Help needed today F1RSTPARKING LLP

mike15951

Morning all - I received a CLAIM FORM to an old address regarding 3 PCN's (now £487 with legal fees etc) that were given at sussex university in 2019 which has since been forwarded to me (fortunately a  day before the 14+5 days is up) - the claimant is F1RST PARKING LLP and the other party is DCB LEGAL LTD. 

My questions is what are my options - A SAR was sent in mid jan and the information received which looked pretty complete. Pics/signs etc.
Is there anything I can do at this point or do I just pay. The unfortunate thing is that I had this exact scenario with the same parties but for Brighton Uni around 6 months ago for £650 and just decided to pay but I really don't want to again if at all possible.

Could I send something like this that I found on a previous thread from 2018? Is it still valid?




Dear F1rst Parking,

You have recently sent letters addressed to me, but sent to an old address, including a fake/copy of a claim form to make it appear you have filed a small claim already. This is harassment and a misleading business practice, contrary to consumer protection law.

You are now required to take the following action in order to comply with pre-Action protocols and to fulfil the overriding objective:

1. Send me your evidence of any contravention by the driver, including the contract itself (signage terms) and all photos taken.

2. Send me copies of the letters you contend were sent (albeit they were not 'served' to me, due to your use of an old address).

3. Explain on what basis you are holding me liable as registered keeper, or show me your evidence as to the identity of the driver so I may pass the Notices you send me, onto that person.

4. Explain whether you believe F1rst Parking has complied with the POFA 2012, Schedule 4, including all Notice to Keepers in your reply.

Whilst the matter is clearly under dispute and you have not shown any evidence nor any coherent draft particulars nor cause of action against me as keeper, it would be wholly vexatious and unreasonable if you attempt to proceed with a small claim. Kindly supply the information, photos and letters, within 14 days which appears a reasonable timeline since these must be in your possession if you believe you have grounds to make a claim.

You must send these and all future correspondence to my current address for service which is:

xx xxxxx
xxxxxxxxx
xxxxxx
xxxx xxx

yours faithfully,



Thank you in advance 

mike15951

To add to this - and I am not sure this would make any difference but within the SAR PDF  received back from F1RSTPARKING containing all the PCN details - there is a page labelled keeper details and within the name row - they have not put a space in between the middle and last name. Would this give any leverage? Presumably not but thought I would ask.

Kind regards

Redx

If you have a claim form from the CCBC in Northampton , you should defend it , login to MCOL and do the AOS asap

Post the issue date from the claim form below

There are several similar cases on the boil here at the moment , read a few , plus read the newbies FAQ sticky thread near the top of the forum , second post as well

Because you already have a SAR reply , you cannot send another one

As long s it's clear who the person is , no it does not give any leverage , minor mistakes happen , de minimis

mike15951

Appreciate your reply Redx - Issue date from claim form is 16th Feb 2021 and yes it is indeed from CCBC Northampton. I will login and take a look at AOS.

Redx

Read the newbies FAQ sticky thread , it has instructions on doing the AOS , do not wing it !!

Knowledge is power , ignorance breeds failures 

Umkomaas

Get that AOS done today. It's simple and straightforward. Do not put anything in the Defence box. 

Submitting this now will buy you a further 14 days to formulate your defence. 

beamerguy

mike15951 said:

Morning all - I received a CLAIM FORM to an old address regarding 3 PCN's (now £487 with legal fees etc) that were given at sussex university in 2019 which has since been forwarded to me (fortunately a  day before the 14+5 days is up) - the claimant is F1RST PARKING LLP and the other party is DCB LEGAL LTD. 

DCBL have one major problem ..... they add fakes to their claim

There is a wealth of information in the DCBL group thread to help you challenge a fake unreliable claim
DCBL letters ... forum group thread
https://forums.moneysavingexpert.com/discussion/6237177/dcbl-letters-forum-group-thread#latest

And READ THIS
EXCEL v WILKINSON ..... claim struck out for ABUSE OF PROCESS.  DDJ Jackson who is now HHJ Jackson made this ruling.  
https://www.dropbox.com/s/16qovzulab1szem/G4QZ465V Excel v Wilkinson.pdf?dl=0

mike15951

Thank you for your replies - I have completed the AOS process following the thread and have started reading through the defence process. 

D_P_Dance

Are you sure the claim is a fake?   They are  cheaply printed and, to a newcomer, may look as though they are.  .

They are very unlikely to send you the contract.  Nor are they likely to be intimidated by your robust phraseology,  Additional legal fees are very likely to be unlawful, read this

Excel v Wilkinson

At the Bradford County Court, District Judge Claire Jackson (now HHJ Jackson, a Specialist Civil Circuit Judge) decided to hear a 'test case' a few months ago, where £60 had been added to a parking charge despite Judges up and down the country repeatedly disallowing that sum and warning parking firms not to waste court time with such spurious claims.   That case was Excel v Wilkinson: G4QZ465V, heard in July 2020 and leave to appeal was refused and that route was not pursued.  The Judge concluded that such claims are proceedings with 'an improper collateral purpose'.   This Judge - and others who have since copied her words and struck dozens of cases out in late 2020 and into 2021 - went into significant detail and concluded that parking operators (such as this Claimant) are seeking to circumvent CPR 27.14 as well as breaching the Consumer Rights Act 2015.   DJ Hickinbottom has recently struck more cases out in that court area, stating: ''I find that striking out this claim is the only appropriate manner in which the disapproval of the court can be shown''.

I would suggest a more detached and less confrontational style.  .

Have you complained to your MP?  

mike15951

Hi D_P_Dance - I am a newcomer and am not sure whether it is fake or not. I presume it doesn't affect my next steps which are to contest via AOS and beyond. 

I haven't complained to my MP - should I?

Thanks

Redx

It is definitely not fake as you well know , because you completed your AOS online , proving that is is a real and live claim

I would crack on with my Defence , deal with other issues after the defence has been submitted