Cp Plus Parking Issue raised to County Court Business Centre Northampton

imsparticus

Dear All

My first time on here and grateful for any help with information in advance.

23/12/20 at Moto Services at Wetherby A1. I have received from CP Plus London a ticket stating I arrived at 15:11 and left at 20:03.

I had a meeting with a friend and a couple of coffee's.

Four boxes on the form with In Capture showing a clear image of my car with registration plate and underneath another small box showing the said plate separately.

Second set of boxes with Out Capture showing a Dark box with two hazy lights (headlights). No vehicle can be seen at all. Underneath it shows the same reg plate in black and white from the first set of images.

I appreciate I should have had a look here before I attempted to deal with this as clearly you all have been through the mill and offer great advice on how to deal with these companies.

Initially I foolishly was going to pay as I would like to class my self as law abiding ( I hear you laughing as there is clearly no law attached ) I now know. Until I showed my wife who mentioned.... But how can that be your car if you can't see it?!

Thus:

I replied back in a nice manner stating I was the driver and a request for further evidence (clearer) of the Out Capture image showing said vehicle and registration.

Replies as followed:

19 Jan 21- Noted and Considered
25 Jan 21- Details of driver request
1 Feb 21- Reject Appeal ( I sent a further reply stating I had not asked for an appeal )
16 Feb 21- Another Appeal Rejection Letter

On three further occasions I have sent a request letter asking them to provide clear evidence of the Out Capture Image showing said vehicle and failure to do so by CP Plus will lead to further action being defended.

7/24 May 21- 7 June 21-Debt Recovery Plus Letters received.

17 Sept 21/8 Oct 21/8 Nov 21/ Dec 21 -Debt Collection Bailiffs Letters received. 

31 Aug 22 - DCB Legal Solicitors Letters received.

29 Sept 22- Claim Form from County Court Buis Centre Northampton Received.

 Amount claimed: 194.64 
         Court Fee:    35.00
   Solicitors costs: 50.00  
                           279.64

I have registered with HM Courts and Tribunals allowing a further 33 day's as you are well aware to set a Defence regarding this case, after reviewing your MoneyClaimOnline for the next step forward.

Apologies If it is laborious to read but If I'm going to have a hour in court to defend this it would be great to hear what your thought's are too or am I climbing up the wrong tree with this.

Many thanks

ImSparticus              

KeithP

imsparticus said:

29 Sept 22- Claim Form from County Court Buis Centre Northampton Received.

I have registered with HM Courts and Tribunals allowing a further 33 day's as you are well aware to set a Defence regarding this case, after reviewing your MoneyClaimOnline for the next step forward.

Hello and welcome.

You say that you received a Claim Form on 29th September 2022, but what is the Issue Date on the Claim Form?

It looks like you may have already filed an Acknowledgment of Service. Upon what date did you do that? Your MCOL Claim History will have the definitive answer.

Coupon-mad

I replied back in a nice manner stating I was the driver.

Oh no...

You'd have won with ONE email.

I hope that you realise that now, and will never again contact a PPC saying you were the driver?!  The registered keeper had a nailed on '100% slam dunk' easy win on appeal and it was binned.

CP Plus can't hold a keeper liable.  That's all the keeper had to say.

Too late for that now, but lesson learned?

Please answer KeithP's questions and we'll do our best to help the Defendant pick up the pieces.

Surely you weren't there five hours?  Surely this is more likely two visits, on on the way up and one coming back on the other side of the motorway?

imsparticus

Hi Keith 

The Issue date on the claim form was 29th Sept 22.
It was received by myself on the 3rd Oct and Filed online on the 4th Oct.

Thanks for looking at this

imsparticus

Coupon-mad

Yes your correct I will next time. That's interesting regarding the non disclosure of the keeper. So in future are you saying the keeper does not have to forward that information?!

That would be nice but the camera's and carpark is just off the motorway.

Thanks for your response.

KeithP

imsparticus said:

The Issue date on the claim form was 29th Sept 22.
It was received by myself on the 3rd Oct and Filed online on the 4th Oct.

With a Claim Issue Date of 29th September, and having filed an Acknowledgment of Service in a timely manner, you have until 4pm on Tuesday 1st November 2022 to file your Defence.

That's almost four 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'.

Umkomaas

I thought I'd draw your attention to this fairly recent thread which you might have missed. You must keep going through all the necessary court procedure phases, but the hope is that your case will follow the same pattern of all those detailed in the thread. 

https://forums.moneysavingexpert.com/discussion/6377263/dcb-legal-record-of-private-parking-court-claim-discontinuations/p1

imsparticus

HI Keith

Thank you for your time with this. I won't and will have a look at the link you mention.

Do you think that the fact of you cannot see a vehicle thus no evidence could and should be used or just go for what it mentions in the newbies thread?!

Ok so do I have to find a link to the court to send it to instead by email or would letter suffice?!

Thanks again

KeithP

imsparticus said:

Ok so do I have to find a link to the court to send it to instead by email or would letter suffice?!

Why not read the guidance I have suggested?
The email address is in there.

imsparticus

Umkomaas

Thanks for your reply I will have a look at the link.

Any heads up in the procedure is better than none.

Thanks again.

imsparticus

Keith

Will do and thanks agin.