CPM/BW ANPR PCN Claimform - The Collective London Nw10 6Ff

[belleofstmark]

 

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

[Nicky Boy]

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.

[FTMDave]

This vile company is well known to us.

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

[belleofstmark]

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.

[FTMDave]

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.

[dx100uk]

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

 

[belleofstmark]

dx..Perfect - yes done all this and drafted the letter which i'll post tomorrow.

i have found a letter titled "Letter of claim" from early in the year.  

I hadn't replied to it.  

will include in the documents PDF.

[dx100uk]

only the 1st page.

dx

[belleofstmark]

OK i have found a letter titled "Letter of claim" from early in the year.

 I hadn't replied to it.

 will include in the documents PDF.

Ok uploaded all of the letters  - let me know if there's anything else i should include?

 

PAPLOC - CPM reminder + final notice +NTK - Claimform .pdf

[dx100uk]

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

dx

 

[belleofstmark]

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.

 

[dx100uk]

it didnt.... still under review.

BB's mean nothing on private land

dx

 

[lookinforinfo]

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.