County Court Claim from Capital Car Park Control

hehazone

Hi

After successfully appealing so many tickets, I finally got my first court claim pack and would like to ask everyone's helps to check if I have a solid defence.

Many thanks in advance and here we go:


1. Initial PCN:


2. Photo from Capital Car Park Control



3. Capital Car Park Control rejecting my appeals



My 3rd paragraph:

3. The defendant was a permitted visitor as his family has a flat on that residential site. And the car was registered with the concierge and does have an allocated parking bay assigned.

At that date and time, the defendant was collecting a key from his family member which he communicated to the concierge through the intercom system installed at the gate and got approval to enter the residential site as the concierge remotely controls the gate. The defendant then felt unwell during the visit and end up spending some time in the toilet.

At the entry point where the photo was taken and submitted by the Claimant, there was no signage mentioning any limit in terms of the time period that the vehicle is allowed to be staying in. And the signage with all the terms and conditions was obscured and hidden behind a bush distanced from the entry point.

Supporting photo showing that the signage is distance and cannot be seen clearly from the entry point (marked red box)

KeithP

What is the Issue Date on your County Court Claim Form?

hehazone

KeithP said:

What is the Issue Date on your County Court Claim Form?

28 July 2022, can I ask how is that related? Thanks

KeithP

hehazone said:

KeithP said:

What is the Issue Date on your County Court Claim Form?

28 July 2022, can I ask how is that related? Thanks

Yes of course you can ask that and I hope the following helps in some small way...

With a Claim Issue Date of 28th July, you have until Tuesday 16th August to file an Acknowledgment of Service but there is nothing to be gained by delaying it. 

To file an Acknowledgment of Service, follow the guidance in the Dropbox file linked from the second post in the NEWBIES thread.

Having filed an Acknowledgment of Service in a timely manner, you have until 4pm on Tuesday 30th August 2022 to file your Defence.

That's nearly three weeks away. Plenty of time to produce a Defence and it is good to see that you are not leaving it to the last minute.

To create a Defence, and then file a Defence by email, look again at the second post on the NEWBIES thread - immediately following where you found the Acknowledgment of Service instructions.

Don't miss the deadline for filing an Acknowledgment of Service, nor that 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'.

Trainerman

Quite apart from anything else, that rejection of appeal is a crime against the English language. A supposedly professional company using phrases such as "you was". Pathetic.

I hope you wipe the floor with them OP

Castle

Trainerman said:

Quite apart from anything else, that rejection of appeal is a crime against the English language. A supposedly professional company using phrases such as "you was". Pathetic.

I hope you wipe the floor with them OP

Talking of possible "crimes"; this appears to be Terry Szmidt t/a Capital car park control and not his limited company; which gives him two problems-
(1) Only his limited company was a BPA member in July 2021, so the OP's data has probably been unlawfully obtained.
(2) The paperwork fails to disclose Mr Szmidt's name on it; (an criminal offence under the Companies Act 2006).

Hopefully the OP can confirm the full name of the claimant.

Coupon-mad

Trainerman said:

Quite apart from anything else, that rejection of appeal is a crime against the English language. A supposedly professional company using phrases such as "you was". Pathetic.

And bless him...hapless ex-clamper Terry's NTK says the camera images are recorded on 'video tape or DVD'.

Is he living in the 1970's?!

Le_Kirk

Trainerman said:

Quite apart from anything else, that rejection of appeal is a crime against the English language. A supposedly professional company using phrases such as "you was". Pathetic.

I hope you wipe the floor with them OP

Glad it wasn't just me that spotted it; not once (that one could excuse as a error) but several times!

1505grandad

"Hopefully the OP can confirm the full name of the claimant."

Also hopefully the OP will arrange the usual excercise of contacting the DVLA to find out who obtained their data during the relevant period.

hehazone

Castle said:

Trainerman said:

Quite apart from anything else, that rejection of appeal is a crime against the English language. A supposedly professional company using phrases such as "you was". Pathetic.

I hope you wipe the floor with them OP

Talking of possible "crimes"; this appears to be Terry Szmidt t/a Capital car park control and not his limited company; which gives him two problems-
(1) Only his limited company was a BPA member in July 2021, so the OP's data has probably been unlawfully obtained.
(2) The paperwork fails to disclose Mr Szmidt's name on it; (an criminal offence under the Companies Act 2006).

Hopefully the OP can confirm the full name of the claimant.

Sure thing and here you go. Looks like it just "TERRY SZMIDT T/A CAPITAL CAR PARK CONTROL"

hehazone

KeithP said:

hehazone said:

KeithP said:

What is the Issue Date on your County Court Claim Form?

28 July 2022, can I ask how is that related? Thanks

Yes of course you can ask that and I hope the following helps in some small way...

With a Claim Issue Date of 28th July, you have until Tuesday 16th August to file an Acknowledgment of Service but there is nothing to be gained by delaying it. 

To file an Acknowledgment of Service, follow the guidance in the Dropbox file linked from the second post in the NEWBIES thread.

Having filed an Acknowledgment of Service in a timely manner, you have until 4pm on Tuesday 30th August 2022 to file your Defence.

That's nearly three weeks away. Plenty of time to produce a Defence and it is good to see that you are not leaving it to the last minute.

To create a Defence, and then file a Defence by email, look again at the second post on the NEWBIES thread - immediately following where you found the Acknowledgment of Service instructions.

Don't miss the deadline for filing an Acknowledgment of Service, nor that 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'.

Got it and I have jumped the gun and filed an acknowledgement of service already. But yes I did read the sticky thread and prepared a defence already which was paragraph 3 typed out in my 1st post, is that enough or should I post the whole thing for everyone's reference? Thanks