MPC Parking Charge and County Court

camshron18

Good morning all,

A fantastic resource here so many thanks to all those who have contributed so far for people like us to read.

Before we processed with anything, we wanted to share my situation with you all to ensure I processed about this the correct way.

Having ignored the warning:

1. 22/02/2018 - PCN from Excel parking charging £100
2. 04/04/2018 - A letter from Debt Recovery Plus Ltd charging £160
3. 18/04/2018 - A second letter from Debt Recovery Plus Ltd charging £160
4. 19/04/2018 - A third letter (a day later) from Debt Recovery Plus Ltd charging £160
5. 04/05/2018 - A fourth letter from Debt Recovery Plus Ltd charging a final settlement offer of £136

we ignored all of the above - the £3.50 to begin with just an hour late

we then received two letters from Zenith Collections saying to contact them to avoid court action. The first letter 22/05/2018 was for £160 again. The second letter which we received a few weeks later was the final warning letter before legal action - again charging us £160.

we ignored both of these again - we paid the £3.50 to begin with just an hour late

On the 20th of October 2018 we got a call from my older brother to say out father had died of sudden heart failure. On the 20th we then spent 2 weeks at home with our bothers and mother to stay strong as a family.

we returned to my house on the 5th November 2018 to find "The County Court" letter dated 25th October 2018 from The money claims online and made by claimant Excel Parking services Letter.

It says we have 14 days to reply to the letter which would be today 08/11/2018.

Considering we have just lost my father and we originally paid the £3.50 my patience for these people is at a very low point right now.

They are after £185 (£160 original claim and £25 court fee).

It says..." if we disagree with the claim (of which I 100% do) we must sent either a complete acknowledgement or service form or a defence form to the court within 14 days of the date of service. if we send the acknowledgement of service we must send a defence to the court to arrive no later than 28 days from the date of service.

we would really appreciate some guidance on the best way to approach this with them as we have never done anything like this before.

Thank you in advance

System

if I disagree with the claim (of which I 100% do) i must sent either a complete acknowledgement or service form or a defence form to the court within 14 days of the date of service. if you send the acknowledgement of service you must send a defence to the court to arrive no later than 28 days from the date of service.

Perfectly clear what you have to do which is Acknowledge.
You log onto MCOL today and acknowledge the claim to give you more time for a defence. In the middle box on the right there is a MCOL password to allow you to do that.

Then you have a further 14 days to put in a defence.

Quentin

Everyone is politely asked to read up on this in the newbies FAQ thread near the top of the forum

Go there now to learn about the game you are now caught up in

Post #2 there covers Court claims right through from the lbcca to the hearing, together with links to resources showing you the court process step by step

After the AOS start preparing your defence

Put the draft up here for comments before sending it

You look to have used your real name as your forum name and in your post

Edit it from your post, and if you have inadvertently used your real name as your forum name then ask MSE to change it to something completely anonymous

The ppcs monitor this forum and can use posts in your thread against you

The_Deep

This is an entirely unregulated industry which is scamming the public with inflated claims for minor breaches of alleged contracts for alleged parking offences, aided and abetted by a handful of low-rent solicitors.

Parking Eye, CPM, Smart, and others have already been named and shamed in the House of Commons as have Gladstones Solicitors, and BW Legal, (these two law firms take hundreds of these cases to court each week, hospital car parks and residential complex tickets have been especially mentioned. They lose most of them, and have been reported to the regulatory authority by an M.P. for unprofessional conduct

The problem has become so widespread that MPs have agreed to enact a Bill to regulate these scammers. It has even been suggested that some of these companies have links with organised crime.

Watch the video of the Second Reading and committee stage in the House of Commons recently. MPs have a very low opinion of this industry.

http://parliamentlive.tv/event/index/2f0384f2-eba5-4fff-ab07-cf24b6a22918?in=12:49:41

https://hansard.parliament.uk/commons/2018-07-19/debates/2b90805c-bff8-4707-8bdc-b0bfae5a7ad5/Parking(CodeOfPractice)Bill(FirstSitting)

and complain in the most robust terms to your MP. With a fair wind they will be out of business by in the not too distant future..

System

and complain in the most robust terms to your MP. With a fair wind they will be out of business by in the not too distant future..

Xmas perhaps?

KeithP

jamesmorehen wrote: »

I returned to my house on the 5th November 2018 to find "The County Court" letter dated 25th October 2018 from The money claims online and made by claimant Excel Parking services Letter.

Is 25th October the Date of Issue on the Claim Form?

With a Claim Issue Date of 25th October, you have until Tuesday 13th November to do the Acknowledgement of Service, but there is nothing to be gained by delaying it. To do the AoS, follow the guidance offered in a Dropbox link from post #2 of the NEWBIES FAQ sticky thread.

Having done the AoS, you then have until 4pm on Tuesday 27th November 2018 to file your Defence.

Over four weeks. Loads of time to produce a perfect Defence, but don't leave it to the very last minute.


When you are happy with the content, your Defence should be filed via email as described here:

1) Print your Defence.
2) Sign it and date it.
3) Scan the signed document back in and save it as a pdf.
4) Send that pdf as an email attachment to CCBCAQ@Justice.gov.uk
5) Just put the claim number and the word Defence in the email title, and in the body of the email something like 'Please find my Defence attached'.
6) Log into MCOL after a few days to see if the Claim is marked "defended". If not chase the CCBC until it is.
7) Wait for your Directions Questionnaire and then re-read post #2 of the NEWBIES thread to find out exactly what to do with it.

Quentin

The_Deep wrote: »

,...... complain in the most robust terms to your MP. With a fair wind they will be out of business by in the not too distant future..

This is far too optimistic

The OP has come here with a court claim to deal with.

No matter how moving a complaint to his MP is there is no possibility the PPC will be put out of business in time to help him!

OP, don't miss any deadlines dealing with this issue in the hope that you won't need to!

System

This is far too optimistic

The word should be unrealistic. A reading of the new Bill is to provide a basis for it to continue though not in the form that makes an MP have to do some work.

camshron18

Hi All, Thank you so much for your comments. My fathers funeral was 2 days ago and so I have only just got round to drafting my defence. This is my first attempt so I may be well off here but any guidance would be much appreciated, thank you...

Please see below...


In the County Court
Claim NO: to be added


Between:
Excel Parking Services LTD (Claimant)

-and-

?? (Defendant)


1 The Defendant is the registered driver of the vehicle in question. The Claim relates to an alleged debt in damages arising from a driver's alleged breach of contract, when parking at Derby Street, Burton upon Trent, DE14 2JJ, 05/02/2018.

2 Any breach is denied, and it is further denied that there was any agreement to pay the Claimant’s £100 ‘Parking Charge Notice (‘PCN’).

3 The Claimant has spent 10 months harassing the Defendant with every increasing and intimidating demands pursuing the baseless charge, sending debt collectors letters and causing the Defendant significant stress during a period of a family death, despite the Defendant having paid the £3 parking tariff.

4 This Claimant is known to routinely affix misleading pieces of paper in a white envelope impersonating authority, bearing the legend ‘This is NOT a Parking Charge Notice’. However, the Claimant has since sent a barrage of “Parking Charge Notice” Letters to the Defendant.

5 The allegation appears to be based on a parking charge notice (‘PCN’) that was issued 90 minutes before the Defendant had paid for the £3 parking tariff online in the hotel room, of which the Defendant has proof of not only this payment but previous payments at the same car park.

6 The Claimant is put to strict proof that the £3 parking tariff has not been paid and of their decision making deciding to issue a PCN and why, as well as the reasoning behind trying to collect an unconscionable £100, rather than the few pound tariff, if it is their case that this sum went unpaid, which is denied. The fact is, this PCN was issues in breach of the Claimant’s Trade Body Code of Practice (‘CoP’) on ’94) parked without displaying a valid ticket/permit’ although this had been paid online.

7 Further and in the alternative, it is denied that the claimants signage sets out the terms in a sufficiently clear manner which would be capable of binding any reasonable person reading them. The signage is attached to a pole at the exist of the car park behind a pub advertisement board and reads “Pay and Display – Private Land”

8 Due to the sparseness of the Particulars, it is unclear as to what legal basis the claim is brought, whether for breach of contract, contract liability, or trespass, However, it is denied that the Defendant breached any contractual agreement with the Claimant, whether express, implied or by conduct

9 In addition to the original PCN penalty, for which liability is denied, the Claimants have artificially inflated the value of the Claim by adding purported added ‘costs’ of £60, which the Defendant submits have not actually been incurred by the Claimant.

10 These added costs had no descriptions as to what they are for nor have they been detailed that they will be added to the original amount. This adds 60% extra to the original charge with absolutely no clear description to the Defendant as to why and as such the Defendant is alarmed but this gross abuse of process.

11 Four months later the Defendant received letters from Zenith Collections stated that the £160 would be used to pay ‘court fees and solicitors costs’. Not only are such costs not permitted, but the Defendant believes that the Claimant has not incurred any legal costs. Given the fact that Zenith Collections portray themselves as ‘credit control specialists’, the Defendant avers that no court fees and solicitor costs is likely to have been incurred, and a simple cut and paste robotic machine has generated such letter to be sent to the Defendant.

12 In summary, it is the Defendants position that the claim discloses no cause of action, is without merit and has no real prospect of success. Accordingly, the Court is invited to strike out the claim of its own initiative, using its case management powers.


I believed the facts contained in this Defences Statement are true.


*Signature and Date to be inserted*

Redx

my condolences, I was at my bro in laws funeral 3 days ago, so understand


however, that defence looks like a rant and part WS and not a defence to me


start by reading half a dozen recent defences that were honed by member BARGEPOLE and use those as a basis for your own draft


I do not believe that anyone is a registered driver of a vehicle, so that part needs clarifying , its keeper , regisatered keeper , driver or lessee or owner etc (sometimes a person is more than one)

decide if this is a driver led defence due to being outed or if the defence is better coming from a driver who was there, OR a keeper if POFA2012 is being used

leave any "ranting" until the WS


and its DEFENCE (not defences statement) , one word only

camshron18

Thank you for the reply,

Ok I thought it was a defence, maybe I am confused on this one. Can you remind me what WS means?

I will change it to lessee in this case - thank you

I am defended this as I was the drive at the time