URGENT HELP PLEASE: £3400 demanded by Parking Ticketing Ltd - Claim Form received

Max1111

Hi everyone. I have been reading through the NEWBIES thread - I still have much reading to do. It was mentioned it would take about a week to read through everything thoroughly and to get familiarised with details of what steps to take and so I really don't want to congest this forum prior to doing that but i have just received a Claim Form and I am so unbelievably distressed. There are strict time limits and I really need urgent help. The Claimant is Parking Ticketing Ltd and I have checked that they are a member of the BPA, but the parking signs say Private Parking Solutions London Ltd. The letters from SCS Law also refer to Parking Ticketing Ltd. This looks strange - am I right? if not, here are the details of situation:

The sign says the penalty is £100 but one letter from SCS Law has stated £120 for parking in a designated "Permit Holder Parking Space" ... I then have another letter amounting to £500 worth of penalties. I do not understand how they have come up with these ridiculous figures.
The other issue is that the vehicle was acquired for me by my brother-in-law via a Hire Purchase Agreement. He has never driven the car. Is there a way I could get his name off this claim at all? this is most distressing for me. There is a part on the Acknowledgment of Service form that says "Defendant's full name if different from the name given on the claim form". Would putting down my name be sufficient to take my brother-in-law's name off the claim?

I wanted to upload some photos but was not allowed as a new member.


I really apologise for the long text and I sincerely appreciate any responses and your time.

Coupon-mad

Is there a way I could get his name off this claim at all?

No. He is the Defendant and it is HIS case to acknowledge & defend. However there is no risk to his credit rating as long as you/he don't miss any court deadlines ad paperwork along the way, and that HE turns up (you can attend with him as witness or to speak as his lay rep to explain the case).

But he must attend, or he loses by default.

There is a part on the Acknowledgment of Service form that says "Defendant's full name if different from the name given on the claim form". Would putting down my name be sufficient to take my brother-in-law's name off the claim?

ABSOLUTELY NOT.

Obviously that section is just for things like if a woman has taken a married name. It's not to change the PERSON, it's just to update a name change if relevant.

The Claimant is Parking Ticketing Ltd and I have checked that they are a member of the BPA, but the parking signs say Private Parking Solutions London Ltd. The letters from SCS Law also refer to Parking Ticketing Ltd. This looks strange - am I right?

Yes, it is a point of defence if you mean the signs at the time of event were by another PPC.

Or could it be PTL were kicked out and the new signs now are PPS London?

I have an agreement with the management agent to pay £25 per month for that space. At some point, I became financially unstable and was unable to pay the fees and started receiving the tickets. I would intermittently receive parking tickets stuck to the windscreen - they would come at odd times like 3am by car and stick the tickets onto vehicles.

OK, so your car was considered not permitted then, in those months - but those dates are for the Claimant to prove. They will struggle as they are not the Managing Agent, and it seems you have a physical permit you display, so how can they prove that on certain dates you were not permitted? They will find this harder than some, IMHO.

The sign says the penalty is £100 but one letter from SCS Law has stated £120 for parking in a designated "Permit Holder Parking Space" ... I then have another letter amounting to £500 worth of penalties. There is also a letter from Debt Recovery Plus Ltd demanding over £7000.

How many PCNs are listed on the Claim form?

How many PCNs were listed on that £7K DRP letter?

What is the ISSUE DATE of the claim and did it come from Northampton CCBC?

KeithP

Just to re-emphasise the point - do not fill in any forms.

Max1111

Thank you so so much for responding so quickly.

Yes I have a physical permit, but from the very beginning even when I had paid for the permit, the Managing Agent was a bit disorganised and they couldn't provide a permit because the person dealing with it was sick or something; I had to go into their office to pursue it but to no avail. At some point I then did get one. So, when the penalties were issued it would have been because there was not a permit displayed.

I've just realised there is a tiny section with particulars of claim and it just says :
The Claimant claims from the Defendant the sum of £xxxx in respect of unpaid parking notices issued as a result of the Defendant's breach of terms and conditions of parking at a site managed by the Claimant. I will provide the Claimant with separate detailed particulars within 14 days after service of the claim form."

So there is no mention of what the amount they demand represents in terms of the number of PCNs.

The DRP letter represents 54 tickets

The issue date is 19/06/2019
And yes it is from the Northampton County Court Business Centre

Max1111

Thank you so much for your prompt response.

nosferatu1001

You MUST go online and acknowledge the claim
Technically you should not do so until you receive the full particulars, however if they dont send them, and you time out, they can go for a default judgement anyway. Yes, it sucks, yes the courts should stop it, but the CCBC staff are not up to that task.

You are never, ever filling out paper forms here - the BiL goes online
As they were not the Driver, then the CLaimant needs to prove they complied with the POFA. Did they? Remember as this is HP then its almost certainly the HP company that is the Registered Keeper - you can answer this now, by finding out where your V5 is. If you never had it, you were never the RK.

Max1111

Thank you very much for your response.

My BiL is the registered keeper of the vehicle - he has just sent me a copy of the V5.

nosferatu1001

OK, so YOUR job is to see if they have complied with the requirements of POFA

Has your BiL acknowledged?
Time ticks. he misses the deadline, he loses. Acknowledging doubles the time you get .

Max1111

I will tell him to acknowledge asap.
In the meantime I will go through schedule 4 and see what I must do.

Thank you

KeithP

Max1111 wrote: »

The issue date is 19/06/2019
And yes it is from the Northampton County Court Business Centre

With a Claim Issue Date of 19th June, you have until Monday 8th July 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 file linked from post #2 of the NEWBIES FAQ sticky thread. About ten minutes work - no thinking required.

Having done the AoS, you have until 4pm on Monday 22nd July 2019 to file your Defence.

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


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

Print your Defence.
1. Sign it and date it.
   
2. Scan the signed document back in and save it as a pdf.
   
3. Send that pdf as an email attachment to CCBCAQ@Justice.gov.uk
   
4. 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'.
   
5. Log into MCOL after a few days to see if the Claim is marked "defence received". If not chase the CCBC until it is.
   
6. Do not be surprised to receive an early copy of the Claimant's Directions Questionnaire, they are just trying to keep you under pressure.
   
7. Wait for your DQ from the CCBC, or download one from the internet, and then re-read post #2 of the NEWBIES FAQ sticky thread to find out exactly what to do with it.

Max1111

Thank you so much Keith.