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First Parking

Hi,

My company has received a claim for for the County Court Business Centre trying to claim for a PCN from 2021.  We have been contracted to work at a university and our vehicles are in and out all day and have been for the last two years.  We have permission to be there.  We have not received a PCN from this company regarding this fine and so I was very suprised to receive this County Court Claim.  I rang the court and they advised this is the only piece of paperwork they have and don’t have a copy of even the PCN or any other letters.  I rang the First Parking legals DCB who advised they had been sending the correspondence to our previous company address and this claim form was the only piece of paperwork sent to the correct address.  The vehicles are leased and I can prove the date our new address was updated on Company House.  We registered the new address in February and the PCN was for March.  DCB also admitted sending a pre-litigation letter to our old address.  The PCN not only should not have been issued but they didn’t bother to check the register for the new address.  They have advised I still need to fight this.  Can you please advise the best way to deal with this?  It just doesn’t seem right.
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Comments

  • D_P_Dance
    D_P_Dance Posts: 11,518 Forumite
    Part of the Furniture 10,000 Posts Name Dropper
    edited 31 January 2022 at 11:03AM
    Of course it is not righr, you ar dealing with kncukle draggers, not John Lewis.

    It is all explaineed in the newbies, please read them and consider a complaint too your MP.  From what you have told us, if they are dafte enough to put this in front of a judge they are liklely to struggle.
    You never know how far you can go until you go too far.
  • Umkomaas
    Umkomaas Posts: 42,060 Forumite
    Part of the Furniture 10,000 Posts Name Dropper Photogenic
    Why aren't you involving the University in getting this thrown out?

    So that regular contributor @KeithP can provide you with a timeline that you will need to work to, please provide us with the 'Date of Issue' on the court claim form and confirm whether you have acknowledged service, and if so, on what date please. 

    Is the claim against the company name, or the name of an individual?
    Please note, we are not a legal advice forum. I personally don't get involved in critiquing court case Defences/Witness Statements, so unable to help on that front. Please don't ask. .

    I provide only my personal opinion, it is not a legal opinion, it is simply a personal one. I am not a lawyer.

    Give a man a fish, and you feed him for a day; show him how to catch fish, and you feed him for a lifetime.

    Private Parking Firms - Killing the High Street
  • Jopex
    Jopex Posts: 16 Forumite
    10 Posts First Anniversary
    Hi,
    Thank you for taking the time to respond.
    The date of issue is 21st Jan and I have acknowledged service today.
    The claim is against the company name
    many thanks
  • Umkomaas
    Umkomaas Posts: 42,060 Forumite
    Part of the Furniture 10,000 Posts Name Dropper Photogenic
    Jopex said:
    Hi,
    Thank you for taking the time to respond.
    The date of issue is 21st Jan and I have acknowledged service today.
    The claim is against the company name
    many thanks
    I'm sure @KeithP will be along shortly with your key dates and actions. 

    Have you been in touch with the University - if your company was working for them, they have the power to get this quashed without anyone having to go to the extent of defending a court case. 
    Please note, we are not a legal advice forum. I personally don't get involved in critiquing court case Defences/Witness Statements, so unable to help on that front. Please don't ask. .

    I provide only my personal opinion, it is not a legal opinion, it is simply a personal one. I am not a lawyer.

    Give a man a fish, and you feed him for a day; show him how to catch fish, and you feed him for a lifetime.

    Private Parking Firms - Killing the High Street
  • KeithP
    KeithP Posts: 39,675 Forumite
    Part of the Furniture 10,000 Posts Name Dropper
    Jopex said:
    The date of issue is 21st Jan and I have acknowledged service today.

    With a Claim Issue Date of 21st January, and having filed an Acknowledgment of Service in a timely manner, you have until 4pm on Wednesday 23rd February 2022 to file your Defence.

    That's over 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'.
  • Jopex
    Jopex Posts: 16 Forumite
    10 Posts First Anniversary
    Hi everyone, 
    I wonder if anyone can offer advice on this. I would be greatly appreciated.
    So following the filing of the defence to the court we have now received a letter from DCB legal which states the following:

    “Having received the content of your defence we are writing to inform you that our client intends to proceed with the claim.
    The court will direct both parties to file directions questionnaires in due course.  In anticipation of that we are enclosing a copy.
    Without prejudice to the above, in order to assist the court in achieving its overrriding objective, our client may be prepared to settle this case - in the event you wish to discuss settlement, please call us on 0203 434 0433 WITHIN 7 DAYS and make immediate reference to this correspondence”

    Is this usual procedure from DCB Legal and its client?  What should we expect from the court now? Once it is looked at by a judge, if they find against us would that be an immediate CCJ?
    Sorry for so many questions but we are new to all this.  We would be so grateful for any advice you are able to offer.

    Thank you!
  • Trainerman
    Trainerman Posts: 1,309 Forumite
    1,000 Posts Third Anniversary Photogenic Name Dropper
    edited 13 March 2022 at 12:20PM
    Usual pressure tactics by DCBL. The Court should send you a Directions Questionnaire N180 form. Go from there, as in Bargepoles advice in the second post on the Newbies thread

    You will not get a CCJ unless you lose in Court (not there yet) AND do not pay in time
    The pen is mightier than the sword ..... and I have many pens.
  • Jopex
    Jopex Posts: 16 Forumite
    10 Posts First Anniversary
    Thank you Trainerman!
  • D_P_Dance
    D_P_Dance Posts: 11,518 Forumite
    Part of the Furniture 10,000 Posts Name Dropper
    edited 13 March 2022 at 12:40PM
    Is this usual procedure from DCB Legal and its client? 

    Yes.  

     What should we expect from the court now?

    All explainedi the newbies, please read them 

    Once it is looked at by a judge, if they find against us would that be an immediate CCJ?

    All explained in the newbies and in many many websites on the internet.  Have you  complained to your MP?

    You never know how far you can go until you go too far.
  • KeithP
    KeithP Posts: 39,675 Forumite
    Part of the Furniture 10,000 Posts Name Dropper
    Jopex said:
    Hi everyone, 
    I wonder if anyone can offer advice on this. I would be greatly appreciated.
    So following the filing of the defence to the court we have now received a letter from DCB legal which states the following:

    “Having received the content of your defence we are writing to inform you that our client intends to proceed with the claim.
    The court will direct both parties to file directions questionnaires in due course.  In anticipation of that we are enclosing a copy.
    Without prejudice to the above, in order to assist the court in achieving its overrriding objective, our client may be prepared to settle this case - in the event you wish to discuss settlement, please call us on 0203 434 0433 WITHIN 7 DAYS and make immediate reference to this correspondence”

    Is this usual procedure from DCB Legal and its client?  What should we expect from the court now? Once it is looked at by a judge, if they find against us would that be an immediate CCJ?
    Sorry for so many questions but we are new to all this.  We would be so grateful for any advice you are able to offer.

    Thank you!
    You were expecting that, weren't you @Jopex?

    Item 7 on that list you were following when you filed your Defence stated...
    You now need to be reading items 8, 9, 10 and 11 on that list.
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