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    • Hi I received a Parking Charge letter to keeper on Monday 15/04/24, the 17th day after the alleged incident. My understanding is that this is outside the window for notifying. The issue date was 08/04/2024 which should have been in good time for it to have arrived within the notice period but in fact it actually arrived at lunchtime on the 15th. Do I have to prove when it arrived  (and if so how can I do that?) or is the onus on them to prove it was delivered in time? All I can find is that delivery is assumed to be on the second working day after issue which would have been Weds 10//04/24 but it was actually delivered 5 days later than that (thank you Royal Mail!). My husband was present when it arrived - is a family member witness considered sufficient proof? 1 Date of the infringement  arr 28/03/24 21:00, dep 29/03/24 01.27 2 Date on the NTK  08/04/2024 (Date of Issue) 3 Date received Monday 15/04/24 4 Does the NTK mention schedule 4 of The Protections of Freedoms Act 2012?  Yes 5 Is there any photographic evidence of the event? Yes 6 Have you appealed? [Y/N?] post up your appeal] No    Have you had a response?  n/a 7 Who is the parking company? GroupNexus 8. Where exactly [carpark name and town] Petrol Station Roadchef Tibshelf South DE55 5T 'operating in accordance with the BPA's Code of Practice'  
    • lookinforinfo - many thanks for your reply. It would be very interesting to get the letter of discontinuance. The court receptionist said that the county court was in Gloucester 'today' so that makes me think that some days it is in Gloucester and some days its in Cheltenham, it was maybe changed by the courts and i was never informed, who knows if DCBL were or not. My costs were a gallon of petrol and £3.40 for parking. I certainly don't want to end up in court again that's for sure but never say never lol. Its utterly disgusting the way these crooks can legally treat motorists but that's the uk for you. I'm originally from Scotland so it's good that they are not enforceable there but they certainly still try to get money out of you. I have to admit i have lost count of the pcn's i have received in the last 2 yr and 4 months since coming to England for work, most of them stop bothering you on their own eventually, it was just this one that they took it all the way. Like i mentioned in my WS the the likes of Aldi and other companies can get them cancelled but Mcdonalds refused to help me despite me being a very good customer.   brassednecked - many thanks   honeybee - many thanks   nicky boy - many thanks    
    • Huh? This is nothing about paying just for what I use - I currently prefer the averaged monthly payment - else i wouldn't be in credit month after month - which I am comfortable with - else I wold simply request a part refund - which I  would have done if they hadn't reduced my monthly dd after the complaint I raised (handled slowly and rather badly) highlighted the errors in their systems (one of which they do seem to have fixed) Are you not aware DD is always potentially variable? ah well, look it up - but my deal is a supposed to average the payments over a year, and i dont expect them to change payments (up or down) without my informed agreement ESPECIALLY when I'm in credit over winter.   You are happy with your smart meter - jolly for you I dont want one, dont have to have one  - so wont   I have a box that tells me my electricity usage - was free donkeys years ago and shows me everything I need to know just like a smart meter but doesnt need a smart meter,  and i can manually set my charges - so as a side effect - would show me if the charges from the supplier were mismatched. Doesn't tell me if the meters actually calibrated correctly - but neither does your smart meter. That all relies on a label and the competence of the testers - and the competence of any remote fiddling with the settings. You seem happy with that - thats fine. I'm not.    
    • Evening all,   So today, I was sent an updated offer that includes the £12.60 I spent on letters, but they have declined to add the interest at £7.40. They have stating 'We acknowledge your request to claim interest to date, however, this would be at the discretion of a trial judge if the claim did proceed to a trial hearing.' I think I am content with this outcome, and pushing this to a trial for a total interest of £15.30 throughout the claim does not make sense to me.   What are people's thoughts? I am sure our courts have better things to concentrate on?
    • FFRSG3424ListofEvidencepdf-V1 2-merged.pdfFFRSG3424ListofEvidencepdf-V1 2-merged.pdf 2pages T&C,s UCM
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MET ANPR 2019 PCN Claimform - Occupants left Car Park - Southgate Park, Stansted Airport ***Claim Struck Out***


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Apologies for starting what appears to be yet another thread about this infamous joke of a car park, but after receiving the usual "invoice" from MET Parking Services over FOUR YEARS ago, they've now finally sent a Claim Form!  I've had a look through a few of the threads but couldn't see any advice on what to do now they've finally taken it to this stage.

The claim is now for the original amount plus interest at 8% for the four years, plus court and legal fees.

As it's so long since this happened, I'll do my best to summarise what happened:

  • Parked 5 spaces in to the "Starbucks car park" and walked across to McDonalds - 18th July 2019
  • Received the penalty notice dated 2nd September 2019 - 46 days later so I'm sure that's outside of the usual period!
  • Did look to appeal but their shoddy appeals website wasn't secure so attempted to call them - only number to call them is the payment line!
  • I think I finally spoke to someone and they said to appeal in writing - it was 2019, they use state of the art technology but can't pay £30 for an SSL certificate - no thanks!
  • Have continued to receive various threatening letters from no less than 3 collection agencies (Debt Recovery Plus, Zenith Collections, CST Law)
  • Zenith Collections offered reduced amount with 'Notice of Intention to Commence Legal Proceedings' back in Jan 2020 
  • CST Law sent letter before claim in February 2021
  • I sent them a data protection request for the photos etc after receiving this and had a response from the CEO and 'Executive Assitant' - mentioned about the 14 days but said I'd have to speak to Debt Recovery Plus
  • Received the SAR along with the photos which were no longer available on the website at this point

Any suggestions on best next steps, I've got 14 days now to respond as I received this on Thursday and it looks like you get 5 days from the date of issue before the 14 days start.  Happy to fight this and go to court, if they have the balls to...

Let me know what information you need to assist, I have all the letters still from them and their various collection agencies.

Thanks in advance

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What response did you have to the SAR

When did you send it?

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Welcome to the Forum and well done on checking through relevant threads.

Not sure why they have picked on you to take to Court.

You have either written something to them that has singled you out as not being knowledgeable enough about the private parking laws or you have just annoyed them🙂.

To help us help you could you please fill in the questions on the form below-

 

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Yes, please fill in the sticky.

Fellow Site Team member dx100uk will be on shortly with details of how to open a MCOL account and start to defend the claim.

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We could do with some help from you.

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They provided the information very quickly actually, just over an hour, my details and all the photos they had. 

I responded highlighting the issues contacting them previously and the lack of a secure appeals portal. 

Also asked them why they continued to chase me despite issuing the invoice well outside the 14 days,

received a PDF letter the next day just saying I'd taken the decision not to appeal so had to take it up with the collection agency.  This was back in Feb 2021.

Thanks, will get that detail over to you in the morning! 

I suspect as I actually did speak to them and gone via the DPO@ address that I've annoyed them

i.e. actually found a way to get them to answer correspondence and not hide behind website query forms!

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The PCN being delivered late only means that they cannot transfer the charge from the driver to the keeper after the first 28 days. So you as keeper cannot be liable for the PCN only the driver is now responsible . As the driver could be anyone  who has a valid motor insurance policy  is able to drive your car and Court do not accept that the keeper and the driver  are the same person. so they will have their work cut out.

Good for you for annoying them. Very shortly you will be sending them a snotty letter which will not endear you to them either. But it's nothing personal, it's designed to show them that you are not scared of them or going to court.  [Ok I lied, it is personal].

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  • dx100uk changed the title to MET ANPR 2019 PCN Claimform - Southgate Park, Stansted Airport

It sounds like you've had a fair amount of correspondence with them.

So, have you "outed" yourself as the driver at any point?

Be nice to see all the comms between you.

Please upload anything you have.

We could do with some help from you.

PLEASE HELP US TO KEEP THIS SITE RUNNING EVERY POUND DONATED WILL HELP US TO KEEP HELPING OTHERS

 

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Hi, full details below of the claim, have also scanned a redacted copy less the references and my personal data.

Which Court have you received the claim from ? MCOL Northampton

Name of the Claimant :  MET Parking Services Ltd

Claimants Solicitors: DCB Legal

Date of issue – 23rd October 2023

Date for AOS - 10th November 2023

Date to submit Defence - 24th November 2023

What is the claim for  

1. The Defendant (D) is indebted to the Claimant (C) for a Parking Charge(s) issued to vehicle xxx at (346) Southgate Park, Stansted, CM24 1PY.

2. The PCN details are 18/07/2019, xxxx

3. The PCN(s) was issued on private land owned or managed by C.  The vehicle was parked in breach of the Terms and 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 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.

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 judgement or sooner payment.

3. Costs and court fees. 

What is the value of the claim?

Amount Claimed £231.04

Court fees £35.00 

Legal rep fees £50.00 

Total Amount £316.04

Have you moved since the issuance of the PCN? Yes, moved in November 2020

Did you receive a letter of Claim With A reply Pack wanting I&E etc about 1mth before the claimform? No, I don't recall receiving one recently.  Just found some more letters from Direct Collection Bailliffs Ltd (DCBL) from December 2022 - January 2023.  These were notice of debt recovery, final reminder, final notice and notice of intended legal action.  Nothing received since then.

ClamForm_Redacted.pdf

I think I've had the initial letter plus two chasers from them,

then 4 different recovery agencies, all of which have sent a 'notice of legal proceedings' letter before it going quiet then another agency sending letters months or even years later!

The only correspondence I've really had with them was the emails mentioned above plus maybe one phone call when some lad in the payment department actually answered the phone. 

I've confirmed my registration and the PCN reference but never admitted it was me in writing.

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dcb legal, a solicitor, are the ones that might have  sent a letter of claim.

in the fullness of time we will need you to scan everything in/out, by whatever method of comms, bothsides of every letter, to one mass date ordered pdf please.

phone calls do not count.

so std procedure going fwd:

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.

………….
 

please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

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I would write to the court pointing out that Met parking have not specified whether you are being pursued as the keeper or the driver.

As the Court does not accept that the keeper and the driver are the same person and that the Protection of Freedoms Act 2012 states that if the keeper does not divulge the name of the driver within 28 days of receiving the PCN then it is the keeper who becomes liable to pay for the breach.

Would the Court please confirm therefore that Met Parking should be pursuing me as the keeper.

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Concentrate on doing AOS and CPR as dx has explained.

Then come back here and we can look at getting evidence to scupper MET.

We could do with some help from you.

PLEASE HELP US TO KEEP THIS SITE RUNNING EVERY POUND DONATED WILL HELP US TO KEEP HELPING OTHERS

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Well done.

If you want to save a few bob send the letter 2nd class and get a free Certificate of Posting, that is quite sufficient as proof of postage.

We don't need to see the reminder letters, especially from the various powerless DCAs, but what is important is
   - the original PCN
   - the reply to the SAR
   - anything you wrote to them
   - if they sent you Latter of Claim.

We could do with some help from you.

PLEASE HELP US TO KEEP THIS SITE RUNNING EVERY POUND DONATED WILL HELP US TO KEEP HELPING OTHERS

 Have we helped you ...?         Please Donate button to the Consumer Action Group

If you want advice on your thread please PM me a link to your thread

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  • 3 weeks later...

So sorry for the delay, I completely forgot about this for a while!  If I calculated the dates correctly I need to submit my response by Friday so massive apologies this is very short notice!

I did send the letter to DCB Legal and received a bunch of documentation back yesterday.  I've now scanned in all the various letters and redacted them all (before re-reading your comment above that this was not needed).  I've attached redacted copies of the following as per your last message:

  • Original SAR
  • Letter before claim from CST Law - this was the only letter I ever received from them and was the third agency I'd received letters from (Debt Recovery Plus / Zenith Collections before, DCBL after)
  • MET parkings response to my SAR
  • My response to their email

I assume I now submit my defence through the MCOL website?

 

docs1.pdf

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On 30/10/2023 at 09:28, TravellingTechy said:

Date to submit Defence - 24th November 2023

the defence you'll be filing is already in the sticky further down from where you completed the above from.

dx

please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

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Thanks for the quick responses.  I've read through the sticky and the related link and drafted the following:
 

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 was the recorded keeper of [xxx] on the date in question.

2. 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.  

3. It is denied that the Defendant breached any terms and conditions set on private land.

4. It is denied that the Defendant entered into a contract with the Claimant, or broke any such contract.

5. It is unreasonable for the Claimant to delay litigation for over four years and to claim more than four years' interest.

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.

Is that sufficient for now?

Edited by FTMDave
Extra info added
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I've added an extra point in red to the defence.  File it when you want.

We could do with some help from you.

PLEASE HELP US TO KEEP THIS SITE RUNNING EVERY POUND DONATED WILL HELP US TO KEEP HELPING OTHERS

 Have we helped you ...?         Please Donate button to the Consumer Action Group

If you want advice on your thread please PM me a link to your thread

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  • 3 weeks later...
On 21/11/2023 at 23:26, TravellingTechy said:

Great, thanks, I wasn't sure how much detail to put in at this stage.  Defence submitted, thanks for all your help.

Hello Travelling Techy.

How are things going with this Court Claim? I am in the same situation with Met parking and was sent a Court Claim recently by dcb. My 14 days are up on soon and keen to know what you got in reply.

I will defend this as well.

 

 

.

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There have been a few claim forms since, almost all sent to people who ignored the Letter of Claim.

But yes, please start your own thread, everyone's circumstances are different.

We could do with some help from you.

PLEASE HELP US TO KEEP THIS SITE RUNNING EVERY POUND DONATED WILL HELP US TO KEEP HELPING OTHERS

 Have we helped you ...?         Please Donate button to the Consumer Action Group

If you want advice on your thread please PM me a link to your thread

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keep a weekly watch on MCOL claim history for mention of DQ N180's being sent out IF they wish to progress it and not let it get autostayed.

but be aware we know that just last week CNBC were only just processing paperwork for 4th oct!

so dont start cheering for at least 8 weeks....or more.

please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

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