4 Year Old Claim Form!!!!

4yearoldclaim

Hi all, 

I am at a loss for words currently.

So back in August 2017 I was traveling to and from music festivals. I vaguely remember having to pull over to sleep for a couple of hours as I was very tired. I must have overstayed the 2hrs free limit and was hit with a PCN. 

Fast forward to July 2021, I received a letter of claim (the first communication I had received regarding such PCN). Given the lengthy backdated period of time, I assumed this was nothing worth worrying about and actually laughed it off as ridiculous since this occured over 3 years ago at this point. 

I did some research, came on this sub and saw many people recommending to email the management of Moto & Roadchef directly as this should hopefully get them to cancel the PCN. No luck, as I was told to go direct to Groupnexus as ultimately they had issued the PCN. I felt this was a step too far and I had no intention of opening a dialogue with Groupnexus. Laid this to rest and carried on with my life. 

Now, about a week ago I received a Claim Form from Northampton County Court Business Centre. Groupnexus (or DCB legal, their solicitors) are claiming £561.96. (£100 for court and legal fees). The particulars of the claim are as follows;

• They have issued a PCN for my vehicle at MOTO MEDWAY EAST ROADCHEF CLACKET LANE NORTH.
• They issued 2 PCNs. One on 21/08/17 and another one week later on 28/08/17
• The PCN(s) was issued on private land owned or managed by the claimant.
• I agreed to pay within 28 days but did not
• £340 being clamed for PCN + damages. PLUS interest rate of 8% per annum.

I have already responded to this claim by indicating I will be defending all of it. Now I need to build a defence. I was thinking the following points could constitute a valid defence but I am not 100% so would like some assistance:

1. The sum of money being demanded is frivolous and frankly ridiculous. 
2. The time taken to receive a letter of claim (3 years 11 months) should invalidate this entire thing. Where was the original notice to keeper etc?
3. The letter of claim was the 1st and ONLY piece of communication I received regarding this matter. I never received any other letters / comms prior to this letter of claim.
4. I have zero recollection of agreeing to pay this whatsoever. So unless they can show me hard evidence of me agreeing to pay, they have lied to the court.
5. Groupnexus / DCB Legal are behaving in a predatory manner.

Please advise! I really really cannot have this, especially around xmas time!

4yearoldclaim

Claim Form

4yearoldclaim

Reverse of Letter Of Claim

KeithP

4yearoldclaim said:

Now, about a week ago I received a Claim Form from Northampton County Court Business Centre. Groupnexus (or DCB legal, their solicitors) are claiming £561.96. (£100 for court and legal fees). 
I have already responded to this claim by indicating I will be defending all of it. Now I need to build a defence.

Hello and welcome.

What is the Issue Date on your County Court Claim Form?
Upon what date did you file an Acknowledgment of Service?
Your MCOL Claim History will have the definitive answer to that.

You appear to have two PCNs issued at two different motorway service areas that are managed by two different companies. 
Most unusual to see that combination on the one County Court Claim.

Now to your five points...
1. I agree.

2. They have up to six years to bring a claim through the courts.

3. That is hard to believe. Has the keeper's details always been kept up to date on the vehicle's Registration Document (V5c)?

4. The allegation is that by parking the driver agreed to the terms of the contract.

Those contract terms are the terms on the signs.
Almost certainly there is a term on the signs stating something like "if the driver doesn't park in accordance with the rules then he agrees to pay £nn within 28 days...".

5. Again, I agree.

4yearoldclaim

I'm trying to upload the Letter of Claim and Claim Form but the website is not processing images well at all, nor is it letting me upload links (new user)

4yearoldclaim

KeithP said:

4yearoldclaim said:

Now, about a week ago I received a Claim Form from Northampton County Court Business Centre. Groupnexus (or DCB legal, their solicitors) are claiming £561.96. (£100 for court and legal fees). 
I have already responded to this claim by indicating I will be defending all of it. Now I need to build a defence.

Hello and welcome.

What is the Issue Date on your County Court Claim Form?
Upon what date did you file an Acknowledgment of Service?
Your MCOL Claim History will have the definitive answer to that.

You appear to have two PCNs issued at two different motorway service areas that are managed by two different companies. 
Most unusual to see that combination on the one County Court Claim.

Now to your five points...
1. I agree.

2. They have up to six years to bring a claim through the courts.

3. That is hard to believe. Has the keeper's details always been kept up to date on the vehicle's Registration Document (V5c)?

4. The allegation is that by parking the driver agreed to the terms of the contract.

Those contract terms are the terms on the signs.
Almost certainly there is a term on the signs stating something like "if the driver doesn't park in accordance with the rules then he agrees to pay £nn within 28 days...".

5. Again, I agree.

Hi KeithP, 

Thanks for your reply & the above points. 

The claim was issued against on 25/11/2021. 
My acknowledgment of service was submitted on 08/12/2021.

I believe the vehicle details have always been correct & up to date. I was at uni during this time but my parents would always notify me of mail arriving back home where my vehicle was registered.

I did not see any signs. I agree with you, they are almost certainly always displayed. But in this instance, I literally drove into the services, had a kip and drove off. My eyes were closing by themselves (i was so tired) I frankly was not in the state of mind to even read lol (incredibly dangerous and do not recommend driving whilst tired whatsoever.)

What should my next steps be in your view?

KeithP

4yearoldclaim said:

KeithP said:

4yearoldclaim said:

Now, about a week ago I received a Claim Form from Northampton County Court Business Centre. Groupnexus (or DCB legal, their solicitors) are claiming £561.96. (£100 for court and legal fees). 
I have already responded to this claim by indicating I will be defending all of it. Now I need to build a defence.

Hello and welcome.

What is the Issue Date on your County Court Claim Form?
Upon what date did you file an Acknowledgment of Service?
Your MCOL Claim History will have the definitive answer to that.

You appear to have two PCNs issued at two different motorway service areas that are managed by two different companies. 
Most unusual to see that combination on the one County Court Claim.

Now to your five points...
1. I agree.

2. They have up to six years to bring a claim through the courts.

3. That is hard to believe. Has the keeper's details always been kept up to date on the vehicle's Registration Document (V5c)?

4. The allegation is that by parking the driver agreed to the terms of the contract.

Those contract terms are the terms on the signs.
Almost certainly there is a term on the signs stating something like "if the driver doesn't park in accordance with the rules then he agrees to pay £nn within 28 days...".

5. Again, I agree.

The claim was issued against on 25/11/2021. 
My acknowledgment of service was submitted on 08/12/2021.
What should my next steps be in your view?

With a Claim Issue Date of 25th November, and having filed an Acknowledgment of Service in a timely manner, you have until 4pm on Wednesday 29th December 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'.

4yearoldclaim

KeithP said:

4yearoldclaim said:

KeithP said:

4yearoldclaim said:

Now, about a week ago I received a Claim Form from Northampton County Court Business Centre. Groupnexus (or DCB legal, their solicitors) are claiming £561.96. (£100 for court and legal fees). 
I have already responded to this claim by indicating I will be defending all of it. Now I need to build a defence.

Hello and welcome.

What is the Issue Date on your County Court Claim Form?
Upon what date did you file an Acknowledgment of Service?
Your MCOL Claim History will have the definitive answer to that.

You appear to have two PCNs issued at two different motorway service areas that are managed by two different companies. 
Most unusual to see that combination on the one County Court Claim.

Now to your five points...
1. I agree.

2. They have up to six years to bring a claim through the courts.

3. That is hard to believe. Has the keeper's details always been kept up to date on the vehicle's Registration Document (V5c)?

4. The allegation is that by parking the driver agreed to the terms of the contract.

Those contract terms are the terms on the signs.
Almost certainly there is a term on the signs stating something like "if the driver doesn't park in accordance with the rules then he agrees to pay £nn within 28 days...".

5. Again, I agree.

The claim was issued against on 25/11/2021. 
My acknowledgment of service was submitted on 08/12/2021.
What should my next steps be in your view?

With a Claim Issue Date of 25th November, and having filed an Acknowledgment of Service in a timely manner, you have until 4pm on Wednesday 29th December 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'.

I'm not 100% sure on which lines of defence I should pursue as to create the most solid defence. 

I would first like to request all data this company has on me & also request they send me proof of postage for both of the previous PCNs. Since I had not received any communications from these people until July 2021, I declare they did not notify me within 28 days of the PCN(s) being issued.

Do you think this is the right course of action to take?

Jenni_D

You don't have time to wait on a SAR to be serviced before you need to file your defence. Use the template defence from the NEWBIES and update it with your paragraphs 2 and 3 - show only your updates in a reply here for critique. (We don't need to review @Coupon-mad's homework, only yours).  

Fruitcake

Did you complain to the CEOs of Moto and Roadchef? Have you searched for other threads about these as there some of them contain contact details of a chap who has done a sterling job of cancelling PCNs for his company?
Sadly the other one doesn't seen to be that interested in road safety and retaining customers.

You might find an internet search gives better results than trying to use the MSE forum search facility, which is quite honestly, dreadful. 

Do complain to your MP, and the Secretary of State for Transport. Ask your MP to forward your complain to Mr Gove MP and Neil O'Brien MP at the department for levelling up that is responsible for producing the forthcoming mandatory parking code of practice.
Remind everyone that a MSA is supposed to be a refuge, a place of safety. The government runs a Tiredness kills campaign yet allows motorists to be penalised for falling asleep. This will actually encourage more people to drive when tired rather than risk getting a £100 charge plus court threatogrammes.

Google Streetview (GSV) has a facility to search historic photos so you might find something useful from around the time of the alleged event.

Le_Kirk

Fruitcake said:

Did you complain to the CEOs of Moto and Roadchef? Have you searched for other threads about these as there some of them contain contact details of a chap who has done a sterling job of cancelling PCNs for his company?
Sadly the other one doesn't seen to be that interested in road safety and retaining customers.

These have proved useful in the past: -

Luke Gross for Roadchef  luke.gross@roadchef.com

Moto the CEO is ken.mcmeikan@moto-way.co.uk 

commercial manager paul.comer@moto-way.co.uk