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    • Hello,

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    • We have finally managed to obtain the transcript of this case.

      The judge's reasoning is very useful and will certainly be helpful in any other cases relating to third-party rights where the customer has contracted with the courier company by using a broker.
      This is generally speaking the problem with using PackLink who are domiciled in Spain and very conveniently out of reach of the British justice system.

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      This is good ethical practice.

      It would be very nice if the parcel delivery companies – including EVRi – practised this kind of thing as well.

       

      OT APPROVED, 365MC637, FAROOQ, EVRi, 12.07.23 (BRENT) - J v4.pdf
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CPM/BW ANPR PCN Claimform - The Collective London Nw10 6Ff


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Which Court have you received the claim from ?  WWW.MONEYCLAIM.GOV.UK / Civil National Business Centre

Name of the Claimant : COUNTRYWIDE PARKING MANAGEMENT LIMITED

Claimants Solicitors: BW Legal

Date of issue – 02/5/24

Date for AOS - 20/5/24 (submitted 16/5/24)

Date to submit Defence - 3/6/24

 

What is the claim for 

The Claim is for £170.00 due from the Defendant for an unpaid parking charge following a contractual breach which occurred in the private car park/land at The Collective London Nw10 6Ff by the driver of registration mark,xxxxxxx

The private car park/land was lawfully occupied by the Claimant.

The displayed terms and conditions offered the driver a contractual licence, were accepted upon entry by the driver, and subsequently breached.

Driver's breach: Non-Permit Holder

Despite demands, the parking charge remains unpaid.

The Claim also includes £70.00 recovery costs as set out in the terms and conditions and in the ATA AoS Code of Practice.

What is the value of the claim?

255.00

Amount Claimed 170.00

court fees 25.00

legal rep fees 50.00

Total Amount 255.00

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 1mth before the claimform? No

 

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

 

This is essentially a shared area where there is some private parking but there is also customer parking for a shop that is labelled as customer parking with a time limit of 30 mins.  

A friend of mine also received a similar notice around the same time so I assume they are just trying it.  

The photo evidence doesn't really show anything as it is pitch black and shows an entry and exit less than the 30 minutes allowed in the customer parking spaces.  

 

The Collective Parking Claim Form Redacted.pdf

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I expect DX will be along presently with instructions to acknowledge.

 

In the meantime could you please follow the instructions in this sticky...

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

Thanks.

We could do with some help from you.

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This vile company is well known to us.

Are you sure they didn't send you a Letter of Claim about a month ago?

We could do with some help from you.

PLEASE HELP US TO KEEP THIS SITE RUNNING EVERY POUND DONATED WILL HELP US TO KEEP HELPING OTHERS

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It's possible.  

I suffer from ADHD and also anxiety and depression currently and struggle with paperwork.

 I'll have a search around to see if i can find anything.

 If they did send something I haven't replied.  

I thought there's no way that they will pursue this because I know for a fact i didn't park in a private space and the evidence they have sent is so ridiculous.  

What impact does this other paperwork have?

Thanks!  

I already sent the acknowledgement as i panicked and thought today was the last day to respond.  

Then i remembered this wonderful forum.

 I'll follow the steps in the sticky next.

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The Letter of Claim information is not absolutely essential, but it would be useful for two reasons.

Firstly, judges take a dim view of companies or individuals who rush to court without giving the other party notice and a chance to settle - the Letter of Claim.  If they didn't send it we could include this point in your defence and it would be detrimental to them.

Secondly, we know Countrywide.  They are a very small cowboy company.  The are reluctant to do court, simply becasue they are very bad  at it.  Their record of beating Caggers in front of a judge is exactly 0%.  They have lost every time.  They send the Letter of Claim also to look for people who don't reply, thinking that the person might not reply to a claim form either, giving them an easy default win.  Conclusion - always best to reply to a Letter of Claim and ridicule the PPC's case.

We could do with some help from you.

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If you want advice on your thread please PM me a link to your thread

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you mean you did aos on mcol yes?

pop up on the bulk court website detailed on the claimform.
[if it is not working return after the w/end or the next day if week time]
.
When you select ‘Register’, you will be taken to a screen titled ‘Sign in using Government Gateway’. 
Choose ‘Create sign in details’ to register for the first time. 
You will be asked to provide your name, email address, set a password and a memorable recovery word.

You will be emailed your Government Gateway 12-digit User ID. 
You should make a note of your memorable word, or password as these are not included in the email.<<**IMPORTANT**

 then log in to the bulk court 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
 you DO NOT file a defence at this time
[BUT you MUST file a defence regardless by day 33 ]
click thru to the end
confirm and exit the website

.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.

 

dx

 

please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

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  • dx100uk changed the title to CPM/BW ANPR PCN Claimform - The Collective London Nw10 6Ff

only the 1st page.

dx

please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

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there is no need to keep hitting quote......just type.

dx

 

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please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

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BTW the time in and out is less than 10 mins, more than 5 in case that's relevant?

I saw an article posted on here about a year ago a proposed legislation change but i don't know if that went through or not?

Private parking fines to be capped at £50 - BBC News

I'm also a blue badge holder but there it was a regular parking spot.

 

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it didnt.... still under review.

BB's mean nothing on private land

dx

 

please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

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The Private Parking Code of Parking has been postponed as the poor dears are frightened that thew will all go out of business once it becomes Law. We all wish but nothing could be further from the truth so doubtless most of them will have to change their ways if they don't want to be removed as approved parking companies.

Thank you for still retaining and producing the original PCN which, no surprise, fails to comply with the Protection of Freedoms Act 2012 Schedule 4. [It even states the vehicle "breeched" the terms  when it was the driver that allegedly breached the terms}.

It fails to specify the Parking Period and whilst it does show the arrival and departure ANPR times on the photographs [that I cannot read] they do not include how long you actually parked nor was it specified on the Notice  [photos don't count]. So that means that you spent even less time parked though it would help had you not blocked out the dates and times, so good if you could please include them on your next  post.

Pofa  asks the driver to pay the charge S( [2][b] which your PCN doesn't though they do ask the keeper to pay.and they have missed out theses words in parentheses S9[2][f] ii) 

(ii)the creditor does not know both the name of the driver and a current address for service for the driver,

the creditor will (if all the applicable conditions under this Schedule are met) have the right to recover from the keeper so much of that amount as remains unpaid;

All of those errors mean that the cannot transfer the charge from the driver to the keeper. Only the driver is now responsible .

What a rubbish Claim Form -doesn't even give the date of the event which it should.

 

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  • 4 weeks later...

Hi friends,  

I’m a bit worried I may have got confused with timings here.

I thought I had 33 days from my acknowledgment to submit a defence but the date added above says 3/6/24.

have I missed the date?

if so how can I apply for an exception due to my disability and problems with deadlines and dates etc (ADHD)?

what should I submit as a defence?

I’ve had no reply from BW so far 

just been back on MCOL and it says 28 days from service if I completed an acknowledgment of service does that mean 28 days from that of acknowledgement (I.e. 16/5) which would make deadline for defence 14/6?

Thanks! Panicking here.

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Posted (edited)

The date was 3 June.

Get on MCOL now.

The legal principle is that, even if you defence is late, if the other party hasn't requested judgement, then your defence takes priority and is accepted.

You might be in time.

When I say now I mean now.  Recently we had someone who was nine days' late and this was pointed out to them at 5:30pm.  They faffed around till 11pm.  When they went on MCOL they saw that judgement had been entered at 7pm.

Every minute is vital.

File the below standard defence if you still can -

1.  The Defendant is the recorded keeper of [motor vehicle].

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

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.   

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

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

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.

Edited by FTMDave
Typo

We could do with some help from you.

PLEASE HELP US TO KEEP THIS SITE RUNNING EVERY POUND DONATED WILL HELP US TO KEEP HELPING OTHERS

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On 16/05/2024 at 16:34, belleofstmark said:

Date of issue – 02/5/24

Date for AOS - 20/5/24 (submitted 16/5/24)

Date to submit Defence - 3/6/24

 

 

On 16/05/2024 at 17:55, dx100uk said:

you DO NOT await the return of paperwork.

you MUST file a defence regardless by day 33 from the date on the claimform.

next time dont disappear for a MONTH !! without reading up...:frusty:

we cant nursemaid people we are free volunteers

dx

 

  • Like 1

please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

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Thanks for the quick and clear instructions.  

All filed and submitted.

 What should I be preparing next?

If you’ve seen lots of cases with this lot what is likely their next move?  

In the meantime they have been sending me letters offering me to pay them without going to court etc.

i’ve also received a notification on my credit report about searches and can see that they’ve done a “soft search” on my file.  

Are they allowed to do that?

Why would they be doing that?

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Credit search will be for address varification in case you'd moved since the date of the speculative invoice I expect. 

If you use our enhanced Google search box for. 

Pcn Claimform, there are over 1000 threads that outline things. 

Next for you will be ack from the court your defence has been registered OK. 

To be frank.. If you'd been doing that from when advised a month ago, this would not have happened. 

You've had a very very lucky escape here.... Now prepare and not allow another to happen. 

We don't have the time to nurse maid those that don't self help.  

Dx

 

please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

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I appreciate your help but not the tone. At all.  I don’t know if you’ve ever known anybody that experiences mental health issues and I don’t plan on explaining all of mine here.  

However I would expect some understanding and compassion that someone coming to this site for help might feel overwhelmed and struggle to deal with such a daunting situation when they have done nothing wrong.  

Maybe are used to talking to people in such a way but I find it unacceptable.

 I didn’t ask for a nursemaid despite that line repeating over and over again.  If not here to help people then what are they  here for?

To make themselves feel superior by talking down to people?

 It’s a shame to see this board reduced to this level of communication with people that are in need of help.  

I am very far from someone that doesn’t self help.  Hence the questions to prepare fo next stages but like most humans have my own challenges as I’m sure we all do.

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1000's of people here, Inc members of the team have on going issues like Mental health... But it shouldn't be used as a general get out excuse. 

You vanished for a month doing nothing... . ..... 

Move on. 

Dx

 

 

please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

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There was nothing general in my post at all.  

On the other side of this screen there is an individual human being.  

You have no idea what I’ve been doing this last month.

 You would do well to remember that.

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likewise this way, but some of us don't make it another persons problem or use it as an excuse for  not doing anything in a month.

the judge wont be interested nor care

the claimant wont be interested nor care

the solicitors wont be interested nor care

move on.

 

please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

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Your case shows the idiocy of employing a solicitor to do things you could easily do yourself.

Had Countryside dealt with their own case they would have entered judgement on 4 June and there would have been no way back for you.

But they thought they were clever by running to Rachael and Sean of BW Legal for a more "professional" (aye, right) service.  These dodgy solicitors can only make money on private parking cases by doing everything on the ultra cheap and certainly cant check the judgement date for every single separate case.

Ho!  Ho!  Ho!

Anyway, glad you got the defence filed OK.

The next stage is that the central bulk court will send out a simple form called a Directions Questionnaire to you and to Countrywide which is part of the allocations process to your local court.  If you read this short thread you will see all the stages of the court process  https://www.consumeractiongroup.co.uk/topic/406892-highview-parking-anpr-pcn-claimform-urban-exchange-manchester-claim-dismissed/#comments

We could do with some help from you.

PLEASE HELP US TO KEEP THIS SITE RUNNING EVERY POUND DONATED WILL HELP US TO KEEP HELPING OTHERS

 Have we helped you ...?         Please Donate button to the Consumer Action Group

If you want advice on your thread please PM me a link to your thread

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Cheers

Yeah hopefully cases like this should discourage them from this nonsense as it’s surely adding to their overheads.  

MCOL says defence received so will prep by reading through those links 

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