MET ANPR 2019 PCN Claimform - Occupants left Car Park - Southgate Park, Stansted Airport ***Claim Struck Out***

[TravellingTechy]

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

[BankFodder]

What response did you have to the SAR

When did you send it?

[lookinforinfo]

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-

 

[FTMDave]

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.

[TravellingTechy]

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!

[lookinforinfo]

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].

[Nicky Boy]

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.

[TravellingTechy]

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.

[dx100uk]

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.

………….
 

[lookinforinfo]

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.

[FTMDave]

Concentrate on doing AOS and CPR as dx has explained.

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

[TravellingTechy]

Thanks for your help everyone.  I've submitted the AOS and done the CPR letter which I'll send recorded delivery tomorrow.

I'll make a start on scanning stuff in and redacting...might take a little while!

[FTMDave]

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.

[TravellingTechy]

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

[honeybee13]

Show us the defence you plan to submit before you put it on MCOL though, please.

HB

[dx100uk]

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

[TravellingTechy]

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 November 21, 2023 by FTMDave
Extra info added

[FTMDave]

I've added an extra point in red to the defence.  File it when you want.

[TravellingTechy]

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

[Mrk38]

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.

 

 

.

[honeybee13]

Hello, welcome to CAG.

If you would like us to advise on your claimform, please start a new thread of your own. This one is for advising Travelling Techy. You need to meet court deadlines for the claim.

HB

[Mrk38]

Thank you Honeybee13, I will open my own thread.

It had been nearly a few weeks and wondered what TravellingTechy had heard. It seems he is the first one to receive the court claim form.

 

[FTMDave]

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.

[TravellingTechy]

I received a generic response from the court acknowledging my defence but that's it so far, not heard anything more to say they want to persue this any further.

[dx100uk]

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.