6 Year old Parking Ticket County Court Claim

Tinytim12356

So yesterday i received a county court claim from DCD legal stating that my car was in breach of contract at a service station back in 2015.


Details

1. The Defendant (D) is indebted to the Claimant (C) for a Parking Charge(s) issued to vehicle ******* at “Service Station in Question”.

2.The PCN details are **/**/2015 ************

3. The PCN(s) was issued on private land owned or managed by C. The vehicle was parked in breach of the Terms on Cs signs(the Contract), thus incurring the PCN(s).

4. The driver agreed to pay within 28 days but did not. D is liable as the driver or keeper. Despite requests, the POCN(s) is outstanding. The Contract entitles C to damages.

AND THE CLAIMANT CLAIMS

1.  £170 being the total of the PCN(s) and damages.

2. Interest at a rate of 8% per annum pursuant to s.69 of the County Courts Act 1984 from the date here of at a daily rate of £0.04 until judgment or sooner payment.

3. Costs and court fees 

Amount claimed - 249.49

Court fee - 25.00

Legal representative's Costs - 50.00

Total amount - 324.49

- Reasons Not liable

The Car Park in question is at a free service station with a 2 hour time limit that I apparently exceeded

I was very tired after working a 16 hour shift

Did not see any signage alluding to the suggested time limit - this was not helped by it being dark and during the early hours of the morning 

Have moved house 4 times since that date, so I have not received any prior information to this day

I have read the "newbies" thread and completely understand the process that I need to go through and have currently requested a SARS from DCB Legal. 

I'll be sending off my AOS after day 5 as instructed.

After reading through the defence template, is there anything that I would need to alter/replace to suit my case (i.e. service station car park, not residential)? 

I'd be grateful for any further advice. 

KeithP

Hello and welcome.

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

Tinytim12356

Hello, sorry I left that out of the post. 

Issue date: 21st April 2021

KeithP

Tinytim12356 said:

Issue date: 21st April 2021

With a Claim Issue Date of 21st April, you have until Monday 10th May 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 24th May 2021 to file your Defence.

That's over 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 by email, 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.

KeithP

Who is the Claimant?

Coupon-mad

have currently requested a SARS from DCB Legal. 

Why?  They are not the Claimant parking firm and no-one tells you to ask a solicitor for a SAR.

Tinytim12356

Sorry yes im getting a bit tongue tied,

SARS has been requested from CP Plus Ltd T/A Via GroupNexus

The solicitor is DCB Legal

Coupon-mad

OK so what happened when you complained to MOTO's CEO, like everyone else does (assuming this is a Motorway services case again)?

Umkomaas

What was the exact date of the parking event in 2015, because legal proceedings can only be brought within 6 years of the event?

Tinytim12356

Coupon-mad said:

OK so what happened when you complained to MOTO's CEO, like everyone else does (assuming this is a Motorway services case again)?

I followed up with Moto's appeals team, but because I was outside of the 30 day window, (now 6 years) they informed me that its out of their hands. 

I didn't read anything on hear about complaining to the Moto CEO so did not actually see it as an option.
Yes it was a motorway services, i will give that a go if people have had some success in the past.

Thankyou

Redx

There have been a few recent Moto cancellations by their CEO etc , one was at Court claim stage , like yours is !!

Nothing to lose !!!