County Claim CP Plus/ DCB Legal

BellieBe

Hi, for anyone who is saying that CP Plus doesn’t go to court... is that because they drop the ball before the actual court date? 

My DH received a county court claim- issued 29 April. They are for several instances in 2014/2015 so obviously last attempt before 6 years runs out.
We have sent the SAR but he’s not managing to acknowledge service online- does anyone else know if they are having network problems? We’ve got a number to call in the morning.
Working on the defence, I’m guessing our main point will be the Abuse of Process... claiming over £2000 for maybe £800 in tickets. (I know- either way it’s ridiculous!)

I’ll put the defence up once we’ve got it readable.

Thanks!!

Coupon-mad

We have sent the SAR but he’s not managing to acknowledge service online- does anyone else know if they are having network problems?

No idea.   

Why not email a copy of the acknowledgement of service to the CCBC instead, and make sure no-one puts ANYTHING in the defence page/boxes of that claim paperwork. 

ONLY do the AOS and make sure it comes from the right person in the household (the named Defendant).

for anyone who is saying that CP Plus doesn’t go to court... is that because they drop the ball before the actual court date? 

We are not saying CP Plus don't do court.   We've seen a few filed recently on this forum, but they are very likely doomed claims, as long as the driver is not admitted.  There are other CP Plus cases here for you to read (scroll though the forum, skim reading headings from say the first 25 pages).  CP Plus can't hold a keeper liable, as has been discussed several ties recently on other CP Plus court threads where people are happily defending their claims with confidence.

BellieBe

Thanks coupon-mad.
Yeah he is planning on calling them tomorrow and emailing it over if they say it’s ok. I’ll make sure it’s from him-
 I’m just doing all the legwork since he’s up to his eyeballs in doing furlough paperwork for his small business.

Thanks for the advice. I’ll scroll through and see how others have defended specifically with CP Plus.

KeithP

BellieBe said:

My DH received a county court claim- issued 29 April.

With a Claim Issue Date of 29th April, you have until Monday 18th May to file an Acknowledgment of Service, but there is nothing to be gained by delaying it. 

To file an AoS, follow the guidance in this post:

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

Having filed an AoS, you have until 4pm on Monday 1st June 2020 to file your Defence.

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

To file a Defence, look again at the link above.

D_P_Dance

Is this residentiial?  If so, have you read this.

http://parking-prankster.blogspot.com/2016/11/residential-parking.htmlantsot

What does your lease/AST say about parking? Does it mention the need to display a permit? then it may take primacy over the self serving TnC of the scammer, and interfere with your lawful right to “quiet enjoyment” of your property, possible an offence under The Landlord and Ten Acts.

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 in some cases, cancellation.

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 enacted

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

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

BellieBe

Thanks, no it’s not residential- all Motorway. Lots of work travel.

DH has just been on the phone with the court (on hold for 1 hour!) but they  confirmed their website is having problems and gave him an email to submit his AOS & Defence (if it’s still not working.)
 If anyone is in the same situation, the email is: ccbcaq@justice.gov.uk

Coupon-mad

Yes I've now heard from bargepole that the MCOL system for submitting claims & defences has crashed at the mo.

BellieBe

Hiya, so we’ve got back the SAR packet. It’s very confusing as not a single (of 8) PCN matches the particulars of claim. 

The dates are there- but with different PCN numbers. Some are actually the dates for a different PCN on the list and some are just completely different PCN numbers not listed at all.

(Hope that makes sense, I’ve just spent a good hour reading through and matching up the incident dates.)

Is that something that can/should be in the defence or will the judge just think it’s pedantic? Like, PCN xxx on the claim form doesn’t exist because they’ve listed the wrong PCN number? Or the fact they are trying to confuse the system because it’s so muddled?

Le_Kirk

It should certainly be in the witness statement, possibly in the defence if you haven't yet sent it, on the basis that your court claim is for PCN XXXXX but your court claim is PCN YYYYY therefore the claim is null and void.

BellieBe

Ok I’ll add it in. Thanks. 

BellieBe

Just wondering, could that open the PCN’s up to being pursued again with the correct details? Is it better to just stick with Abuse of Process to avoid having to go through this for a second time?