Parking Awareness Service (PAS) PCN

Coupon-mad

Doesn’t it include a Reply form? 

That template response is ancient and the pre-action protocol is not ‘new’ now.

And REALLY IMPORTANT PLEASE: 

https://forums.moneysavingexpert.com/discussion/comment/78411172/#Comment_78411172

Please, please come back every week to check and make sure your voice is not missed from this final opportunity to take part in the Government Consultation, coming very soon!

johjames

No reply form included, just a tear off slip at the bottom to tick and post back, in order to request the 'Reply Form and Financial Statement' and/or 'Information Sheet.'.
Noted about the template response, thank you Coupon-mad, I'd prepared it years ago when this affair commenced. I'll post the previous response I posted.
I will certainly be checking in as requested to respond to the Consultation, thank you for bringing it to my attention. 

johjames

So this PAS non-POFA affair drags on! I received the following unsigned letter from dcblegal recently. In your esteemed knowledge, must I respond and would I be criticised by a Judge for not doing so, in your experience? Thanks all. 

Fruitcake

We have seen this fishing letter many times.

You can either ignore it send a facetious reply.

1. Anyone in the UK insured to drive the vehicle, about 30 million people by my reckoning. You will need to ask every motorist in the country to provide their proof of insurance as I don't know who they all are so have no way of obtaining said information.

2. None of your business. Anyway, you haven't told me what time the charges were issued, so I am unable to answer such a vague question.

3. I have taken into account my answers above, but you haven't said on what legal basis you are asking for the drivers' details. In addition, since you haven't told me the driver's name and address, I cannot confirm if these details are correct.

Other answers are available.

johjames

Fruitcake said:

We have seen this fishing letter many times.

You can either ignore it send a facetious reply.

1. Anyone in the UK insured to drive the vehicle, about 30 million people by my reckoning. You will need to ask every motorist in the country to provide their proof of insurance as I don't know who they all are so have no way of obtaining said information.

2. None of your business. Anyway, you haven't told me what time the charges were issued, so I am unable to answer such a vague question.

3. I have taken into account my answers above, but you haven't said on what legal basis you are asking for the drivers' details. In addition, since you haven't told me the driver's name and address, I cannot confirm if these details are correct.

Other answers are available.

Thank you fruitcake, ignore it it is then. That had been my initial instinct.

johjames

And so it goes on.
I received a Claim Form from the County Court Business Centre earlier today from Parking Awareness Services, represented by DCB Legal, for the princely sum of more than £500! I'm going to go back and read through the appropriate sections of the forum, in order to prepare a response to dispute the claim and to make a counterclaim. I'll post here accordingly. 

D_P_Dance

I received a Claim Form ... for the princely sum of more than £500! 

They have added what appears to be an extra unlawful amount for debt collection. This amounts to double recoveryJudges have dismissed an entire claim because of this. Read this and complain to your MP.

Excel v Wilkinson

At the Bradford County Court, District Judge Claire Jackson (now HHJ Jackson, a Specialist Civil Circuit Judge) decided to hear a 'test case' a few months ago, where £60 had been added to a parking charge despite Judges up and down the country repeatedly disallowing that sum and warning parking firms not to waste court time with such spurious claims.   That case was Excel v Wilkinson: G4QZ465V, heard in July 2020 and leave to appeal was refused and that route was not pursued.  The Judge concluded that such claims are proceedings with 'an improper collateral purpose'.   This Judge - and others who have since copied her words and struck dozens of cases out in late 2020 and into 2021 - went into significant detail and concluded that parking operators (such as this Claimant) are seeking to circumvent CPR 27.14 as well as breaching the Consumer Rights Act 2015.   DJ Hickinbottom has recently struck more cases out in that court area, stating: ''I find that striking out this claim is the only appropriate manner in which the disapproval of the court can be shown''.

https://www.dropbox.com/s/16qovzulab1szem/G4QZ465V%20Excel%20v%20Wilkinson.pdf?dl=0

Also read this

https://forums.moneysavingexpert.com/discussion/6279348/witness-statements-2-transcripts-re-parking-firms-false-costs-recorder-cohen-qc-judgment-2021/p1

KeithP

johjames said:

I received a Claim Form from the County Court Business Centre earlier today...

What is the Issue Date on your County Court Claim Form?

johjames

D_P_Dance said:

I received a Claim Form ... for the princely sum of more than £500! 

They have added what appears to be an extra unlawful amount for debt collection. This amounts to double recoveryJudges have dismissed an entire claim because of this. Read this and complain to your MP.

Excel v Wilkinson

At the Bradford County Court, District Judge Claire Jackson (now HHJ Jackson, a Specialist Civil Circuit Judge) decided to hear a 'test case' a few months ago, where £60 had been added to a parking charge despite Judges up and down the country repeatedly disallowing that sum and warning parking firms not to waste court time with such spurious claims.   That case was Excel v Wilkinson: G4QZ465V, heard in July 2020 and leave to appeal was refused and that route was not pursued.  The Judge concluded that such claims are proceedings with 'an improper collateral purpose'.   This Judge - and others who have since copied her words and struck dozens of cases out in late 2020 and into 2021 - went into significant detail and concluded that parking operators (such as this Claimant) are seeking to circumvent CPR 27.14 as well as breaching the Consumer Rights Act 2015.   DJ Hickinbottom has recently struck more cases out in that court area, stating: ''I find that striking out this claim is the only appropriate manner in which the disapproval of the court can be shown''.

https://www.dropbox.com/s/16qovzulab1szem/G4QZ465V%20Excel%20v%20Wilkinson.pdf?dl=0

Also read this

https://forums.moneysavingexpert.com/discussion/6279348/witness-statements-2-transcripts-re-parking-firms-false-costs-recorder-cohen-qc-judgment-2021/p1

Thank you D_P_Dance, that is very helpful to know.KeithP said:

johjames said:

I received a Claim Form from the County Court Business Centre earlier today...

What is the Issue Date on your County Court Claim Form?

25/11/2021.

KeithP

johjames said:

KeithP said:

johjames said:

I received a Claim Form from the County Court Business Centre earlier today...

What is the Issue Date on your County Court Claim Form?

25/11/2021.

With a Claim Issue Date of 25th November, you have until Tuesday 14th December to file an Acknowledgment of Service but there is nothing to be gained by delaying it. 

To file an AoS, follow the guidance in the Dropbox file linked from the second post in the NEWBIES thread.

Having filed an AoS in a timely manner, you have until 4pm on Wednesday 29th December 2021 to file your Defence.

That's over four weeks away. Plenty of time to produce a Defence, but please don't leave it to the last minute.

To create a Defence, and then file a Defence by email, look again at the second post on the NEWBIES thread - immediately following where you found the Acknowledgment of Service instructions.

Don't miss the deadline for filing an Acknowledgment of Service, nor that for filing a Defence.

Do not try and file a Defence via the MoneyClaimOnline website. Once an Acknowledgment of Service has been filed, the MCOL website should be treated as 'read only'.