Court Claim Form after 2 years - Help appreciated

dilby

Hi all - Bit of a strange parking fine situation I was hoping some kind folks could help with.

In November 2019, a contracting team I worked with would meet outside of our regular office at a nearby Starbucks for the morning. We'd phone ahead and book a table and do our thing, but one day I got a parking fine for staying 13 minutes over the 3hr limit. I complained via email to starbucks, stating that Starbucks knew how long our booking was for, that we regularly spent money and the car park was near empty, and that it was generally not on. I also believe I am allowed 10 minutes either side of a parking limit from a legal perspective. 

They replied with an apology and forwarded it to their franchisee company, who stated they would sort it, and I never any more hassle, assuming it had been sorted (I've still got some of the emails).

However today out of the blue, after almost 2 years I've received a court claim form asking for £269. I'm having trouble finding out my options here; can the company who were meant to have sorted it intervene even if they wanted to once a court claim has been setup? And can they really send me a claim after 2 years of no contact?

Some help regarding my next steps would be appreciated!

D_P_Dance

It is not a fine, please read the newbies.  Have you complained to your MP?

Coupon-mad

Read the second post of the NEWBIES thread (all about how to defend and win a claim) and tell us the DATE of issue on the claim, and which PPC and which solicitor?

Your case is similar to this one in that there is potential to get the landowner to make them drop it, which this one just did.  Read all pages of this AND the second post of the NEWBIES thread:

https://forums.moneysavingexpert.com/discussion/6296239/elderly-blue-badge-holder-court-case-277-for-14-minute-drop-off-at-rear-of-train-station/p1

However, you can't assume this will be that easy to end early and it's more likely the claim will continue and you will win later (because we do!) ...and you have evidence that there us no legitimate interest to support a claim re a charge that should have been cancelled.

Please answer my questions first then go read the Newbies thread (second post) without asking us for a link to it.

The reason you don't need a link is because there is already a breadcrumb trail, top if every page, to hop back to page one and read more threads.  See my signature below...

dilby

Coupon-mad said:

Read the second post of the NEWBIES thread (all about how to defend and win a claim) and tell us the DATE of issue on the claim, and which PPC and which solicitor?

Your case is similar to this one in that there is potential to get the landowner to make them drop it, which this one just did.  Read all pages of this AND the second post of the NEWBIES thread:

https://forums.moneysavingexpert.com/discussion/6296239/elderly-blue-badge-holder-court-case-277-for-14-minute-drop-off-at-rear-of-train-station/p1

However, you can't assume this will be that easy to end early and it's more likely the claim will continue and you will win later (because we do!) ...and you have evidence that there us no legitimate interest to support a claim re a charge that should have been cancelled.

Please answer my questions first then go read the Newbies thread (second post) without asking us for a link to it.

The reason you don't need a link is because there is already a breadcrumb trail, top if every page, to hop back to page one and read more threads.  See my signature below...

Apologies for late reply - I forgot I didn't have notifications on. FYI I contacted the company who first said it was being sorted who apologised and said they'd sort it again. But I haven't heard back, and have chased.

The issue date is 24 SEP 2021 (I received it after this)
PPC: CP Plus LTD trading as GroupNexus
Solicitor: Yasmin Mia (If that is the same as 'claimaint's legal representative'.

I've spent the evening going over the newbies thread and doing my best to understand. I'll be honest and say I still feel in over my head, but I have so far acknowledged the claim using money claim online as per the instructions, and have sent an SAR to their email as defined on their privacy page.

I don't fully understand the 'LBC-stage complaint' - I have complained to the landowner as you know but this hasn't gone anywhere. Is this relevant to me and is there anyway this can help in the future?

Many thanks

KeithP

dilby said:

Coupon-mad said:

Read the second post of the NEWBIES thread (all about how to defend and win a claim) and tell us the DATE of issue on the claim, and which PPC and which solicitor?

Your case is similar to this one in that there is potential to get the landowner to make them drop it, which this one just did.  Read all pages of this AND the second post of the NEWBIES thread:

https://forums.moneysavingexpert.com/discussion/6296239/elderly-blue-badge-holder-court-case-277-for-14-minute-drop-off-at-rear-of-train-station/p1

However, you can't assume this will be that easy to end early and it's more likely the claim will continue and you will win later (because we do!) ...and you have evidence that there us no legitimate interest to support a claim re a charge that should have been cancelled.

Please answer my questions first then go read the Newbies thread (second post) without asking us for a link to it.

The reason you don't need a link is because there is already a breadcrumb trail, top if every page, to hop back to page one and read more threads.  See my signature below...

The issue date is 24 SEP 2021 (I received it after this)

I have so far acknowledged the claim using money claim online as per the instructions...

Upon what date did you file an Acknowledgment of Service?
Your MCOL Claim History will have the definitive answer to that.

For the time being I am going to assume you filed an Acknowledgment of Service sometime after 28th September. Please confirm.

With a Claim Issue Date of 24th September, and having filed an Acknowledgment of Service in a timely manner, you have until 4pm on Wednesday 27th October 2021 to file your Defence.

That's three 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

You are past the LBC stage , read the court claim stages ( of course it's beyond you , it's a legal matter and you have no legal training or experience in the topic ) , you could do what they did and employ an expensive lawyer , but not worth it so muddle through the DIY route like everyone else instead

Please answer the questions and email a SAR to the DPO at group Nexus attaching a copy of the claim form and 2 recent redacted utility bills as proof of I D under the GDPR law to obtain all your data

dilby

KeithP said:

dilby said:

Coupon-mad said:

Read the second post of the NEWBIES thread (all about how to defend and win a claim) and tell us the DATE of issue on the claim, and which PPC and which solicitor?

Your case is similar to this one in that there is potential to get the landowner to make them drop it, which this one just did.  Read all pages of this AND the second post of the NEWBIES thread:

https://forums.moneysavingexpert.com/discussion/6296239/elderly-blue-badge-holder-court-case-277-for-14-minute-drop-off-at-rear-of-train-station/p1

However, you can't assume this will be that easy to end early and it's more likely the claim will continue and you will win later (because we do!) ...and you have evidence that there us no legitimate interest to support a claim re a charge that should have been cancelled.

Please answer my questions first then go read the Newbies thread (second post) without asking us for a link to it.

The reason you don't need a link is because there is already a breadcrumb trail, top if every page, to hop back to page one and read more threads.  See my signature below...

The issue date is 24 SEP 2021 (I received it after this)

I have so far acknowledged the claim using money claim online as per the instructions...

Upon what date did you file an Acknowledgment of Service?
Your MCOL Claim History will have the definitive answer to that.

For the time being I am going to assume you filed an Acknowledgment of Service sometime after 28th September. Please confirm.

With a Claim Issue Date of 24th September, and having filed an Acknowledgment of Service in a timely manner, you have until 4pm on Wednesday 27th October 2021 to file your Defence.

That's three 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'.

Thanks for the reply Keith -

According to that history by AOS was filed on 05/10/2021 and received on 06/10/2021. I'll now start putting together a defence and follow up with any questions should they arise (which they no doubt will).

I did end up with a reply from the starbucks franchisee who initially said they'd cancel it, which basically now washes their hands of it and says I have the right appeal. Thanks starbucks!

dilby

Redx said:

You are past the LBC stage , read the court claim stages ( of course it's beyond you , it's a legal matter and you have no legal training or experience in the topic ) , you could do what they did and employ an expensive lawyer , but not worth it so muddle through the DIY route like everyone else instead

Please answer the questions and email a SAR to the DPO at group Nexus attaching a copy of the claim form and 2 recent redacted utility bills as proof of I D under the GDPR law to obtain all your data

Thanks Redx - 

When you say 'please answer the questions' do you just mean to KeithP's post or am I missing something
Note that your email reminded me I forgot to attach proof of ID in my SAR, so I have followed this up with the correct attachments.

Redx

Coupon mad and KeithP asked , questions that needed answering , I think you have done so now

Correct SAR request by email Now done
Parking company is group Nexus , c p plus

Issue date was 24 September
AOS date was October 6
Deadline date is 4pm on 27 October

Crack on with your Defence

dilby

Thanks for the help so far. I've been drafting up my defence (thanks to the template it's easier than I was dreading in my mind). However I'm stuck on 3 potential issues unique to my case that I would appreciate knowing are worth raising (i've tried finding answers but it's a hard thing to google and look up in the forums, i just get irrelevant results).

Firstly, I only ever received two PCN's. I got in touch with Starbucks after the first, the second arrived during this time and they said they would sort it, and nothing else came. Hence why I assumed it was sorted. Then I received the court claim out of the blue 2 years later. What requirement is on them to keep me in the loop and have they gone past a time limit?

Is there also any merit in going over my conversations with the starbucks team or is that mute as far as they're concerned?

The PCN also says I stayed 3h13mins but doesn't state the actual parking limit, or provide any photos (or a link to an online area for them). I maybe didn't even check at the time so I don't know what it was, but went there and checked and it's 4 hours! So is there a way of finding out of it's recently changed?

Thanks!

KeithP

Addressing your three questions...

1) They have up to six years to bring a Claim to Court.

2) Your conversations with Starbucks are moot (not mute) at this time. That stuff, if used at all, will become part of your Witness Statement and evidence.

3) Does Google Street View show the older signs? As you haven't actually told us where this parking event occurred, we'll have to leave that to you.