CP plus county court claim

Smart_Owl

Hello

I am writing on behalf of the keeper to who county court claim was issued. 

Keeper received court claim from CP Plus, DCB Legal which issue date is on 28.04.2020 and completed AOS on 8th of May.

Keeper received multiple PCNs (Around two years ago) for overstaying long duration in a shopping centre car park. Parking charge notices to keeper were sent months after alleged parking date. Keeper did not appeal. 

 At the moment CP plus demands from the keeper more than £1000 only for PCNs. Which is £170 per PCN. Plus additional damages for something else.

The keeper already started to prepare defence but it’s not finished yet, as it all is causing a massive distress so any advice will be highly appreciated. 

Thank you

D_P_Dance

The newbies thread at the top of the index page is choc full of advice, start there.

Nine times out of ten these tickets are scams, so consider complaining to your MP, it can cause the scammer extra costs and work, and has been known to get the charge cancelled.

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, when life gets back to normal, it will become impossible for those scammers who are left to continue their vile trade, 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.

Redx

Adapt the Feb 2020 template by coupon mad , only 2 paragraphs to alter so not a big job

How many PCN,s on the claim ? Six ?

Smart_Owl

Thank you D_P_Dance,

 After seeing what tactics CP Plus use, complaining to the MP definitely will be considered as soon as keeper will finish defence.  

Smart_Owl

Redx said:

Adapt the Feb 2020 template by coupon mad , only 2 paragraphs to alter so not a big job

How many PCN,s on the claim ? Six ?

Yes, six

Coupon-mad

You only need to show us your #16 and #17 facts that you are advised to write yourself. 

That will be facts about where the car park is, and the fact the NTKs arrived outside the deadline and without the words from the POFA 2012 Schedule 4 that would have enabled the C to pursue the D as registered keeper.  If you know you were probably not the driver, in that section of the defence, you deny being the driver on any/all occasions (but ONLY if that's true).

And make sure you change the statement of truth to the new, April 2020 longer version (as per the NEWBIES thread) because the template still has the OLD short one!

Oh, and go through it making it make sense for SIX PCNs, obviously, changing every mention of 'the parking event' or 'date' 'the PCN' to a plural, and the 'global sum' in #2 of the template needs to be whatever they've put in the Particulars, near the bottom left of the claim form (NOT THE SUM ON THE RIGHT).

KeithP

Smart_Owl said:

Keeper received court claim from CP Plus, DCB Legal which issue date is on 28.04.2020 and completed AOS on 8th of May.

With a Claim Issue Date of 28th April, and having filed an Acknowledgment of Service in a timely manner, you have until 4pm on Monday 1st June 2020 to file your Defence.

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

To file a Defence, follow the guidance in this post:

https://forums.moneysavingexpert.com/discussion/comment/76880595#Comment_76880595

Don't miss the deadline for filing a Defence.

Smart_Owl

Coupon-mad said:

You only need to show us your #16 and #17 facts that you are advised to write yourself. 

That will be facts about where the car park is, and the fact the NTKs arrived outside the deadline and without the words from the POFA 2012 Schedule 4 that would have enabled the C to prusue the D as registered keeper.  If you know you were probably not the driver, in that section of the defence, you deny being the driver on any/all occasions (but ONLY if that's true).

And make sure you change the statement of truth to the new, April 2020 longer version (as per the NEWBIES thread) because the template still has the OLD short one!

Oh, and go through it making it make sense for SIX PCNs, obviously, changing every mention of 'the parking event' or 'date' 'the PCN' to a plural, and the 'global sum' in #2 of the template needs to be whatever they've put in the Particulars, near the bottom left of the claim form (NOT THE SUM ON THE RIGHT).

Thank you, 
If the global is amount the total one in particulars, I guess the keeper doesn't not have to include £170 in defence at all, as this amount wasn't ever mentioned in the PCN's  or any other letters.  

Smart_Owl

KeithP said:

Smart_Owl said:

Keeper received court claim from CP Plus, DCB Legal which issue date is on 28.04.2020 and completed AOS on 8th of May.

With a Claim Issue Date of 28th April, and having filed an Acknowledgment of Service in a timely manner, you have until 4pm on Monday 1st June 2020 to file your Defence.

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

To file a Defence, follow the guidance in this post

https://forums.moneysavingexpert.com/discussion/comment/76880595#Comment_76880595

Don't miss the deadline for filing a Defence.

That's a great news. 
As initially thought it was only 14days file defence. This is a big relief

Coupon-mad

Yes I think I know what you are saying, but show us your planned #2, #16 and #17 and confirm that you have found the April 2020 statement of truth for the bottom of your defence, above your signature and date (see NEWBIES thread, or Google it).

Redx

Smart_Owl said:

Coupon-mad said:

You only need to show us your #16 and #17 facts that you are advised to write yourself. 

That will be facts about where the car park is, and the fact the NTKs arrived outside the deadline and without the words from the POFA 2012 Schedule 4 that would have enabled the C to prusue the D as registered keeper.  If you know you were probably not the driver, in that section of the defence, you deny being the driver on any/all occasions (but ONLY if that's true).

And make sure you change the statement of truth to the new, April 2020 longer version (as per the NEWBIES thread) because the template still has the OLD short one!

Oh, and go through it making it make sense for SIX PCNs, obviously, changing every mention of 'the parking event' or 'date' 'the PCN' to a plural, and the 'global sum' in #2 of the template needs to be whatever they've put in the Particulars, near the bottom left of the claim form (NOT THE SUM ON THE RIGHT).

Thank you, 
If the global is amount the total one in particulars, I guess the keeper doesn't not have to include £170 in defence at all, as this amount wasn't ever mentioned in the PCN's  or any other letters.  

No need to guess at all , plus if you have studied the template defence you would know that you are objecting to that sum plus anything else

£170 is made up of the original £100 PCN plus the debt collector add-on of £70 ( read about the abuse of process )

Doing the AOS in time doubles the time limit deadline from 14 days to 28 days , you can trust the dates given by KeithP , he has posted the details hundreds of times on here , and why