Parking company County Court Claim 2 years after full payment!

devondiver

So - right on Christmas my daughter received a Claim Form issued by Northampton County Court dated 23rd December 2022. The claim stems from a 25 minute overstay in a privately controlled Exeter car park, in June 2019, which my daughter uses almost daily. Now, the thing is that the original amount claimed of £160 (yes, scandalous I know) was paid by my daughter in December 2020 (against my advice - but my daughter, as a pregnant mum just before Christmas, couldn’t face the hassle of contesting it).

Since she had paid the “debt” in December 2020 my daughter saw no reason to keep any of the original correspondence. However, re-starting in January 2022 my daughter has received numerous letters and email correspondence claiming that the debt remains unpaid. The only proof of payment my daughter has is copies of her bank statement showing the payment to IPAYMYPCN.net in December 2020. The company hounding her is DCBL, Runcorn, and they refuse to accept the bank statement evidence and claim that my daughter must have paid the wrong company, unconnected to DCBL. Unfortunately my daughter has no record of the letter asking her to pay IPAYMYPCN.net and was led to believe she had been scammed into paying the wrong company.

Today I looked into things and discovered that IPAYMYPCN.net seems to have morphed into a company called ZZPS Ltd for which I found a contact number. They wouldn’t talk to me so my daughter called them upon which they agreed that they had been paid and sent her email confirmation to that effect.

So what’s the problem? Well, as I see it (and perhaps some may agree) that my daughter, a harassed mother of two young children right on Christmas (twice) has been put through a significant amount of  stress and worry and time-wasting (including mine) either as a result of administrative incompetence or, possibly, blatant extortion. There is still a seven-page County Court Claim form to be waded through - and this includes a section titled Counterclaim – which perhaps we should be seriously considering?

Details of the Claim are: The Claimant is UK Parking Control Limited, Coventry, and the address for documents and payments is DCB Legal Ltd, Runcorn. The amount claimed is the original £160 (for the PCN and damages) plus interest, court fee and legal costs taking it to a total of almost £300. It seems we have until mid-January to mount a response, or end of January if we ask for extension.

On a wider note – we all know what pond scum these parking companies are and the way that they seem to get their teeth into anyone that appears a ‘soft touch’ (i.e. people that pay up rather than face the hassle of disputing) disgusts me beyond (printable) words. So any opportunity to get some measure of 'pay-back' should perhaps not be passed over.

Thanks for reading – and for any helpful comments/suggestions which may follow.

KeithP

devondiver said:

So my daughter received a Claim Form issued by Northampton County Court dated 23rd December 2022.

With a Claim Issue Date of 23rd December, your daughter has until Wednesday 11th 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, your daughter has until 4pm on Wednesday 25th January 2023 to file a Defence.

That's almost 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'.

devondiver

Thanks but - if we are simply pointing out, with evidence, that the original claim (£160) was paid when due is this still classed as a Defence? Surely this shouldn't go to court - unless we file a Counterclaim, which is the real question I believe. Or can we simply ask for costs/damages after the case is dropped, dismissed or won? Not at all sure of the procedure where the claim is so obviously erroneous.

Coupon-mad

I would defend it as normal and in your daughter's facts paragraph state that this parking charge was paid under duress two years ago and evidence from the debt collector at the time, ZZPS will be provided.

IS SHE CERTAIN THERE WERE NOT TWO PCNS? HAS SHE COMPARED THE PCN NUMBER ON THE CLAIM FORM WITH THE SPECIFIC PCN NUMBER ZZPS SAY THEY WERE PAID FOR?

There is a temptation to do a counterclaim for at least £160 for breaches of the CPUTRS (misleading actions) and unjustified harassment contrary to the PFH Act, which has continued for almost 3 more years, despite the Defendant (being vulnerable and pregnant at the time of the 2020 demands) caving into the pressure and paying an extortionate £160 that was extorted with misleading letters.

If it was me, I would.  Costs £30 and has to be properly pleaded in a legal way.  Maybe this is one that your daughter might run by our regular poster @bargepole to see if he fancies writing the defence and counterclaim for a small fee, to get it right?

Here he is (this company is NOTHING to do with me by the way):
https://smallclaimsadvisor.co.uk/

He will look at your docs and tell the Defendant if he thinks her counterclaim has legs. She needs to contact him, not you.

He is also the expert 'court claim' chap sitting at his kitchen table here (I am the lady on the beach...!) - this is worth watching in full and it will empower her:
https://www.channel5.com/show/parking-the-big-con

The point is, in our long experience, counterclaims usually fail, so if you want it done well and to make it stick, you might decide you need some help.  

devondiver

Thanks for your comments/suggestion. I'll get her onto it. Definitely only one PCN - same number on all docs.

devondiver

Coupon-mad said:

I would defend it as normal and in your daughter's facts paragraph state that this parking charge was paid under duress two years ago and evidence from the debt collector at the time, ZZPS will be provided.

IS SHE CERTAIN THERE WERE NOT TWO PCNS? HAS SHE COMPARED THE PCN NUMBER ON THE CLAIM FORM WITH THE SPECIFIC PCN NUMBER ZZPS SAY THEY WERE PAID FOR?

There is a temptation to do a counterclaim for at least £160 for breaches of the CPUTRS (misleading actions) and unjustified harassment contrary to the PFH Act, which has continued for almost 3 more years, despite the Defendant (being vulnerable and pregnant at the time of the 2020 demands) caving into the pressure and paying an extortionate £160 that was extorted with misleading letters.

If it was me, I would.  Costs £30 and has to be properly pleaded in a legal way.  Maybe this is one that your daughter might run by our regular poster @bargepole to see if he fancies writing the defence and counterclaim for a small fee, to get it right?

Here he is (this company is NOTHING to do with me by the way):
https://smallclaimsadvisor.co.uk/

He will look at your docs and tell the Defendant if he thinks her counterclaim has legs. She needs to contact him, not you.

He is also the expert 'court claim' chap sitting at his kitchen table here (I am the lady on the beach...!) - this is worth watching in full and it will empower her:
https://www.channel5.com/show/parking-the-big-con

The point is, in our long experience, counterclaims usually fail, so if you want it done well and to make it stick, you might decide you need some help.  

 Seems that https://smallclaimsadvisor.co.uk/ is only appropriate for larger claims than this is likely to be. Perhaps @bargepole (or someone?) might pitch in here with a view - especially with regard to my queries above.

patient_dream

This is just another rubbish claim from UKPC to which DCBL have no idea

As long as you can prove she paid and it is the same ticket they are chasing, the result can only be a spanking in court for DCBL
A bank statement is perfect, and the confirmation from ZZPS

You can ask the judge for unreasonable behaviour costs

You have a choice, either show your proof to DCBL AND TELL THEM TO CANCEL, If they ignore you then let a judge spank them and claim unreasonable costs.

Chances are you will end in this thread which mainly comprises of UKPC rubbish

DCB LEGAL RECORD OF PRIVATE PARKING COURT CLAIM DISCONTINUATIONS

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

And, do read this .... UKPC / TRUSTPILOT = 99% BAD
https://uk.trustpilot.com/review/www.ukparkingcontrol.com

Be it DCBL discontinue or they are spanked in court, a complaint should be made to the BPA as it seems UKPC record keeping fails

Le_Kirk

devondiver said:

 Seems that https://smallclaimsadvisor.co.uk/ is only appropriate for larger claims than this is likely to be. Perhaps @bargepole (or someone?) might pitch in here with a view - especially with regard to my queries above.

SmallClaimsAdvisor IS @bargepole.  You could send him a PM by using the messages symbol (envelope) top right of the page but he is the one you want for this case.

Coupon-mad

It isn't for large claims. Bargepole is an expert on parking cases!

devondiver

Coupon-mad said:

It isn't for large claims. Bargepole is an expert on parking cases!

Sorry but - 4 figures plus is large to me! 

PS: I have pm'd anyway, thanks.

devondiver

Le_Kirk said:

devondiver said:

 Seems that https://smallclaimsadvisor.co.uk/ is only appropriate for larger claims than this is likely to be. Perhaps @bargepole (or someone?) might pitch in here with a view - especially with regard to my queries above.

SmallClaimsAdvisor IS @bargepole.  You could send him a PM by using the messages symbol (envelope) top right of the page but he is the one you want for this case.

I do appreciate that, thanks; and I have followed your suggestion.