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      OT APPROVED, 365MC637, FAROOQ, EVRi, 12.07.23 (BRENT) - J v4.pdf
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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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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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  • dx100uk changed the title to MET ANPR 2019 PCN Claimform - Southgate Park, Stansted Airport

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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  • 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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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
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  • 3 weeks later...

Looks like I spoke too soon,

a letter had arrived this week whilst I was working away! 

DCBL confirming that MET intends to proceed with the claim. 

Dated 24th November but must have only arrived Monday or Tuesday. 

Mentions that their client may be prepared to settle the case and to call them within 7 days.

Nothing on the claim history in MCOL yet about DQ's.

They've also said Yes to question A1 where it asks if they agree to the case being transferred to the Small Claims Mediation Service.

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  • dx100uk changed the title to MET ANPR 2019 PCN Claimform - Occupants left Car Park - Southgate Park, Stansted Airport
  • 5 weeks later...

Hi, 

I received the Directions Questionnaire a week or so again from them (apologies for the delay, away with work...again!)

Any recommendations on what to put on this, is there a sticky to read through on this one?  I did have a quick look but couldn't see anything obvious.  

Thanks

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Thanks for the quick response HB.  Having read through some other posts on the N180 relating to PCN's, am I correct with the following responses:

Section A

Do you agree to this case being referred to the Small Claims Mediation Service?    NO

Section C

Do you agree that the small claims track is the appropriate track for this case? YES - I assume this is the only answer given the amount of the claim etc, regardless of whether I agree with it?

Section D

Do you consider that this claim is suitable for determination without a hearing... NO - based on what I've read elsewhere I assume this is NO as I don't want them to decide this without me being able to argue my case properly?

Section E

On the hearing venue, I assume I can just select the closest one according to the court finder on gov.uk?  What service needs to be listed for it to be suitable?

 

The letter states 19th January 2024 as the date, does the completed copy need to be with the CNBC by then, or just posted by then?  Then just an additional copy to their solicitors, and one for me?

Thanks again, sorry it's all last minute!

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  • 1 month later...

I've just just received a letter from the local county court this morning saying that after consideration of the file and directions questionnaire etc etc....

it is ordered that The Claim is Struck Out!!!!!

I won't pretend that I understand all the detail as to why, but basically they said the particulars of claim were inadequate, neither the court, nor the defendant is able to understand why the claim is being pursued, and the particulars don't state all the necessary facts, despite the option to provide more detailed particulars.

It says both parties have the option to have the order set aside, varied or stayed, but hopefully they might finally give it up now after 5 years!!!

Thank you so much for all your help on here, it's a fantastic website and service you provide, I'll definitely be making a donation.  Still feel like I can't get too excited yet, but hopefully that's the end of it.... :-D 

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