bank park management ltd parking fine

Joity

Hi All,
This is on behalf of a friend of mine. He was given a parking fine at the Farley centre in west Bromwich. This was issues back in may 2018. At the time of parking he did go and get a ticket from the machine but when the ticket was printed it only had "0" as the registration therefore ended up getting a PCN. He did however extend the time by going back to the car and this time the ticket had the correct registration.
But the problem was that he had recently moved houses and the PCN was sent to the address he used to live at. He was then sent a bundle of letters in July from his landlord and noticed the PCN.
 However it was well over the 14 day period and the fine went up. He then emailed them explaining what had happened that he did get a ticket and that it was unfair for him to be charged for this. 

Bank park then replied and stated that they are not accepting the appeal at this stage as they had already forwarded it on to ZZPS debt collectors and that he has to liaise with them. After that for 2 years nothing happened. My friend did not receive anything from ZZPS. Suddenly on 10th/07/2020 he has now received a letter from DCB Legal ltd. On the top right hand of the letter it states "In the  COUNTY COURT BUSNESS CENTRE". He is being asked for over £200 now to settle this. 

Could you guys please advice in regards with how to best pursue this from here on. I have personally had PCNs cancelled in the past with your help but am not too sure where to go with this and if its too late. 

Thank you in advance. 
 

KeithP

Joity said:

Suddenly on 10th/07/2020 he has now received a letter from DCB Legal ltd. On the top right hand of the letter it states "In the  COUNTY COURT BUSNESS CENTRE".  

Sounds like he may have received a Claim Form from the County Court Business Centre.

If so, then please tell us the Issue Date on that Claim Form.

If it is not a County Court Claim Form, please tell us what it is.

Fruitcake

It is not a fine.

Your friend really needs to come here and deal with this himself otherwise vital information especially regarding court procedures may be missed.

He should read the sticky thread for NEWBIES, especially the guide to court written by bargepole in the second post of the NEWBIES.

He should also read the sticky thread about a template defence for all cases where fake amounts have been added on, plus the Abuse of Process thread by beamerguy.

Coupon-mad

This is a fault of the machine and has been tested in court before:

http://parking-prankster.blogspot.com/2016/10/peel-centre-machine-failure-transcript.html
Easy to defend.  The person can use the template defence and add in specifics about the machine failing to record the VRM the driver input, in points #17 and #18.  Easy to win - albeit defence is not the only stage of course and that's all covered in the NEWBIES thread second post.

Please answer KeithP's question about the ISSUE DATE if this is an N1 court claim.

Redx

Read all the other recent Bank court claim threads , the recipient should follow tha same advice given in those other threads , no appeal at court stage

And get the issue date from the claim form and post it below as asked for by KeithP above

Joity

KeithP said:

Joity said:

Suddenly on 10th/07/2020 he has now received a letter from DCB Legal ltd. On the top right hand of the letter it states "In the  COUNTY COURT BUSNESS CENTRE".  

Sounds like he may have received a Claim Form from the County Court Business Centre.

If so, then please tell us the Issue Date on that Claim Form.

If it is not a County Court Claim Form, please tell us what it is.

Issue date is: 08/07/2020. Thank you. 

D_P_Dance

It is not a fine, it is an invoice from an ex-clamper to compensate them for the alleged harm they suffered when you did what you did. We call it a scam. Pay them not a penny unless a judge so orders it.

Nine times out of ten these tickets are scams, so consider complaining to your M,P., it can cause the scammer extra costs, 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 later this year,

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

KeithP

Joity said:

KeithP said:

Joity said:

Suddenly on 10th/07/2020 he has now received a letter from DCB Legal ltd. On the top right hand of the letter it states "In the  COUNTY COURT BUSNESS CENTRE".  

Sounds like he may have received a Claim Form from the County Court Business Centre.

If so, then please tell us the Issue Date on that Claim Form.

If it is not a County Court Claim Form, please tell us what it is.

Issue date is: 08/07/2020. Thank you. 

It really surprises me that you can describe a County Court Claim Form from the County Court Business Centre as "a letter from DCB Legal ltd. On the top right hand of the letter it states "In the  COUNTY COURT BUSNESS CENTRE".
The biggest letters on that Claim Form are Claim Form yet you failed to mention it.

Anyway...

With a Claim Issue Date of 8th July, you have until Monday 27th July 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 Monday 10th August 2020 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.To create a Defence, and then 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.


Of course everywhere I have written 'you' or 'your' I mean the named Defendant.

Coupon-mad

As I said - easy to defend. 

h_singh

Hi all,

I'm the friend Joity mentioned - I was really stressed so I asked Joity to help me out of this. The instructions you've provided are so helpful and I've just completed the stage 1 by filing an AoS (the guidance in the Dropbox file is clear).

I'll continue with reading the second post on the NEWBIES thread...

diffie

Hi all,

following the second post in the NEWBIES thread I did file an AoS to the court, send email to BANK PARK MANAGEMENT for the Subject access request and send email to DCB Legal for information.

Yesterday DCB Legal sent the following response:

Subject: RE: Subject Access Request 'SAR' to BANK PARK MANAGEMENT LIMITED

We write further to your e-mail dated 15th July 2020.

Your e-mail is headed 'Subject Access Request to Bank Park Management Limited' but has been addressed to DCB Legal. Please confirm if you are making a Subject Access Request to DCB Legal, and if so, please clarify your request.

Please note that you have failed to amend section C of your templated request.

As a Claim has been issued, the matter will not be placed on hold. We suggest that you address the Court documentation as you see fit.

You may wish to seek independent legal advice, should you be unsure of your position.

Kind Regards,
<removed>
DCB Legal Ltd

I did reply them confirming that the email was for their information and that the SAR request had been sent to Bank Park Management.

This morning the Bank Park Management replied in regards to the SAR request. They've only provided the PCN record, nothing else. They haven't provided the PDT machine record of payments made. The ticket had VRN "0" instead of the the car's.

What should be the next step with this?