MET/DCBL ANPR PCN Claimform - no other paperwork i moved! - overstay - (346) Southgate Park, Stansted. CM24 IPY

[Worazz]

PCN Sticky

1. Date of the infringement Allegedly 02 January 2020.

2 Date on the NTK [this must have been received within 14 days from the 'offence' date] No idea, never received PCN letter.

3 Date received Never received. The letters of debt collecting - first at 18.01.2023

4 Does the NTK mention schedule 4 of The Protections of Freedoms Act 2012? [Y/N?] No idea, never received PCN letter.

5 Is there any photographic evidence of the event? No idea, never received PCN letter.

6 Have you appealed? [Y/N?] post up your appeal] No appeal. Never received the PCN letter.

7 Who is the parking company? MET Parking Services

8. Where exactly [carpark name and town] Southgate Park, Stansted CM24 1PY

For either option, does it say which appeals body they operate under. BPA Logo at bottom of letter.

 

Court Sticky:

Which Court have you received the claim from ? Civil national business centre, Northampton NN12LH

Name of the Claimant :     MET Parking Services Ltd       

Claimants Solicitors: DCB legal Ltd

Date of issue – 21/11/2023

Date for AOS - 10/12/2023

Date to submit Defence - 24/12/2023

What is the claim for –.

1.The defendant (D)is indebted to the claimant (C)for a parking charge issued to vehicle LE**G** at (346) Southgate Park, Stansted, CM24 1PY.

2.The PCN were issued on  02/01/2020.

3.The defendant is pursued as the driver of the vehicle for breach pf the terms on the signs (the contract). Reason: Overstay.

4.In the alternative the defendant is pursued as the keeper pursuant to POFA 2012, Schedule 4.

AND THE CLAIMANT CLAIMS

1. £170 being the total of the PCN(s) and damages.

2. Interest rate of 8% per annum pursuant to s.69 of the County Courts Act 1984 from the date hereof at a daily rate of £.01 until judgement or sooner payment.

3. Costs and court fees.

What is the value of the claim? £170

Amount Claimed £225.60

court fees £35

legal rep fees £50

Total Amount £310.60

Have you moved since the issuance of the PCN?  Yes

Did you receive a letter of Claim With A reply Pack wanting I&E etc about 1mth before the claimform?  No

Hi All,

Sure this won't come as a surprise to you all, but another victim of the shoddy MET Parking Services and the ridiculous parking scenario at the Starbucks/McDonalds parking area near Stansted Airport.

New story - I read a lot of yours but I have not seen one as mine.

I bought myself a house end of December 2021, and this January I got a Debt Recovery Notice about an alleged infraction on 02 January 2020, the vehicle mentioned I was the keeper at the time and the vehicle itself has been scrapped on the 29 November 2020.

I tried to call the number but there was no customer service, only call-to-pay line. Also the letter stated I cannot dispute the charge and next time to dispute it will be in court I thought it is a scam and ignored it until last week I got the Claim Form for County Court.

Thanks,

Worazz

 

 

2023-04-04 DCBl letter + Claimform.pdf

[honeybee13]

Hi.

You need to edit the pdf's in post #1 please. You've left reference numbers and your car reg in the documents.

HB

[honeybee13]

I'll remove the pdf files from post 1.

HB

[Worazz]

Thank you HB.

If I can provide any more info or anything I will, just let me know, I have yet to send away aknowledgment of service form signed, should I do it asap?

[honeybee13]

Don't worry, if we need anything else we'll ask.

Hopefully @dx100uk will be along soon with his instructions on how to do the AoS. Please bear with us until he can get here.

HB

[dx100uk]

thread title updated

pdf's sorted (name was still showing!)

everything now in post 1.

....................................

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.

 

[Worazz]

Thank you, MCOL defend all, no jurisdiction challenged, all edited the sample, printed and sent.

In terms of defence itself, will I be able to find anything on this forum?

[dx100uk]

look further down in the court Q&A sticky but dont file yet run the 33 days.

best you use those days till read read read and read more on PCN claimform threads here.

dx

 

 

[Worazz]

Thank you dx, I'll definitely do read a lot, I like reading and learning new stuff, and have some time in the evenings

[FTMDave]

Yes, if you do a search on the forum you will see we have a lot of threads for this place.  It's basically a scam site.

Yours is only the second case we've seen in years & years where they've done court though, undoubtedly because you'd moved and you didn't reply to a Letter of Claim.

When you wrote "printed and sent" you did mean the CPR request, right?

 

[Worazz]

Thank you Dave, yes I have been reading a lot, but as you already mentioned mine is court one for some reason.

Yes, the CPR request - printed and sent after completing the AOS online, as per dx's instructions.

 

And yeah the full timeline had me scrapping the vehicle and moving to new place in between the date of alleged contravention and receiving first "debt recovery" letters. To none of them did I respond as all of them said that I cannot dispute the charge as seen in the letter attached.

02/01/2020 - alleged contravention

29/11/2020 - scrappage of mentioned vehicle that I was still the registered keeper of and V5 had my address of the time on it since DVLA was reaching me and they had my details from them it should be correct

02/02/2022 - I move to my new place

18/01/2023 - first letter of debt recovery to my new address

21/11/2023 - letter of claim raised to county court

Funny enough I never used that parking, since I didn't see the pictures (the PCN or any reminder was never sent to my address in the first place, on the 18/01/2023 it was literally the first contact)

I cannot even take a look whether it was my housemate as he sometimes borrowed my car, but then again I checked my emails and everything and on 01/01/2020 I was flying into the country back from holiday and was landing at Luton London Airport so me myself definitely had no business in Stansted area.

I cannot even check for mercy period, whether that was actually my car or reg clone, nothing, as I never had that letter in my hands, sadly.

[FTMDave]

Don't worry, this is a scam site and has been exposed as such on national television.  We're here to help you fight this.

Please come back on the forum when your defence is due and we can assess what to do depending on whether MET reply to the CPR request or not.

[Worazz]

Thank you Dave,

 

I will definitely do.

[Worazz]

PCN Sticky update - I have received copies today

1. Date of the infringement 02 January 2020

2 Date on the NTK [this must have been received within 14 days from the 'offence' date] 08 January 2020 generated, never received, technically.

3 Date received Never received. The letters of debt collecting - first at 18.01.2023

4 Does the NTK mention schedule 4 of The Protections of Freedoms Act 2012? [Y/N?] No.

5 Is there any photographic evidence of the event? Yes, CCTV and ANPR, but it's literally just plates and lights of the vehicle.

6 Have you appealed? [Y/N?] post up your appeal] No appeal. Never received the PCN letter, because the car was registered to my old address.

7 Who is the parking company? MET Parking Services

8. Where exactly [carpark name and town] Southgate Park, Stansted CM24 1PY

For either option, does it say which appeals body they operate under. BPA Logo at bottom of letter.

...........................

my defence needs to be posted by this Sunday, the 24th of December 2023.

I did receive a package today from dcb legal, please see the contents attached.

Apart from all those below, there is a lot of photos of their signs and their location on site and copy of their contract with the landowners with redacted information they found irrelevant. I can add those if needed.

Now in terms of the address on the PCN letter

- it is the place I used to live for a year after I bought the car, but I moved in Sept 2019, 4 months before the alleged contravention.

I phoned DVLA looking to get information for which address the car was registered to at the time, and the call centre gave me information that the car is not only registered to my address two places back (the one I lived at before 04/09/2019) but also I am still registered keeper of this SORNed vehicle, they never got the info about scrappage.

Guess this is what I got for sending V5C after moving via post, especially since I only noticed I don't have it when I was sending it for scrap, but scrap guys said they don't need it, so I was not too fussed, never would have thought I didn't have a copy,

I went through all of my documents and it is not there, because I sent mine out and it was lost in the post, and I do not have any proof of postage, as this is just V5C address change, and also that apparently scrap guys don't let DVLA know that they are scrapping a vehicle.

And the photos from CCTV and ANPR look like my plates, the shape of lights seem like my car as well, but no idea who was the driver at the time and if this is actually my car, as I mentioned before I flew in to Luton airport on 01.01.2020 in the evening after sleeping off a New Year's party abroad, not a chance it was me at Stansted on the 02.01.2020 at 05:42AM.

First and foremost since the defence submit date is on the weekend I need to upload it before 4pm tomorrow (Friday, the 22nd of December 2023).

Second

if I prove that I have moved before as I have an email of change to the address of the car for car insurance policy, I think I could get my address history in terms of DVLA for my driving license, and my rent agreement and stuff, as much as my V5C was lost in post, would that prove it that the letters could not be delivered as neither myself nor the car lived at the address that was there with DVLA and would tank the case straight away?

Thanks to that I know the exact date of moving - it was 18/10/2019 - that is when I moved away from the address the letters went to and changes all of my banks, insurance, driving license and V5C. As mentioned, all was well and apparently my V5C sent off with change of address never made it.

Unfortunately road tax emails don't have my address, so they cannot show that I moved.

I also spoke to my housemate of the time - it is highly probable he was driving his guests from the States who came round for New Year's using my car and it would make sense that it made an appearance at Stansted in early morning hours on the 2nd when I was sound asleep.

I finished taking photos of the rest of the package that came in today.

The last few pages that are photos of the contract they came in such great quality I believe just to make it harder for any Defendants.

I will be with you guys in the morning, drafting the defence, sorry I came back only tonight just as the deadline draws within less than a day, I was occupied with my divorce case, quite more costly than this one.

No idea when those photos were taken, 2020 or now.

 

DCBL CPR Return inc full contract with T&Cs.pdf

[dx100uk]

On 06/12/2023 at 18:48, dx100uk said:

look further down in the court Q&A sticky but dont file yet run the 33 days.

dx

check a few Southgate Park, Stansted claimform threads to make sure its the same one.

they dont state the reason for the speculative invoice in the POC, but i suspect as usual it will be 'occupants left carpark'

obv they'll have to produce all their paperwork in their witness statement (months away if at all) and you might get a copy of the PCN via your CPR, but as this is a moved address thread, i'm wondering if an sar to MET might be worthy?

IMHO yes.

[Worazz]

Thanks dx,

But 33 days is on 24th of December, the POC was issued on 21st of November , 33 days run this Sunday, so I need to post my defence by 4pm today, Friday (22nd), right?

The PCN states overstay, so does the POC.

I got copies of PCN via CPR, please see the attachments in #14 and #15 (maybe a merge there as well, sorry - the time limit on edit is very short)

I will read on SAR, but can I throw it in on the same day I post my defence?

[dx100uk]

yes sorry my browser was having a hissy fit and i didnt see the uploads. ive merged them for you too.

so no need for SAR.

yes defence due 4 pm today.

interesting they've inc more of the contract than we've ever seen before inc the full T&C's

@FTMDave 

On 08/12/2023 at 13:04, FTMDave said:

Don't worry, this is a scam site and has been exposed as such on national television.  We're here to help you fight this.

Please come back on the forum when your defence is due and we can assess what to do depending on whether MET reply to the CPR request or not.

dx

 

[Worazz]

I checked my moving date, the processing times for V5C change, etc.

I moved on the 18 October 2019, which is 10 weeks prior to the alleged contravention date, I changed my car policy, my Road Tax Direct Debit details, sent off my driving license and V5C via post,  DVLA reserves 6 weeks before starting any proceedings in case V5C gets lost in post,

this gives me another 4 weeks in which I have to start getting a new copy, before I can change the address using the new V5C, which can arrive from them in any time between days to weeks, which again can take up to 6 weeks after I send it off with new address, the online service to change the address only became available in June 2020, I had no other way to do that than send it off by post.

I believe this would be me completing my due diligence and removes my fault from them receiving wrong address for the PCN on the date of alleged contravention. Also the debt collectors got my correct address 3 years later without any problems apparently.

At the same time the contract they sent over has different post code (CM24 1AA) and name for the parking then the one on POC (CM24 1PY) and google returns two different sites around the airport

reading into the forum, I know to be as generic as possible, I took the template and commented on it, please see below:

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 is the recorded keeper of [motor vehicle]. 

Yep, turns out I still am, after the phonecall, and because my V5C that I sent was lost it is still registered to my old address, even though the DVLA on reg query will return that the vehicle no longer exists, because it was scrapped on 29 November 2020… can I change is to 'was at the date of alleged contravention'?

 2.  It is denied that the Defendant entered into a contract with the Claimant.

I did not, it is perfectly possible that my housemate was there - could I transfer it to him now  

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. 

They did provide the contract so this doesn’t stand, does it?

 4.  In any case it is denied that the Defendant broke the terms of a contract with the Claimant.

I did not, as I was not the one to enter that contract in the first place

 5.  The Claimant is attempting double recovery by adding an additional sum not included in the original offer. 

That is true, the amount on debt recovery letters and following is £170, and not £100, or the ‘offer’ of £60.

 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.

I was reading into the contract and apart from different site name, different post code, the letter they attach 'Landowner authority' which proceeds to mention they are redacting some information for commercial sensitivity they also state and I quote:

As can be seen from the extract from the contract held with Tabacon Stansted 2 Ltd this agreement has commencement date of 1 November 2013 [...]

You turn to the next page and there is scan of the contract says commencement of 01/11/2013 but the signing on it is 03/09/2014, loose 10 months later.

Also the paragraphs for nature and scope of services, commencement and duration and enforcement activities of the contract on a separate page with entirely different font than the contract don't have a date on them, definitely from a different contract,

at the same time those paragraphs are doubled and are different in wording than respective paragraphs of T&Cs which are dated 2009 so belong to a different contract - also T&Cs only show Client, never naming the client,

this is definitely from a different contract as it was drawn 5 years prior to signing of the one about 'Starbucks Carpark, Stansted Amenity Area, A120, Stansted Airport, CM24 1AA' and not '(346) Southgate Park, Stansted CM24 1PY'

the front page is definitely from some kind of contract regarding the site that might be the site in question, but the rest is loosely thrown in, possibly not even relevant.

[FTMDave]

You're overthinking this.

They are suing you at an address you live at for an invoice connected to a vehicle you used to be the registered keeper of.  That is legit.

The contract is heavily redacted and you haven't a clue what bits they have hidden so the para about the contract can stay in.

Just file the bland defence as is.

Later at Witness Statement stage you will have ample chance to flesh these arguments out and go into as much detail as you want.

 

[Worazz]

OK, thanks FTM.

 

I will upload the generic defence as is after I add the reg

[dx100uk]

the V5C issues are totally irrelevant, forget that totally.

just copy and paste the generic defence in to MCOL defence section. 

job done.

you should get an email/letter acking its filing.

dx

 

[Worazz]

Thank you for all of this until now, I guess the real show might start in 2024, right?

Should the claim be in any way shape or form dismissed I will let you know here and I am definitely putting down support for the site, but in the new year as mentioned above I have some tough financial dealings at the moment.

No email, the letter will come in it's due time I guess, but the site shows it all processed:

Your acknowledgment of service was received on 06/ 12/ 2023 at 16:05: 11
Your defence was submitted on 22/ 12/ 2023 at 12:20:31
Your defence was received on 22/ 12/2023 at at :05:33

 

[FTMDave]

If you read this short thread you will see all the stage of the court procedure and will be able to see what comes next  https://www.consumeractiongroup.co.uk/topic/406892-highview-parking-anpr-pcn-claimform-urban-exchange-manchester-claim-dismissed/#comments

[Worazz]

Hey Dave,

This came through mail today - attachment.

Small Claims Track application copy and the letter I took a photo of.

Do I call them for doodoo and giggles?

they might want to settle for them paying me 30 quid for all the printing and postage I did?

I mean most likely nothing will happen, but should I explore the option?

I might tell you guys what I hear over there and so for any future caggers it will be of help?

 

2023-12-29 DCB(L) client going ahead..pdf

[dx100uk]

std letter always sent to intimidate & harass

ignore

keep an eye on mcol claim history for mention of DQ's N180 being sent out.

if that doesnt happen in 2mts from defence filing date, its safe to assume the claim is autostayed and going no-where unless they then pay upto £275 to lift the stay 

dx