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Received claim form from Country court - DCB Legal / CCPC LTD

Hello all. Grateful for any help on this one. 

Received a letter by post from Capital Car Park Control LTD in Jan 2022. Been banging my head against a brick wall with them ever since. 

The PCN was issued under the PoFA - which is important as it relates to my appeal 

I Initially made a detailed appeal to CCPC LTD based on a number of issues with the visibility of the signage. 

One of the principle reasons for my appeal was the notice to me was served after the 14days allowed by the PoFA - when carried out via ANPR and not placed on vehicle on site. 

The appeal was rejected by CCPC and the 14 days was conveniently skipped over by CCPC in their response - and every response ever since by both them and DCB. 

Since then it has been passed to DCB legal. Despite my pointing out the fact that the notice was not served in a timely manner in accordance with PoFA, they have continued to ignore this and now I find myself with a claim to defend. 

I am concerned about the prospect of a CCJ - but I also want to stand up for what is right. Will the CCJ automatically be put onto my record if the claimant wins?

Do I have to issue a SAR - or is that too late?

I am basically a bit confused about next steps. The letter I received stated 'you can respond to this claim online. log in to www.moneyclaim.gov.uk' but in another thread on this forum I read that the defence should not be made via the money claim website. 

I am basically a bit confused about next steps. 

Sorry for the long post - tried to keep it as short as possible. 
«13456

Comments

  • Mouse007
    Mouse007 Posts: 1,062 Forumite
    Part of the Furniture 1,000 Posts Photogenic Name Dropper
    You acknowledge receipt of the claim online - that must be done with 14 days of service. If you do that in time then you have 28 days to file a defence from the date of service. Do not file the defence online, you should email a pdf.

    Read the "Template defence to adapt for all parking cases where they add false admin costs - edited March 2022" thread, third sticky post (one click back)

    It has everything you need to know

    BBC WatchDog “if you are struggling with an unfair parking charge do get in touch”


    Please email your PCN story to watchdog@bbc.co.uk they want to hear about it.
    Please then tell us here that you have done so.

  • Coupon-mad
    Coupon-mad Posts: 152,861 Forumite
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    edited 29 December 2022 at 3:30PM
    Will the CCJ automatically be put onto my record if the claimant wins?
    This and all other questions are answered in the NEWBIES thread second post.  You will not get a CCJ even if you lose as long as you follow our advice.

    What is the EXACT Claimant name on the N1 form?

    What's the date of issue, top right of the N1 claim?

     
    PRIVATE 'PCN'? DON'T PAY BUT DON'T IGNORE IT (except N.Ireland).
    CLICK at the top or bottom of any page where it says:
    Home»Motoring»Parking Tickets Fines & Parking - read the NEWBIES THREAD
  • Echino
    Echino Posts: 27 Forumite
    10 Posts First Anniversary Name Dropper
    Hello and thanks for the responses. 

    Will the CCJ automatically be put onto my record if the claimant wins?
    This and all other questions are answered in the NEWBIES thread second post.  You will not get a CCJ even if you lose as long as you follow our advice.

    What is the EXACT Claimant name on the N1 form?

    What's the date of issue, top right of the N1 claim?

     
    The name in the 'Claim Form' is:

    'Capital Car Park Control LTD.
    SVS House'

    With an address for sending documents and payments: 

    'DCB LEGAL LTD ...'

    I called the County Court and they said to send the 'acknowledgement of service' part of the document to: 
    CCBCAQ@justice.gov.uk. Am I better off sending it to that address than moneyclaim.gov.uk. 

    They also said I could send my defence to this address. Is it okay to send the defence as a PDF document made from word rather than written on their form?

    I am a bit worried that my defence is too lengthy because as well as one of my main points being the fact that the notice was served beyond the time limit outlined in PoFA there were lots of smaller points. 

    Interestingly I won an appeal with POPLA for a different case at the same site based on the fact that the entry of for the site was not clearly marked. Is it worth adding this to my defence and siting that appeal decision?

    Thanks for your help. It is all very stressful but determined not to give in. 
  • KeithP
    KeithP Posts: 41,296 Forumite
    Part of the Furniture 10,000 Posts Name Dropper
    ...and the answer to the other question that @Coupon-mad asked?
  • Echino
    Echino Posts: 27 Forumite
    10 Posts First Anniversary Name Dropper
    Also - is it too late to send a SAR request at this point? 
  • Echino
    Echino Posts: 27 Forumite
    10 Posts First Anniversary Name Dropper
    Sorry - forgot to add the date of issue of the 'claim form' - 19th Dec 2022

    Thanks
  • Echino
    Echino Posts: 27 Forumite
    10 Posts First Anniversary Name Dropper
    KeithP said:
    ...and the answer to the other question that @Coupon-mad asked?
    Apologies, added this now. 
  • KeithP
    KeithP Posts: 41,296 Forumite
    Part of the Furniture 10,000 Posts Name Dropper
    Echino said:
    Sorry - forgot to add the date of issue of the 'claim form' - 19th Dec 2022
    With a Claim Issue Date of 19th December, you have until Monday 9th January 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 Monday 23rd January 2023 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 again at the second post on the NEWBIES thread - immediately following where you found the Acknowledgment of Service guidance.
    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'.
  • KeithP
    KeithP Posts: 41,296 Forumite
    Part of the Furniture 10,000 Posts Name Dropper
    Echino said:
    Also - is it too late to send a SAR request at this point? 
    No. The response will be far more useful at Witness Statement time.
  • Mouse007
    Mouse007 Posts: 1,062 Forumite
    Part of the Furniture 1,000 Posts Photogenic Name Dropper
    Echino said:
    I called the County Court and they said to send the 'acknowledgement of service' part of the document to: 
    CCBCAQ@justice.gov.uk. Am I better off sending it to that address than moneyclaim.gov.uk.
    NO, do what we tell you to do. Use moneyclaim and you will have an account to view, you will then be able to see online what stage you are at.
    Echino said:

    They also said I could send my defence to this address. Is it okay to send the defence as a PDF document made from word rather than written on their form?
    YES, do not use moneyclaim online for defence, their form will screw your formatting into a single block of text limited to something like 200 words. NOTHING, not even a full stop, goes into their form.
    Echino said:
    Also - is it too late to send a SAR request at this point? 
    NO, do that asap but don't worry if it does not come back before you have to file your defence. You will need it later for a Witness Statement (months down the line).






    BBC WatchDog “if you are struggling with an unfair parking charge do get in touch”


    Please email your PCN story to watchdog@bbc.co.uk they want to hear about it.
    Please then tell us here that you have done so.

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