car a few months ago and was wondering if that alters the wording on the defence as I am doing hers as well for her 

[dx100uk]

no just file the bland defence 

i have edited some of your posts where you mention something else at the time..dont want people spying here do we.....

dx

 

[dx100uk]

you now need to seriously get reading up.

use our enhanced google search box 

PCN Claimform

read about 20-30 threads.

dx

 

[tarm39]

today I got a letter through the post saying I have not replied to the claim form and that I am ordered to pay the claimant £172.49 for debt and interest to date of judgement. And £110 for costs 

you must pay the claimant £282.49 

I sent an email to them and got a receipt of delivery and my mother in law has had the exact same letter and we both sent the defence email to the email address given above by dx100. 

why have I received this letter?! 

[honeybee13]

Could you post up the letter please? Cover up your personal details, etc.

HB

[tarm39]

judgement for claimant 

 

judgement for claimant.pdf

[honeybee13]

Thank you.

So did you acknowledge the claim on MCOL?

HB

[tarm39]

Yeah we both did but we couldn’t get back into MCOL so we sent the defence via email on the 11th October and now we’ve had these letters. 
Not good 

Also my mother in law spoke to them on the phone today after waiting a long time to get put through and she was told it was emailed to the wrong department (nice of them to forward it to the right place rather than send a letter saying we ignored it)

she was told to email it to a different email instead and to forward the email we send on the 11th October with the defence to show we sent it before the deadline and they might let us off? 
 

At the bottom of the email it says they will aim to reply within 10 working days… which is too late surely if they take that long when I’ve got this letter? 

[dx100uk]

On 09/10/2023 at 20:16, dx100uk said:

which is why again, we say don't file until near the defence filing date, CPR 31:14 is SOLELY a REQUEST, it is NOT legally binding they MUST.

MCOL is only one way of responding during a claim. 

for AOS, DEFENCE, N180 ETC 

- If you are having problems logging in or would prefer not to use MCOL, 
you can fax, email or post the above responses to the Court instead. 

If you send your response by e mail 
to file the above  by email :

[email protected]

ensure you quote “Claim number xxx xxx (type of response i'e AOS , Defence, N180)” in the subject field. 
.

 

the email address above was the one you sent it too?

[tarm39]

Yes correct and apparently that’s the wrong email it should be [email protected] 

[dx100uk]

thats from THEIR website they have changed name now to CNBC

go look yourself 

there is no warning you must not use the new emails addresses if you have an existing claimform

infact in the blurb i read its says you can use the new or the old Emails addresses.

pers id complain.

dx

 

[tarm39]

Is complaining going to help me?

I’m now stuck with this letter and almost certainly now I need to pay the fine? 

I’m a bit stuck now with understanding what solution there is to this? 

[dx100uk]

its not a FINE! never was. never can be.

you have a judgement for claimant because of a court error IMHO.

you need to complain to the court in writing that you sent the defence in on time, you have email acknowledgement you did and the judgement should be annulled.

ping @Andyorch

dx

 

 

 

[tarm39]

I’ll send it in writing but not sure how long I have before I need to start panicking and if I need to actually pay this 

[jk2054]

No no, you can use the e filing email.

Also you will want to appeal the judgement to say you used the email that you ARE entitled to use. Court errors arent your problem.

May be best to call and ask WHY it wasn't updated properly, but you can just go to a set aside hearing, tell judge court web wasnt workign so you sent by email to email that court permits.

 

court didnt update it which resulted in default

 

you request for set aside to permit a defence to be filed

 

saw one of these sort of cases earlier today in my familirisation visit where a funeral insurance company didnt have their defence filed because their response got lost a CCMC. They got it set aside.

 

I see no reason why you wouldn't.

 

N244 is the form you need to fill to set aside FYI.

Edited October 24, 2023 by jk2054