DCBLegal/CCPC County Court

FineFighter

Coupon-mad said:

Terry Szmidt

Just his name alone?

Just re-checked and its Terry Szmidt t/a Capital Car Park Control.

I've attached the county court papers - I'm quite confused that they've chosen to submit two separate claims and mixed and matched the locations. Is it worth petitioning the court to amalgamate these claims into one?

Apologies for previous inconsistencies - I'm quite anxious and stressed out by this and hoped they had gone away after the counterclaim threat.

FineFighter

I'm worried this thread is becoming a bit cluttered. Would it be worthwhile to close this and open a new thread with the salient points? 

Coupon-mad

Absolutely not!  eeek no.  We handle cases like this, on ONE thread with the full context.

You can find the words about amalgamating claims by searching the forum for Henderson estoppel defence

FineFighter

Thank you, I've found a defence of Henderson vs Henderson, written by your good self, here:
https://forums.moneysavingexpert.com/discussion/comment/77200964#Comment_77200964
Is this something I write to the solicitor in advance or does it go in my defence document?

I've got a second thread at Pepipoo for some further advice and been advised a counterclaim is unlikely to be fruitful despite POPLA and PoFA lapses, and although my wife also drives, the car was more or less solely used by the keeper, so difficult to know how much validity or utility the PoFA defences will have.

I went back through the counterclaim letter that I'd sent and realised I'd forgotten to put my name at the end, although all the other information was correct, so I've sent this this evening and I'm sure won't deter them from proceeding with this, I figured it was worth a go.


 

Coupon-mad

You are not writing to any solicitor in advance if you have 2 claim forms.  You work the Henderson wording into the defence near the start and you repeat it again for the other claim and you email them both separately to the CCBC once you are ready.  Keep an eye on your deadlines as advised by @KeithP.

FineFighter

Hi all, 
not sure how helpful this may be but I've uploaded the photos taken by the parking attendant NtK, windscreen invoice for each of the four parking invoices:

I've set up an album for each invoice with the NtK, initial windscreen invoice and photos they've taken:
https://ibb.co/album/QkWRxh - East Parkside
https://ibb.co/album/qYFZFr - Phoenix Avenue
https://ibb.co/album/vxhD6W - Phoenix Avenue
https://ibb.co/album/hxrvnm - Phoenix Avenue

I went today to try to get some photos of the signage but between then and now, they seem to have lost the contract to CPM.
Links to location:
https://www.google.com/maps/@51.4986817,0.0...3312!8i6656
(East Parkside - April 2020)
https://www.google.com/maps/@51.5005182,0.0...6384!8i8192
(Phoenix Avenue - March 2018)

I do also have some photos taken myself here of the signage:
https://ibb.co/album/0Q2fDp

Coupon-mad

I do also have some photos taken myself here of the signage:
https://ibb.co/album/0Q2fDp

That's a Local Authority sign under the PPC's sign.  Has it been said on your thread already? 
Check if this is public highway rather than private land (Council HIghways Dept).

FineFighter

Coupon-mad said:

I do also have some photos taken myself here of the signage:
https://ibb.co/album/0Q2fDp

That's a Local Authority sign under the PPC's sign.  Has it been said on your thread already? 
Check if this is public highway rather than private land (Council HIghways Dept).

Yes that was one of the points which helped to win at POPLA - the fact that jurisdiction was unclear, and there was no demarcation between which area the PPC was responsible for, and which the council was. 
I went today to see if I could get some further photos and the CCPC signs have been removed, with CPM now covering this area. Interestingly, the local authority sign has been removed now.

FineFighter

Looking at FindmyStreet (which I was directed to by the RBG website), Phoenix Avenue seems to be private land, but East Parkside may be public? (it says maintainable at public expense, Greenwich)
https://www.royalgreenwich.gov.uk/info/200259/transport_and_travel/91/highway_records
https://www.findmystreet.co.uk/map?usrn=20801699
https://www.findmystreet.co.uk/map?usrn=20803058

I will of course call/email the RBG highways department to find out definitively tomorrow.

Redx

reading the POC on that first claim form, it mentions £510 for the claim for the 3 pcn,s , but each one cannot have been more than £100, making £300 , so it appears that 3 x fake £70 have been added , more creative accounting on her fingers by Yasmin

the second one has also had the fake £70 added , double recovery , as a single PCN cannot have been more than £100, so more fakery