DCB Legal for CP Plus re Road Chef / Moto PCNs – Advice on defence against Claim

larry63

Hi All

Firstly please note this relates to parking at Killington Service station way back on 16/07/15, nearly six years ago, and for some reason having looked up how to respond around that time, the general jist was that these types of claims were to be ignored as they were not enforceable on the keeper and i do not know who the deriver was.

I now have a great deal of respect for the constant contributors on this aspect of this forum, and would greatly appreciate advice on how and what to submit at the next stage of submission.  IE what defences work.


Any advice would be appreciated as I know I am running out of time to get the next submission in, but I have kept coming back to this forum, and making sure I know approximately what I should be doing, before I was confident enough to submit my situation.

Thanks in Advance to any honest positive advice.

Lar

Umkomaas

Do a forum search on 'Road Chef' as there has been a rash of Letter Before Claim and actual court claims (like yours) and we've advised complaining to Road Chef about this harassment by their agent, almost 6 years later and in the middle of a national emergency and pandemic. Road Chef has been cancelling many charges when complaints have been raised. 

Here is one of the contacts - Luke Gross, email address luke.gross@roadchef.com.  He is the Commercial Manager, but you might need to also write to the CEO - your search should find his name and contact details too. 

With your N1 claim form issue date 21/04/21 and your acknowledgment of service (AOS) 7/05/21, you will get 33 days (from 21/04) to submit your defence. @KeithP will be along later with a confirmation of your key dates and initial actions to get your defence underway. Your defence development needs to be ongoing in parallel with your complaint to Road Chef. 

D_P_Dance

£563 seems  a lot.  This amountappears to contain a substantial unlawful amount and fudges have been know to throw out the entire cas due ti their greed, read this and complain to your MP.

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''.

Redx

Read other recent C P Plus and HIGHVIEW court claim threads , where they have complained to Moto and ROADCHEF to obtain cancellations , plus read their defence drafts and blatantly copy the relevant paragraphs , amending to suit your case , charges , errors , locations and dates etc

The coupon mad Defence template is the best template to work from , same as everyone else ( unless it was Parking Eye , which this isn't ) , very few paragraphs to change

Poor signage and no landowner authority , grace periods from the BPA CoP in force during 2015 , the CRA 2015 , POFA if defending as a keeper and not as a driver , those two fake £70 that have been added etc

Never underestimate the power of complaining to the CEO or directors if you were a genuine customer , most people are

Check your MCOL claim history , make sure that the AOS email was logged

You probably have about 7 to 10 days before emailing the defence to the ccbcaq before the deadline

Post your draft paragraphs below , but not the whole Defence , so just your changes , we are not checking the work by coupon mad , just you and yours

woodpecker44

I had a very similar case to yours. CP Plus / DCBL for one PCN from Moto and one from Roadchef on the same court claim.
(you have put the Roadchef PCN up twice)
I got them both cancelled by complaining to the organ grinders i.e. Moto and Roadchef.
As Umkomaas says it is Luke Gross for Roadchef and for Moto the CEO is ken.mcmeikan@moto-way.co.uk and commercial manager paul.comer@moto-way.co.uk (write to them both).
Write a strong complaint email to each company expressing your anger and annoyance, terrible way to treat customers especially after all this time, you will avoid their services in future, we are in the middle of a pandemic and the CP Plus is profiteering etc but the main argument is that MSA's are supposed to be havens for the weary motorist as per government guidelines 'take a break' and 'don't drive tired'
I expect you were tired and needed a break for safety reasons? If you have any receipts from purchases on the day it might help as well. Or maybe proof of purchase on a credit card or bank statement?
There are plenty of other threads on this forum to get some ideas for the complaint. It is a lot quicker and easier than going through the court although you would probably win at that stage as well!

woodpecker44

Also don't admit to being the driver in your complaints although it's probably impossible to remember from so long ago....
Write things in the third person like 'the driver felt tired so took a break' not 'I felt tired' 
CP Plus is non-POFA so unless they can prove you were the driver they will lose in court anyway (if it gets that far)

KeithP

larry63 said:

21/4/21 County Court Claim Form

7/5/21 Claim Response - "Acknowledgement Of Service" emailed to County Court

With a Claim Issue Date of 21st April, and having filed an Acknowledgment of Service in a timely manner, you have until 4pm on Monday 24th May 2021 to file your Defence.

That's less than a week 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 at the second post in the NEWBIES thread.

Don't miss the deadline for filing a Defence.

larry63

Should i be asking for evidence using CPR 31.14, to DCB Legal, such as follows:

My Name
My Address

Date 190521

Claimants name: CP Plus Ltd T/A Group Nexus
Claimants address: 10 Flask Walk
Claimants postcode: NW3 1HE

 

Dear Sirs,

Claim Number: XXXXXXX

 

Request for documents mentioned in a statement of case under CPR 31.14

 

On the 1st May 2021 I received a County Court claim from yourselves of which I have acknowledged receipt indicating my intention to defend in full.

 

To enable me to file my defence and/or counterclaim, I require inspection of documents you mention in your statement of case ahead of filing my defence on 21st May 2021.

 

1. Contract said to be breached
2. A copy of CP Plus contract to “Manage” the land where alledged breach of contract took place.

3. Break down of the calculation of the amount of damages submitted.

In accordance with CPR 31.15(c) I undertake to be responsible for your reasonable copying costs incurred in complying with this CPR 31.14 request.

 

You should note that this claim has not yet been allocated to a specific track and the provisions of CPR 27(2) are of no effect.

Had your claim not been issued through CCBC the Claimant would have been obliged to attach copies of the documentation upon which it relies to the Particulars of Claim.

I, as Defendant, am entitled to see the documents on which

the Claimant relies and which you must produce at trial. Disclosure at this stage will enable me to fully plead my case and further the Overriding Objective.

You should ensure compliance with your CPR 31 duties and ensure that the document(s) I have requested are copied to and received by me within 7 days of receiving this letter.

If you require more time in which to comply with this request you must tell me in writing and confirm your agreement to an extension of the time allowed for me to file my defence as allowed under CPR 15.5 so I may notify the court.

I look forward to hearing from you.

Yours sincerely

 

 

Umkomaas

Should i be asking for evidence using CPR 31.14, to DCB Legal, such as follows:

They will legitimately ignore you. Ask what you want, but not using this. Whether you will get any response ....... ?

Scope of this Part

31.1

(1) This Part sets out rules about the disclosure and inspection of documents.

(2) This Part applies to all claims except a claim on the small claims track.

larry63

Umkomaas said:

Do a forum search on 'Road Chef' as there has been a rash of Letter Before Claim and actual court claims (like yours) and we've advised complaining to Road Chef about this harassment by their agent, almost 6 years later and in the middle of a national emergency and pandemic. Road Chef has been cancelling many charges when complaints have been raised. 

Here is one of the contacts - Luke Gross, email address luke.gross@roadchef.com.  He is the Commercial Manager, but you might need to also write to the CEO - your search should find his name and contact details too. 

With your N1 claim form issue date 21/04/21 and your acknowledgment of service (AOS) 7/05/21, you will get 33 days (from 21/04) to submit your defence. @KeithP will be along later with a confirmation of your key dates and initial actions to get your defence underway. Your defence development needs to be ongoing in parallel with your complaint to Road Chef. 

How does the sound for a letter to the heads of these companies, or should i be saying a lot more?

Dear Luke Gross

 

As the commercial manager of Road Chef I am writing to you to outline my absolute distress, and deepest concerns and disgust that I am being harassed by CP Plus Limited and DCB Legal limited as the owner of a vehicle VRN XXXX, for an overstay of a visit to your Killington Lake for an hour over a suggested limit of two hours back on 16th of July 2015, nearly 6 years ago.  PCN xxxxx

I can assure you that any driver would of been using your services and petrol station at that time, and having a much need rest due to the length of journey involved, the time of day, and that the fact it was peak holiday season and dealing with the large and frequent queues at this service station during this peak usage time.

This service station is one, many of my extended family and drivers of this vehicle visit when travelling from the Northeast down south.  Indeed your service Station is more than 100 miles from where it is normally based, and takes about two hours to get to, and a lengthy rest, as continuously suggested by the government warning signs on the motorways are something all of our family drivers take seriously.  Whilst we always buy food and drink within your facilities.

The level of aggression, and suggested level of damages being claimed for this infringement is an absolute disgrace, especially in a time when our incomes are depleted due to the Covid Pandemic, and the insensitivity of such action during these times is an absolute disgrace, and causing me as the owner of the vehicle great stress and is impacting on my health, as i am already stressed with the loss of income due to the pandemic, and have just recently under gone health procedures to a heart complaint, which i have to take medication for the rest of my life. 

I therefore ask that you stop this claim proceeding any further, and you get CP Plus and DCB Legal to stop any proceedings immediately.

How can you morally allow these companies to hound your customers for an slight over stay from more than 6 years ago, when you know they cause the level of stress and impact on the health i am experiencing.

Additionally I will be raising the issues such actions are impacting on my health, and the stress these proceedings are causing with my MP, and will consider bringing how you are allowing these organisations to hound, and claim crazy amounts of damages for customers who stay a small amount of time over an arbitrary two hours, even though they are buying goods and services from your premises, whilst adhering to government guidance with regards to resting so the drivers, and all other road users are not put into danger due to tiredness on long and stressful journeys.

In addition if the proceedings are not stopped you can be rest assured my family will never use Road Chef services ever again.  Regards

 

xxxx

 

 

 

larry63

Hi
Just to update the thread, i have now sent emails directly to 4 people of Roadchef, and to two at Moto.
If these work, i will share the email contents that i have used.  If they fail to get a response, i will burn them and move on....


I will now email DCP Legal Ltd to their solicitor Yasmin Mia to advise her 

(a) I am seeking debt advice but I deny any debt and the case must be put 'on hold' for not less than 30 days under the PAP for debt claims 2017.
(b) I have sent their client a SAR

Does anyone have the email address to send this email to DCP Legal Ltd?  Anyone have one for Yasmin Mia?

Thanks in advance