I received a PCN from Armtrac Security A.K.A KBT cornwall LTD

CBA12

Umkomaas said:

CBA12 said:

i got the letter rejecting my appeal today from Armtrac. Im will need to prepare my defence now as they will be claiming soon.  

Being prepared is always a good idea, especially while things are relatively clear in your memory.  As Armtrac have up to six years to press a claim, it's good to get your notes together now.  While they are unlikely to take six years if they are going to sue, they will probably have a first go through ignorable 'no-win, no-fee' debt collectors. I wouldn't expect any court move much this side of Christmas. 

In preparing a defence, are you aware that there is a ready prepared template defence available on the forum, located as one of the 5 Announcements at the top of the forum thread list?  You only need to add a few details of the parking event itself, the rest is done for you, no more than a half-hour's work. 

The NEWBIES FAQ Announcement, second post, fully describes the court process and what you have to do and by when. A little premature for any action on your part, but good background reading to get you ready should Armtrac try a court claim. 

great information, I will look at the templates available. I have just received a letter from BW legal I'm just familiarizing myself with the newbie section again. the letter from BW legal doesn't state it is a Letter before Claims, it only stipulates on client's debt recovery + their additional fees. cheers for the reply. 

CBA12

I have received a letter from bw legal. It is not a letter of claim. Should I request for SAR from the PPC now or wait till I receive Letter of claim? 

I have attached below the letter 

Coupon-mad

SAR as soon as you like. Why wait?

CBA12

Hello all I am back, I have finally received a Letter of Claim from BW legal. As per the newbies FAQ I will be issuing an SAR letter to Armtrac and letter to BW legal to postpone for not less than 30 days under the PAP for debt claims 2017 due to the SAR.

The following paragraphs regarding the MCOL guide and how to acknowledge service is confusing. Isn't money claim online (MCOL) only for the claimant to issue to the defendant? why would the defendant be required to fill in this section as per newbies FAQ? 

KeithP

CBA12 said:

As per the newbies FAQ I will be issuing [...] letter to BW legal to postpone for not less than 30 days under the PAP for debt claims 2017 due to the SAR.

No, not due to a SAR, but while you seek debt advice.

CBA12 said:

The following paragraphs regarding the MCOL guide and how to acknowledge service is confusing. Isn't money claim online (MCOL) only for the claimant to issue to the defendant? why would the defendant be required to fill in this section as per newbies FAQ? 

It is for the Claimant to open a Claim using the MCOL process, but once a Claim is opened, and you receive a County Court Claim Form through the post, you will be invited to respond via the MCOL website, and a password will be supplied so that you can do so.

You cannot Acknowledge Service of a Claim until you have actually received the Claim Form.

zhonguonuren

It is very rare for car parks near the beach to be free of charge especially  during the day.  

CBA12

KeithP said:

CBA12 said:

As per the newbies FAQ I will be issuing [...] letter to BW legal to postpone for not less than 30 days under the PAP for debt claims 2017 due to the SAR.

No, not due to a SAR, but while you seek debt advice.

CBA12 said:

The following paragraphs regarding the MCOL guide and how to acknowledge service is confusing. Isn't money claim online (MCOL) only for the claimant to issue to the defendant? why would the defendant be required to fill in this section as per newbies FAQ? 

It is for the Claimant to open a Claim using the MCOL process, but once a Claim is opened, and you receive a County Court Claim Form through the post, you will be invited to respond via the MCOL website, and a password will be supplied so that you can do so.

You cannot Acknowledge Service of a Claim until you have actually received the Claim Form.

thanks for the reply info really helpful.  

CBA12

zhonguonuren said:

It is very rare for car parks near the beach to be free of charge especially  during the day.  

The parking near the beach was a part of a restaurant, I didn't see parking signs nor the parking ticket machine. It was too late when I noticed,  It was a very steep parking space. The thing is I was very careful the majority of the holiday to pay for parking and on the last day I got clocked. I will give it ago at the court with these thieves they are demanding a lot of money, I am not going to make it easy for them. 

D_P_Dance

Balance due £160

They have added what appears to be an extra unlawful amount of £60 for debt collection.

This amounts to double recovery and Judges all over the country are dismissing these spurious additions. Indeed some judges have dismissed entire claims because of this. Read this and complain to Trading Standards and 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''.

https://www.dropbox.com/s/16qovzulab1szem/G4QZ465V Excel v Wilkinson.pdf?dl=0

However, VCS appealed this so it may not apply in all cases, read this

https://www.dropbox.com/s/ntksx9g7177ahyg/VCS v Percy v1 Amendments (2).pdf?dl=0Also read this

https://forums.moneysavingexpert.com/discussion/6279348/witness-statements-2-transcripts-re-parking-firms-false-costs-recorder-cohen-qc-judgment-2021/p1

Also consider complaining to The SRA about the solicitor, if one is involved They are fully aware of the unlawful nature of most of thse additions yet persist in adding them..

https://www.sra.org.uk/consumers/problems/

Redx

CBA12 said:

Hello all I am back, I have finally received a Letter of Claim from BW legal. As per the newbies FAQ I will be issuing an SAR letter to Armtrac and letter to BW legal to postpone for not less than 30 days under the PAP for debt claims 2017 due to the SAR.

The following paragraphs regarding the MCOL guide and how to acknowledge service is confusing. Isn't money claim online (MCOL) only for the claimant to issue to the defendant? why would the defendant be required to fill in this section as per newbies FAQ? 

The MCOL system is an online system aimed at simplifying claims for all parties involved , so claimant and defendant , you will be the defendant so need to acknowledge receipt of the claim pack to gain more time to defend

They do allow old school post to be used as a nod to those without internet access or not tech savvy , but we advise doing it our way , especially due to the pandemic , by using online first , then email , to do the necessary within the timescales

So no , it's not just for the claimant , although it's their job to start the process and to pay for it