Group Nexus ANPR PCN Claimform - Cannon Lane Retail Park, Tonbridge, TN9

[Hopgarden]

1 Date of the infringement 17/8/22

 

2 Date on the NTK [this must have been received within 14 days from the 'offence' date] 24/8/22
 

3 Date received 3/9/22
 

4 Does the NTK mention schedule 4 of The Protections of Freedoms Act 2012? [Y/N?] Y
 

5 Is there any photographic evidence of the event? Y
 

6 Have you appealed? [Y/N?] post up your appeal] N
 

Have you had a response? [Y/N?] post it up Give answer here
 

7 Who is the parking company? Group Nexus

 

8. Where exactly [carpark name and town] Cannon Lane Retail Park, Tonbridge, TN9
 

For either option, does it say which appeals body they operate under. BPA
 

There are two official bodies, the BPA and the IAS. If you are unsure,

please check HERE

 

If you have received any other correspondence, please mention it here

 I received the initial PCN and then a reminder in Sept from Group Nexus.

Then started to get threatening letters from Debt recovery plus up until Dec 22.

Then nothing until DCBLegal started writing to me threatening court action.

I ignored all in anticipation for a letter before claim which I havnt received.

Instead I was delighted (NOT) to open a county court claim form from yesterday.

I immediately went online MCOL and proceeded to acknowledge the service to give me some extra time to get your opinions on this, before proceeding any further.

I will endeavour to send you the original PCN and the last correspondence received from DCBLegal before receiving the claim form.

If there is anything else needed please let me know.

Many thanks

 

Group Nexus 1st and last letter before claim issued (redacted) Compressed.pdf Claim form (redacted)-compressed.pdf

[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.

[dx100uk]

please complete this:

dx

 

[Hopgarden]

Hi I already done the AOS today.

 

 

Which Court have you received the claim from ?

1. MCOL Northampton N1 ? Civil National Bus centre. Northampton
2. Manual Claim CCMCC (Salford) ?
3. New beta WWW.MONEYCLAIMS.SERVICE.GOV.UK ?

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

Name of the Claimant :           

Claimants Solicitors: DCB Legal Ltd

Date of issue – 29.11.23

Date for AOS - Completed AOS 5/12/23

Date to submit Defence - Monday 1st January 2024? This would be a bank holiday, so do I have to do it before because of this?

[NOTE : WHEN CALCULATING YOUR TIMELINE - PLEASE REMEMBER THAT THE DATE ON THE CLAIMFORM IS ONE IN ANY COUNT [an example: Issue date 01.03.2020: + 19 days  = 19.03.2020 :+ 14 days to submit defence = 02.04.2020: a total of 33 days]

What is the claim for – As can be seen in uploaded claim form redacted

**IMPORTANT** WE NEED TO SEE THE FULL POC MINUS YOUR PERS DETAILS>> NOT AN ABRIDGED VERSION**THIS MUST INCLUDE THE LOCATION

What is the value of the claim? not sure what this refers to

Amount Claimed 167.96

court fees 35

legal rep fees 50

Total Amount 252.96

Have you moved since the issuance of the PCN? (y/N - if Y state Date too) N

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 (redacted)-compressed.pdf

[Hopgarden]

Was shocked when I opened the letter to see it was a claim form, no notice received of this apart from the last letter I received which I already uploaded in the 1st instance. Its so depresssing

Thanks

[lookinforinfo]

The PCN does not comply with the Protection of Freedoms Act 2012-the Act that covers the parking rogues and how they run their car parks. All that means is that Nexus cannot pursue the keeper for the charge, only the driver is now liable to pay the PCN.

So be careful not to name the driver especially by taking care by never saying "I parked the car" instead of saying "The driver parked the car"

[Nicky Boy]

Now, there's a new twist in the POC I haven't seen before...

"3. The defendant is pursued as the driver of the vehicle..."

And then,

"4. In the alternative the defendant is pursued as the keeper..."

Are they allowed 2 bites of the cherry like this?

@Andyorch

[AndyOrch]

Then can write whatever they wish in their particulars but point 4 has no legal bearing or standing you cant pursue a legal keeper unless you can prove they were driving at the time.

Requires a good response in the defence/statement.

[Nicky Boy]

11 minutes ago, Andyorch said:

you cant pursue a legal keeper unless you can prove they were driving at the time

They actually say... "pursuant to POFA 2012 Schedule 4"... So it'll be a case of whether they actually complied with POFA.

Ah well, just a thought.

[Nicky Boy]

I think the defence on this one should be tweaked as andy suggests, to highlight the ambiguous wording in the POC.

Get the Judge to look at the claim with a critical eye...?

[Hopgarden]

Thank you for all your comments so far.

I thought the same about point 4 in POC re keeper liability etc.

There seems to be a bit of confusion with their dates also, because the alleged contravention occured on 17/8/22 but they dont refer to that date at all on the claim form POC only the date of issue. Also on most of the previous threatening letters I received it states that the date of contravention being the 24/8/22 when in fact it was 17/8/22, does this help our situation as this seems a mistake on their behalf (debt recovery plus and dcbl bailiffs) what do yous think?

Lastly Im just doing the CR31.14 request. Do I  just use the 3 points on the CR31.14 template? or do I need to add anything to that because of point 4 on the POC? sorry bit confused by this and would appreciate some guidance

 

[Nicky Boy]

The POC is correct with their dates. The PCN was actually issued on 24/8.

Just send the cpr request as is...

(I was rambling on about point 4 of the POC for the defence you enter later on).

[lookinforinfo]

Going by PoFA once the 28 days are past after the issue of the PCN, the charge is transferred from the driver to the keeper. So it should only be the keeper they are pursuing.

Schedule 4 S4 [1] 

Right to claim unpaid parking charges from keeper of vehicle

4(1)The creditor has the right to recover any unpaid parking charges from the keeper of the vehicle.

So it should be pointed out to the Judge the above should mean that it is the keeper that should be pursued as the keeper has failed to identify the driver and MET have made no attempt to prove who the driver  could be.

[Hopgarden]

So do I still have a good defence then?

[Nicky Boy]

Don't fret Hop,

CAG users have an 85% win rate in court cases.

The 15% is down to users not engaging with the forum properly, or making mistakes.

Also, what we call "judge lottery". When a judge is either in a bad mood or simply gets a point of law wrong! (pretty rare)

[Hopgarden]

 

Thanks @Nicky Boy

I have just been successful in them discontinuing another parking case against my husband.

I am determined to do my bit with your help and fight these tickets.

I just wished everyone else done the same because as your forum says, if everyone refused to pay they would be out of business.

As if times arent hard enough without these people trying to get money from you grrrr...

Ive created the CPR 31.14 ready to send,

can I just ask if I need to send to just the solicitors or the claimant as well?

Ill get proof of postage

Thanks

[Nicky Boy]

Just the sols is fine...

[Hopgarden]

Hi guys,

I am in panic mode.

Can someone please confirm to me the date in which this defence has to be submitted by?

I worked out it was by the 1st jan 2024 but really need someone to help me confirm this.

Im not in a good place atm, I'll be honest, I am struggling with everything atm, my mental health is not very good, so would really really appreciate some help in getting this done in time.

I am finding it really confusing to get started on the defence I need for this particular claim, as it has been mentioned that the defence needs to be tweaked because they are going after keeper as well in POC....

I have all day today and tomorrow to get this done but really need some guidance and confirmation from the experts on here. Thank you much appreciated.

[dx100uk]

On 05/12/2023 at 18:40, Hopgarden said:

Monday 1st January 2024? This would be a bank holiday, so do I have to do it before because of this?

defence is actually due the 31st dec. (date on claimform = 1 in the count - you have 33 days)

BUT you get i extra day because of the holiday period.

pers, id simply file the default defence in the court stick you filed out in post 3 just scroll down 2. how to defend

[Hopgarden]

Thanks for speedy reply @dx100uk but can you clarify where to find post 3? is the post 3 you are referring to my previous case?

thanks

[dx100uk]

this thread...........

[Hopgarden]

Cheers, got it.  Im just about to submit this via mcol website.

Thank you kindly

[Hopgarden]

Submitted. Will keep you all posted. Much appreciation for your help as always.

 

[dx100uk]

now get reading up here

100's of pcn claimform threads..

so you know whats to come

how to or not react

what comes after that.

but dont do anything else before you check with us.

 

dx

dx

[Hopgarden]