County Court Claim Form

Le_Kirk

Looks like you've won - well done.  Keep doing what you are doing and check on MCOL sporadically.

SayNoToPCN

I would say you can call that a win!
Make sure the claim does get discontinued - if this has gone to your local court already, not sure, then MCOL will not be updated; you will get a letter from your local court

Coupon-mad

Erfan1135 said:

Hello everyone, 

Back again with some amazing news!!! 

I have just received a "notice of discontinuance" from the claimant for all of the claim. 
It is a N279 form signed and dated and sent to CCBC to be granted permission for the claimant to discontinue the case. 
MCOL has not been updated although the letter is dated 26/03.

Is there anything else I must do? 

Thank you all so much for all your help and support. Absolute legends.

Well done!  Amazing news indeed.

ANOTHER CARE PARKING ONE BITES THE DUST!


Just reminding everyone that this was a 4 figure claim to a tenant who had proof of a right to park (permission granted by the owner of the space)

...the Particulars of Claim is for unpaid tickets for parking in a private car part from 01/2018 to 09/2018 (16 tickets they said when I have called them up to find out more). the Form also states that the defendant contravened the claimant's displayed terms and conditions. the total amount is £1280 (added by £70 court fee, £80 legal representative's costs)


I live with my parents and my dad is the legal tenant, I have evidence such as driving licence and bank statements that states I do live at this particular house since 2016. 
So, first of all, I do not know if I have been charged because not showing the permit or not parking in my own space as I park my vehicle at my neighbour's space as they do not have a car themselves and allow me to use their. have to mention that their consent has been gained verbally and I can ask them to put in writing as they are happy to do so.

What I have done so far: 
... I have read thru my dad's tenancy agreement and It states that the landlord shall permit the tenant to have quiet enjoyment of the property without interruption and there is nothing about needing to display any sort of permits which obviously means there is no obligation to display any sort of permit and my dad's lease has primacy of contract.

If you still live there, can that nice neighbour and you and your Dad as well (URGENTLY) jointly sign a letter to the Managing Agent, attaching the discontinuance and telling them to tell the parking firm to drop any remaining PCNs (all 16 cannot possibly have been in a £1280 claim) against any of you/your cars.

And to CEASE AND DESIST with trespassing in your allocated bays immediately, no further parking charges to be applied in the spaces allocated and granted to your Dad (your family) and the neighbour (who has granted you express rights to park). 

End by saying that, if they fail to cancel all PCNs and stop this harassing enforcement, the Managing Agent will be brought in as a joint party, in the event of any further legal action, either attempted by this parking firm (or any other parking firm foisted upon you all by the MA) or indeed in the event of you having to get an injunction and suing all parties, as happened in Roger Davey v UKPC:

https://www.consumeractiongroup.co.uk/topic/324523-ukpc-liable-for-trespass-success/

I am concerned if you don't, we will see you back with another claim form for the other PCNs (or a form of torture, with several claim forms coming bit by bit) later his year or later oin in the hope that you have moved away and they'll try to get a default judgment against you for not defending one in time.

From the Particulars of Claim, could you not even tell how many tickets were on the claim and WHICH tickets?  Was this set out clearly on the Letter before Claim on a table with the PCN refs?  If not then you are in the dark as to which are cancelled out of the 16 and which are not.

It is only by putting the wind up the MA and telling them they will be required to attend court next time, that you will see them completely cease and desist.

D_P_Dance

They have wasted your time, now consider wasting theirs, read this,

https://www.citizensadvice.org.uk/law-and-courts/legal-system/small-claims/making-a-small-claim/

Erfan1135

Coupon-mad said:

Thanks for your reply.  so the letter I have received initially states: 

"Breaches occurred on 20/01/18 to 20/09/18 and for which Parking charge notices were issued.

The claimant claims 
1- £890 for monies relating to the parking's charge as set out above 
2- interest in the sum of £160.41 pursuant to s69 of the CCA 1984 at the rate of 8% p.a from 29/09/18 to date, or such other rate as the court deems fit 
3- interest hereon in at the same rate until judgement or sooner payment at the daily rate of £0.018
4- late payment surcharge £75

Furthermore in summary: 
amount claimed: 1130
court fee 70
legal representative's costs: 80 
total: 1280

In regards to 16 tickets, I have requested a SAR once I have received a claim form (asked for all images/ evidence of the PCNs affixed to my windscreen from the date stated above). In which they send me the 16 tickets with PCN refs (all details such as images are included). their reply was:

- I have included a breakdown of each PCN issued between the dates you specified. In each folder you

will find all the images relating to the PCN and an overview including; times, dates, issue reason etc.

- My neighbour has gone back to his country and therefore I wouldn't be able to ask for his signature. Therefore would it be okay if I proceed with mine and my dad's signature? 

- As everyone mentioned I must keep checking MCOL or either wait for a local court letter, any alternative way to get some update as this letter itself took almost 4 months to come through 

Coupon-mad

You don't need to keep checking MCOL because this claim is over but those particulars gave you no idea which PCN refs the claim was about!  Who actually filed these incompetent Particulars of Claim, was it Gladstones or another legal firm, this is madness because the Late Payment Surcharge regs only relate to businesses!

4- late payment surcharge £75

- My neighbour has gone back to his country and therefore I wouldn't be able to ask for his signature. Therefore would it be okay if I proceed with mine and my dad's signature? 

Yes of course, your Dad MUST tell the MA to stop the parking firm (or any parking firm) from bothering him in his bay - so tell the MA to cease and desist and use the wording I said, telling them they will be added to the next claim if one is made or if Dad has to get an injunction or other legal advice and suffers any loss/costs.

But where are you parking the second car now?  How are you going to show authority to park there each day if the neighbour isn't there?

Erfan1135

Coupon-mad said:

So the claimant section is: 
Anchor Security services LTD 
T/A Care Parking 
... 
...

My neighbour is on holiday and they have not moved out. So their consent is still valid for me to park in their Bay. 

I will go to my landlord and furthermore write to MA to ensure I have done everything that must be done for any potential bs like this. 
Thank you.

Coupon-mad

Yes but which solicitor is handling the documents and signed the claim form?  The PPC didn't try to do this claim themselves, did they? 

What a messy claim!  No way to identify the PCNs in play and an attempt to add an illegal 'surcharge'.  No wonder they gave up.