Court papers received for an unpaid PCN-Please help

Silverocks

Hi Gurus,

I need some advice. I have a county court claim for an unpaid PCN issued June 2018
The particulars of the claim are:

"The Driver of the vehicle with registration ****** parked in breach of the terms of parking stipulated on the signage (the contract) at WELLINGTON PLACE - WELLINGTON PLACE WELLINGTON WAY LONDON E3 4XL ........on 16/06/2018 thus incurring the parking charge (PCN). The driver of the vehicle agreed to pay the PCN within 28 days of issue yet failed to do so. The claimant claims the unpaid PCN from the defendant as the driver/keeper of the vehicle. Despite the demands being made, the defendant has failed to settle their outstanding liability. The claimant claims £100 for the PCN, £60 contractual costs pursuant to the contract and the PCN terms and conditions, together with the statutory interest of £16.92 pursuant to the s69 of the county courts act 1984 at 8.00% per annum, continuing at £0.04 per day."

The letter says at the back "IF YOU DISAGREE WITH THE CLAIM OR IF YOU WANT MAKE A CLAIM AGAINST THE CLAIMANT(COUNTER CLAIM) : You must send either the completed acknowledgement of service form or defence form to the court 14 days of the date of service. If you send the acknowledgement of service you must send a defence to court to arrive no later than 28 days from the date of service." (Court Letter issue date: 11 Nov 2019)

Claimant is UK CAR MANAGEMENT LTD (CPM) address and sending documents and payment : Gladstones Solicitors LTD, Warrinton Road, WA16 6AA.

Some details of that parking by me: I parked on Wellington Way on a single yellow line at 21:14 which controlled by tower hamlet council. Off Wellington way there are some flats with some parking bays which managed by CPM. I never parked on those bays. On pictures it clearly shows I parked on single yellow line on the road. I have explained this on my appeal but they refused my appeal on 21 August 2018 and demanded £100 as they said I didn't appeal within 14 days which was not correct. I appealed on 19/06/18 (have post office receipt with their postcode). CPM didn't respond my appeal and sent me a formal demand letter then I called them and asked them why didn't respond to my appeal, they said they didn't receive my appeal.However I appealed again on 24/07/2018 (have post office receipt with their postcode) and got response on 21 August 2018 which I mentioned earlier. I then got quiet and I dont know if they have sent any letters to me.

any help will be much appreciated. If you need any other info please let me know.

best regards
Silver

The_Deep

The claimant claims £100 for the PCN, £60 contractual costs

That £60 may well be unlawful and persuade the judge that the solicitors may be trying to defraud you, read this thread

https://forums.moneysavingexpert.com/discussion/6014081/abuse-of-process-district-judge-tells-bwlegal

[FONT=Times New Roman, serif]Nine times out of ten these tickets are scams, so consider complaining to your MP after the election, it can cause the scammer extra costs and work.

Parliament is well aware of the MO of these private parking companies, many of whom are former clampers, 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.

[/FONT][FONT=Times New Roman, serif]http://www.legislation.gov.uk/ukpga/2019/8/contents/enacted[/FONT][FONT=Times New Roman, serif]

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

KeithP

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

Silverocks

11 November 2019

KeithP

Silverocks wrote: »

11 November 2019

With a Claim Issue Date of 11th November, you have until Monday 2nd December to do the Acknowledgment of Service. If possible, do not do the AoS before 16th November, but otherwise 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 Friday 13th December 2019 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.


When you are happy with the content, your Defence could 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. No need to do anything on MCOL, but do check it 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 trying to keep you under pressure. Just file it.
   
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.

Silverocks

Thanks a lot Keith. But I just did the acknowledgement service 5 min ago. So I can send my defence to CCBC email on 15th November, right?

Will you be able to help me write the defence? I can provide you with the letter that I sent for appeal to CPM and their response with refusal letter. I also have pictures for that night as how I have parked on single yellow line.

Le_Kirk

Silverocks wrote: »

Thanks a lot Keith. But I just did the acknowledgement service 5 min ago. So I can send my defence to CCBC email on 15th November, right?

Will you be able to help me write the defence? I can provide you with the letter that I sent for appeal to CPM and their response with refusal letter. I also have pictures for that night as how I have parked on single yellow line.

Today is 15th November, so it could be difficult to send it today. KeithP explained that you have until 16th December to file your defence.

Nobody on the forum will write your defence, what they will do is critique it and offer suggestions. If you go to the NEWBIE sticky post # 2, you will find 17 pre-written defences. Pick one of those and adapt it to suit your circumstances. Post it here for critique and help.

KeithP

Silverocks wrote: »

But I just did the acknowledgement service 5 min ago.

Because of that, I have adjusted my earlier post to show...

...you have until 4pm on Friday 13th December 2019 to file your Defence.

Silverocks

Sorry Keith I have never done this before. So thought quicker is better as its a court matte.

Thanks Le-Kirk. I will try and follow the newbies #2. Now the first think next week is to send CPM a letter by post for SAR. Then shall I wait for them to respond? and prepare my defence and post here fou you guys to comment. Thanks all for your time.

Le_Kirk

You don't need to post letters to them, if it is UK Car Park Management just submit your SAR by e-mail to dpo@uk-carparkmanagement.co.uk along with a copy/scan/photo of your V5C to prove who you are.

Alexandrahood

Hi all, I’m at the beginning of this crap with cpm. I stupidly appealed. My pass was in my window on the first occasion but it was apparently (scrunched up) the hologram was clearly visible! The second time after I stuck it on it fell off but I park for work and only me and one other have the permits issued to us by our service management company.

I got a letter the other day but they have called me Miss Wood. As you can see, my surname is Hood.

I’ve read a lot of Info, on all of the threads. Still confused as I guess every case is different. I emailed the DVLA but nothing back yet.

I am not very good with this type of thing. What should my next step be? My plan was to keep ignoring but I’m clearly worried.

Sorry to go over old ground!