New Generation Parking PCN - Claimform - parking outside of marked bay - Appeal refused - Malpas road shopping centre, Newport, Wales.

[TT98]

Hello dx100uk,

my apologies if this is not the correct way to contact you,

New Generation vanishing windscreen CCTV PCN Now Claimform - Not parked within the confines of a marked bay - Malpas Road Shopping Centre NP20 6WB - Page 3 - Private Land Parking Enforcement - Consumer Action Group

I am new to the site and am having trouble working out how to address my issue without hi-jacking another person’s thread!

I have received a ‘claim form’ which I believe is a letter before court, from DCB legal, for the same ‘offence’ in the same location, parking outside of marked bays at Malpas road shopping centre.

This is dating back to approximately 2 years ago, when I appealed the charge at the time.

After reading through this thread & another one regarding the same shopping centre, I now realise this was not a wise option!

however sadly it is now done.

Id be very grateful for your time if you'd be willing to advise what action to take now,

the letter was issued on 13/02 and i received on 16/02.

The total they are trying to shake me down for is now £261.08! 

Thank you in advance 

Wish I had found this site sooner, an amazing resource for the ‘little man’ battling these parasites 

[honeybee13]

Hello, welcome to CAG.

You need to start a new thread of your own please, so we can advise you.
Click on new thread to see some instructions.

Best, HB

[TT98]

Hello all, hoping for some advice on the following issue.

The ‘offence’ took place at Malpas road shopping centre, Newport, Wales. Where the driver was accused of ‘parking outside of marked bays’ 

Received a ‘claim form’ from DCB legal on behalf of new generation parking on the 16th Feb, with the issue date of 13 Feb 2024. 
 
The initial contact from new generation began approximately 2 years ago, where at the time, I appealed the PCN on the grounds another vehicle pictured in their evidence was taking up 2 bays themselves, forcing me to park outside of the bay.

(Obviously the appeal was rejected & after reading related threads, I realise I should not have appealed in the manner I did, or even at all, lesson learnt!) 

As is usually the way with these things, the amount they are now trying to claim has increased drastically & now is a total of £261.08 

I am hoping the advisors on this site would be willing to offer their time & help me with what action to take next! 
If there is any more information I can provide, I am more than happy to. 

Thanks in advance! 

Have gone ahead & submitted this new thread,

thank you for your help 

[FTMDave]

Don't worry, you have plenty of time to defend this.

dx100uk will be on soon to tell you how to start the process.

[honeybee13]

Could we see what they sent please? I'm  not sure if it's a court claimform or a letter of claim. Please cover up your personal details and post it as a pdf.

HB

[dx100uk]

yes please.

read upload carefully

dx

[TT98]

 Apologies for the delay, had trouble uploading in correct format! 
 

Thank you all 

 

2024-02-13 CNBC Claimform.pdf

[honeybee13]

OK, that's a claimform.

Please could you post up the questions and answers from this forum sticky and we'll take it from there.

HB

[TT98]

Hoping this is the info you require 

Which court have you received the claim from?  CIVIL NATIONAL BUSINESS CENTRE

Name of the claimant : NEW GENERATION PARKING 

Claimants solicitors: DCB LEGAL 

Date of issue - 13/02/24

Date for AOS - 01/03/24 

Date to submit defence - 15/03/24

What is the claim for-  

1.The defendant (D) is indebted to the claimant (c) for a parking charge (s) issued to the vehicle ……… at Malpas Road Shopping centre NP20 6WB 

2. the PCN(s) were issued on 09/12/2022

3.The defendant is pursued as the driver of the vehicle for breach of the terms on the signs (the contract). Reason: Not parked within the confines of a marked bay

4.in the alternative the defendant is pursed as the keeper pursuant to POFA 2012, Schedule 4. 
AND THE CLAIMANT CLAIMS 

1.£160 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 £.02 until judgement or sooner payment. 
3. Costs and court fees 

What is the value of the claim?  Amount claimed - £176.08

Court fee - £35.00

Legal rep fees - £50.00

Total amount - £261.08 

Have you moved since the issuance of the PCN?  NO 

Did you receive a letter of claim with a reply pack wanting I&E etc about 1 month before the claim form? NO 

[dx100uk]

please type out the FULL particulars of claim as asked in the Q&A.

and thats not from DBCL its from CNBC Court, thats what was confusing us, from your description.

dx

 

[jk2054]

you should also file an AOS whilst your at it just so you don’t miss your deadline

 

Edited February 21 by jk2054

[AndyOrch]

Correct acknowledgment of service which you can do on line by Fri 29th Feb 16.00

[TT98]

Particulars of claim - 

 

1.The defendant (D) is indebted to the claimant (c) for a parking charge (s) issued to the vehicle ……… at Malpas Road Shopping centre NP20 6WB 

2. the PCN(s) were issued on 09/12/2022

3.The defendant is pursued as the driver of the vehicle for breach of the terms on the signs (the contract). Reason:Not parked within the confines of a marked bay

4.in the alternative the defendant is pursed as the keeper pursuant to POFA 2012, Schedule 4. 
AND THE CLAIMANT CLAIMS 

1.£160 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 £.02 until judgement or sooner payment. 
3. Costs and court fees 

[dx100uk]

thank you sticky reply updated above.

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.

[TT98]

I seem to be struggling with the first section,

I have created an account & logged in,

the first screen that comes up after doing so is ‘your money claims account’ then a press button that says ‘make a new MoneyClaim’

this then goes to a page that says ‘find out if you can make a claim using this service’  

this then leads to a page that asks the total amount I am claiming. 
 Options being: 

Over £10,000

Under £10,000 

I do not know the amount 

 

I was also not given a user ID or gateway 

 

Thanks for your help 

[honeybee13]

You seem to have gone to a page for claimants when as I understand it, you're the defendant.

@dx100uk or someone else will know what to do, please hang on until they can get here.

HB

[TT98]

I am indeed the defendant, thank you for the advice I will hang on for further advice! I have the CPR31:14 request ready to be printed & sent 

[honeybee13]

While you're waiting, it might be worth re-reading dx's instructions for the MCOL site.

HB

[dx100uk]

please read the instructions carefully...create a gateway account FIRST!!

no-one else has ever had this issue.

dx

[TT98]

Apologies, both steps are now complete. 
 

Will get the CPR posted to the solicitor tomorrow

 

Do I now wait for correspondence from the court or solicitor? 
 

Regards 

[dx100uk]

no you go back and read the bottom of that post for the 3rd time CAREFULLY...

what does it say...

dx

 

[TT98]

True I see that now, is there a page of advice for submitting a defence on here? 

[Nicky Boy]

Well, now we've got this far, please fill out this sticky as well.

https://www.consumeractiongroup.co.uk/topic/391121-have-you-received-a-parking-ticket-please-fill-this-out/#comment-4683610

You'll also find our standard bland defence further down the first sticky you filled out.

Q2) How should I defend?

[Nicky Boy]

But, don't submit the defence too early!

Also, post it up here before you submit.

[TT98]

1 Date of the infringement 

09/12/2022 – PCN issue date, not sure if this date of infringement or rather the date they issued the PCN

2 Date on the NTK [this must have been received within 14 days from the 'offence' date] Unknown as do not have the original letter

3 Date received Unknown 

4 Does the NTK mention schedule 4 of The Protections of Freedoms Act 2012? [Y/N?] Do not have original

5 Is there any photographic evidence of the event? Yes 

6 Have you appealed? [Y/N?] post up your appeal] Yes, on the basis another vehicle was obstructing the bay the driver was attempting to park in therefore forcing them to also park outside of marked bay 

Have you had a response? [Y/N?] post it up Yes, appeal rejected at IAS 

7 Who is the parking company? New Generation Parking 

8. Where exactly [carpark name and town] Malpas road shopping centre, Newport, Wales 

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

I understand it would be helpful to have the original/first letter sent however unfortunately I didn’t imagine it would ever get this far, if there is a way of obtaining this, I would be more than willing to do so. 

Will get working on my defence!