N1 Claim form received for PCN 2015

MichC

PLEASE HELP!!!! I have just receieved a claim form for a parking ticket issues outside a small retail park in 2015,I popped into Nandos when i came out there was a handwritten ticket on my car (which i no longer own) I followed advice online and ignored correspondance. I have receieved many phone calls from BW Legal and a few letters which i binned.
I have now moved address and have now got this claim form with a total amount of £272.94
I did not understand the reason for the ticket tbh,there were NO parking meters and I was only there for about 90 minutes.
The address given for sending payment is DCB LEGAL LTD DIRECT HOUSE RUNCORN.The claim form states that The vehicle was parked in breach of T & C signs and on private land.
The claimant shown is VEHICLE CONTROL SERVICES LIMITED 100615.1756D
So do I now just send back The response pack stating that I wish to defend the claim ?
I will need advice on a defence, which is basically i did not understand the sign.
Any advice would be greatly appreciated as I cannot afford a £272.94 just for spending 90 minuites outside Nandos. :( TIA :o

Redx

You need to sit down and take a breath

Then start by reading the newbies faq sticky thread near the top of the forum, post 2

Post the claim form issue date from the top right of the claim form below

Then do the AOS online by signing up with the government gateway and use the reference from the claim form

Do not put anything in the defence box

Do not fill in the paperwork you received either

This will be done online

Then email a SAR to the DPO at VCS to get all the documents and pictures and data about you and your vehicle attaching a copy of the claim form as proof of ID under GDPR

Then read all the other VCS court claim threads on here plus those linked in that newbies sticky thread and draft your own defence, posting it below for critique

The_Deep

£272 is far in excess of what the law allows, read this

https://forums.moneysavingexpert.com/discussion/6014081

and complain t the SRA

http://www.sra.org.uk/home/home.page

and also to your MP as nine times out of ten these tickets are scams.

Parliament is well aware of the MO of these private parking companies, and on 15th March 2019 a Bill was enacted to curb the excesses of these shysters. Codes of Practice are being drawn up, an independent appeals service will be set up, and access to the DVLA's date base more rigorously policed, persistent offenders denied access to the DVLA database and unable to operate.

Hopefully life will become impossible for the worst of these scammers, but until this is done you should still complain to your MP, citing the new legislation.

http://www.legislation.gov.uk/ukpga/2019/8/contents/enacted

Just as the clampers were finally closed down, so hopefully will many of these Private Parking Companies.

MichC

Thank you for your reply RedX.
The issue date is 5th August . I have just completed the online process of acknowledgement and stated that I will be defending the claim against me .Im lost on the process of SAR though,sorry if i sound stupid but getting a bit lost in all the threads etc :o:o

MichC

Thanks for your reply Thedeep I know i find it outragous that parking outside Nandos whilst eating in there has resulted in a £272 invoice :mad: I am new to this site so a tad lost in all the threads but i have today completed the AOS process and need to start my defence now.
I dont quite understand the SAR process to be honest, I will look into it today then get started on my defence. :eek:

Le_Kirk

Sticky: [URL="https://forums.moneysavingexpert.com/discussion/4816822PRIVATE PARKING TICKET? OLD OR NEW? **READ THESE FAQS FIRST!** Thank you![/COLOR][/URL]

Did you miss this at the top of the forum, third thread down? Follow the link and read post # 2, scrolling down until you see: -

This is a chance to see the parking firm's hand - to send them (NOT their solicitor, if they are using one) a Subject Access Request 'SAR' listing what you want to see by way of data they hold about you:

https://legalbeagles.info/library/guides_and_letters/court/subject-access-request/

You can find out where to send the SAR (usually by email) by looking on the Parking firm's PRIVACY webpage, telling you where to send a SAR or any 'data concerns' to their Data Protection Officer. You should NOT have to supply intrusive ID like your driving licence or Passport, that's excessive - and if they are sending a LBC then they already hold sufficient data to ID you!

A SAR is free. Ask for (as a minimum):

- ALL photos taken
- all letters/emails sent and received, including any appeal correspondence earlier
- if the car park was Pay and Display, ALWAYS ask for a PDT machine record from that day, of payments made (VRNs can be partially redacted but insist on getting this and follow it up if they refuse).
- all data held, all evidence they will rely on, and a full copy of the PCN, NTK
- and a list of all PCNs they consider are outstanding against you and/or this VRN, and remind them that any claim must be for all PCNs in one claim, not several separate claims.

KeithP

MichC wrote: »

The issue date is 5th August. I have just completed the online process of acknowledgement and stated that I will be defending the claim against me.

With a Claim Issue Date of 5th August, and having done the Acknowledgement of Service in a timely manner, you have until 4pm on Monday 9th September 2019 to file your Defence.

That's four weeks away. Plenty of time to produce a 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 [URL="https://forums.moneysavingexpert.com/discussion/4816822NEWBIES FAQ sticky thread[/URL] to find out exactly what to do with it.

Also in post #2 of the NEWBIES thread is full guidance on how to create a winning Defence and links to many examples of winning Defences.

MichC

Thank you ,i missed that thread but got it now ill get the SAR in today ,and go from there. So many great threads but very overwhelming lol !! :o

MichC

I’ve emailed a SAR request to the claimant so now I just wait for that and start my defence ? do I declare to be the driver or not in my defence please ??

Le_Kirk

You won't receive the info from the SAR in time for the defence but it will be more useful at Witness Statement stage anyway. If you deny being the driver in your defence (does it help you to do this) and the judge asks you in court if you were driving, what are you going to say?

Quentin

Throughout here you are advised never to reveal who was driving

You need to go through your posts and edit them to remove details of who was driving

If you have used your real name as your forum name then you need to get MSE to change it to something anonymous

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