County Court Claim-QDR solicitors/Met Parking

berseker

Hi Guys, 

I have received a county court business centre claim form for the sum of £686 (£546+£70 court fee+£70 legal representative). My car is registered to my parents house (where i receive letters) but i have my own flat and i received the pcns in my estate parking (can use the excuse of 'i did not receive any letters as it was covid and my parents are in the high risk category so did not ever go and visit during this time, if need be). Im in a bit of a pickle, over the course of a couple of years, i have received about 10 pcns (found this out from receiving the SAR from met parking). So i'm not exactly sure which pcns are for this claim. I think i have a rough idea that it was the last few i received as i received those few all in close proximity.

-From reading a load of threads, i have established that my main grounds of appeal is the 'abuse of process'? Im not sure if this will help my case at all, but, i had a visitors permit that i was using (the 24hour ones you fill out every time you park, day/time/date/car reg). There was a few pcns i received as i did not fill in the row i should of filled in when i parked as i did not have a pen. So the Permit was on the dashboard but was not filled out correctly for that day.

-Another few pcns i received, i had my old permit visible on the dashboard (all 10 rows had been filled up so was waiting for my new permit to come) and had a note stating i was waiting for my new visitors permit to be delivered. I was told it would be delivered in a couple of days but i did not receive it for about 10 days. 

-Some of the pcns i received, when i looked at the pictures i received on the SAR, there was scaffolding up so i could say 'the signs were not visible'?

With all that being said, where i have received numerous amount of tickets, although i believe i am only being taken to court for 3, could any of the above 3 paragraphs be used in my defence? Is there a way of finding out which 3 tickets are the exact ones i am being taken to court for?

Thank you so much if you have read through it and appreciate any help that is given.

Redx

Post the issue date from the CCBC claim form below

Abuse of process is not a defence to the actual PCNs , it is the double recovery of extra charges being objected to , which may be an abuse of process , if a judge agreed , but don't address the parking charges

No chance of any appeal , much too late for an appeal

Email a SAR to the DPO at the PPC ( MET ) and attach a copy of the claim form as proof of I D under the GDPR law to obtain all your data , that is how you obtain all details held on you and your vehicle

Then use and adapt the template defence by coupon mad , posting only your adapted paragraphs below , so only your 2 & 3 , not the rest. It is your homework being checked not coupon mads

KeithP

If the Claim Form was sent to your parents' address, then you absolutely must ensure that you either:
1) get notified of any mail sent to that address and collect it promptly, or
2) notify MET's Data Protection Officer of your correct address for service and instruct them to remove your old address from their records.

berseker

Thank you for your response. Much appreciated.

Yes i appreciate it is to late to appeal the pcns, i was just giving some background information of my situation. I am now at court phase. I have received letters from ZZPS and QDR solicitors with outstanding balances of £170 and £182. This is what i was going to use for my abuse of process.

I have received SAR from met parking with all the pcns they have on file. i have just checked the email they sent me, there is 14 in total. 7 from ZZPS and 7 from Debt Recovery Plus. Although the court letter is coming from QDR solicitors. But it does not state which 3 out of the 14 they are taking me to court for..

I did the acknowledgment of service on 07/09/2021. When i do my appeal, do i follow the 'Start a defence' link on the moneyclaim website, or just send an e-mail of my defence to CCBCAQ@Justice.gov.uk or both?

when you stated, only posting my adapted paragraph 2&3 do you mean the two paragraphs below?

-From reading a load of threads, i have established that my main grounds of appeal is the 'abuse of process'? Im not sure if this will help my case at all, but, i had a visitors permit that i was using (the 24hour ones you fill out every time you park, day/time/date/car reg). There was a few pcns i received as i did not fill in the row i should of filled in when i parked as i did not have a pen. So the Permit was on the dashboard but was not filled out correctly for that day.

-Another few pcns i received, i had my old permit visible on the dashboard (all 10 rows had been filled up so was waiting for my new permit to come) and had a note stating i was waiting for my new visitors permit to be delivered. I was told it would be delivered in a couple of days but i did not receive it for about 10 days. 

Thank you so much.

KeithP

berseker said:

I did the acknowledgment of service on 07/09/2021. When i do my appeal, do i follow the 'Start a defence' link on the moneyclaim website, or just send an e-mail of my defence to CCBCAQ@Justice.gov.uk or both?

With a Claim Issue Date of 27th August, and having filed an Acknowledgment of Service in a timely manner, you have until 4pm on Wednesday 29th September 2021 to file your Defence.

That's over two 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 at the second post in the NEWBIES thread.

Don't miss the deadline for filing a Defence.

Do not try and file a Defence via the MoneyClaimOnline website. Once an Acknowledgment of Service has been filed, the MCOL website should be treated as 'read only'.

Redx

Email is used , nothing else , once you do the AOS online , nothing else on MCOL , just the AOS

Lose the notion of abuse of process , put it out of your head , it's a non starter and a distraction

Although there are 7 letters from zzps and 7 letters from drpl , plus letters from qdr too ,  they are irrelevant and we re not interested in them , only what MET issued for each breach of contract

How many actual PCNs were issued by MET  ? Only they count , not the debt collector letters, do not oint nything from drpl or zzps or add , only from MET

Judging by the total amount being claimed above , I think the claim is for either 3 or 4 PCN s from MET , even if more were issued

The claim form states that they will provide more details within 14 days so show us their detailed breakdown , redacting the personal details of course

Coupon-mad

Have they sent a separate ‘detailed particulars of claim’, showing dates and details and a copy of the contract alleged to have been breached (the sign)?

berseker

I just received this today, thankfully. On the last page (i did not attach) they gave me the pcn details of the 3 contraventions they are charging me for. One of them i did not have my visitors permit on show and the other two i had the visitors permit on the dashboard but it was not filled in as i did not have a pen. I dont know if it helps, but i live in the estate and have a tenancy agreement, but my car is registered to my parents address, hence why i could not get a personal permit and just had to keep getting the visitors one to use.

I have the SAR from MET parking for all 3 pcns, if there is any information on there that you guys need to see, please just let me know and ill be happy to upload it.

Honestly, thank you so much for your help. This has really been mentally tough for me since i received the court letter but thankfully you guys are putting my mind at ease. means a lot .

Redx

So as I said , probably 3 PCNs being claimed for , so how many PCNs are listed by Met in their SAR reply ? Is it more than 3 invoices ( only from MET , not from the debt collector numpties ) . I am wondering if there were 3 Incidents in total or several more separate PCN s , all with different references , which they haven't claimed for

The lease or AST will detail what is required , if anything at all , so let us know what the lease says

berseker

They sent an email with two folders attached. One folder has my number plate followed by DRP and the other has my number plate followed by ZZPS. Then each folder has 7 files which are different pcns. When i open the pcns it is pictures of my car (the contravention) and all the letters that MET parking have sent me (NTK, PCN reminder and PCN final reminder). The DRP folder ones all happened in 2019 so i'm assuming nothing will come of them (hopefully anyway). The ZZPS folder are all the more recent ones, 2020.

I have attached below the only thing it mentions about parking in my tenancy agreement.

Redx

So nothing about parking permits , displaying permits or punishments for not using or displaying permits !!

Seems to me that a total of 7 separate PCN s have been issued , all with different PCN reference numbers and the court claim is for 3 of the 7