PCM (UK) Ltd Claim Form from County Court Business Centre (Northampton)

nattyq

Good Afternoon,

Firstly, I've read the other forums (the NEWBIE and other PCM UK Ltd forums) but couldn't find what I was looking for, so apologies if I'm duplicating here.

I would really appreciate some advice as I've received a Claim Form today, dated early June, along with a Response Pack stating I have limited time to reply but I'm not sure how to proceed.

The background is that a PCN was issued to my partner late last year - I had appealed as the registered keeper after receiving the Notice to Keeper in the post (on the basis that he had parked the car, went upstairs to his sister's apartment, where she duly 'registered a session' whereby you get 30 mins free parking at that location - and so we maintain that there was a valid parking session in force.) They rejected the appeal, saying a registered session wasn't in force, although I have the online confirmation of the session being registered; they say the session should be registered when parking but that there is a grace period between parking and any enforcement but refuse to specify what that grace period is. The reason I mention this is because, as mentioned, my partner parked and then went up to the apartment before registering and so there was a little delay between the two. (In addition, my partner says he actually saw someone that looked like a 'parking officer' spying on him - as in literally hiding behind objects and watching him as he parked up, so I doubt that there was much of a grace period given, as they probably pounced as soon as he entered the building!)

Anyway, not long after I received a letter from TRACE, which I ignored per the advice on here and now, a few months later, the Claim Form has arrived. I didn't receive a Letter Before Claim, which I think usually comes first?

I'm going to dispute the case and ask for some extra time (as the deadline would be mid next week, going by the issue/service dates, even though it was only received today.)
 
I think I need to request this extra time on www.moneyclaim.gov.uk?

After that I need to prepare my defence and this is where I need some help please:

I was planning to literally just state what I did in my appeal to PCM - i.e. that a session was registered on the day in question etc. but I don't know if that would be sufficient or if I need to include anything else? I would really appreciate some advice and guidance on this please.

Thanks in advance!

KeithP

nattyq said:

I've received a Claim Form today, dated early June...

Hello and welcome.

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

D_P_Dance

Read this

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

What does your sister's 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 her lawful right to “quiet enjoyment” of your property, possible an offence under The Landlord and Tenants 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.

Le_Kirk

If you have read the NEWBIE sticky second post and missed the advice about how to submit the AoS and the way the date is calculated, you need to read it again.  There is a Dropbox link that shows a walk-through of the AoS process.  If you show the ISSUE DATE of the claim form from Northampton CCBC, @KeithP will be along to give you some advice about dates, along with links to take you to the defence template.

nattyq

Hello and thanks for replies.

The Issue Date is 5 June 2020

KeithP

nattyq said:

The Issue Date is 5 June 2020

With a Claim Issue Date of 5th June, you have until Wednesday 24th June to file an Acknowledgment of Service, but there is nothing to be gained by delaying it. 

To file an AoS, follow the guidance in the Dropbox file linked from the second post in the NEWBIES thread.

Having filed an AoS, you have until 4pm on Wednesday 8th July 2020 to file your Defence.

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

To create and file a Defence, look again at the second post on the NEWBIES thread - immediately following where you found the Acknowledgment of Service instructions.

Don't miss the deadline for filing an Acknowledgment of Service, nor that for filing a Defence.

Redx

The typical defence that you adapt is near the top of this forum

A defence is not a witness statement , learn the difference by reading up on them , what you said you were going to say is part of the witness statement , not the defence

Do the AOS online , as directed by KeithP above asap

Email a SAR to the DPO at the PPC to obtain all your data attaching a copy of the claim form as proof of I D under the GDPR law

Le_Kirk

Have they added a spurious £60 as either debt management, admin or contractual costs?  If so, you can use the standard defence template which includes the abuse of process elements.

nattyq

Yes they have added the £60 - I will look at that template, thank you!

Coupon-mad

How do posters miss the stuff about how to defend a claim and what to do when?  

Second post of the sticky thread for NEWBIES.

nattyq

Thanks for all your replies once again, much appreciated; I'm unsure how to reply to individual messages, but will follow all your advice.

Going over the NEWBIES thread again, I can see it now, but I guess it's a little bit overwhelming when reading for the first time

Good night