Old Claim Form for unpaid PCN for incident over 3 years ago 7 January at 6:20PM in Parking tickets, fines & parking 48 replies 621 views

Troublesum1

Hello good evening and happy new year all.

I recently found out I have a CCJ against me via a credit check and that it was due to a judgement made against me at an old address, I have take the steps advised in this forum to get that judgement set aside, for info on that please look here: https://forums.moneysavingexpert.com/discussion/6412293/ccj-from-old-address-seeking-advice-on-draft-order-and-ws#latest

I was away from the country on business and on arrival back I a letter, this letter was a new claim form! From a different claimant: Spring Parking Ltd. Issue date for the claim form was 23 December 2022. Particulars of the Claim are as follows (with the obvious redacted):

1. The defendant (D) is indebted to the Claimant (C) for a parking charge(s) issued to vehicle X at X
2. The PCN details are 2019,X
3. The PCN(s) was issued on private land owned or managed by C. The vehicle was parked in breach of the Terms on Cs signs (the Contract), thus incurring the PCN(s). 
4. The driver agreed to pay within 28 days but did not. D is liable as the driver or keeper. Despite requests, the PCN(s) is outstanding. The Contract entitles C to damages.

AND THE CLAIMANT CLAIMS

1. 165 being the total of the PCN(s) and damages.
2. Interest
3. Costs and court fees

So full breakdown of the claim:
Amount claimed: £213.28
Court fee: £35
Legal representative's cost: £50
Total: £2928.28

This was from so long ago I hardly remember any of it. I'm pretty confused how this conveniently pops up when I've just requested for the set aside, do these PPCs talk to each other or something? Either way, what I do remember is I was on the waiting list for a parking permit and I didn't have one. I may have been forced to park in the parking for one reason or another. Could really use some advice here, this claim does not yet affect my credit so I suppose paying it off isn't the worst idea if I'm likely to lose in court. Do I have the chance to request the information the claimant is using to make this claim? I genuinely only vaguely remember this. Thanks in advance all.

Coupon-mad

I'm pretty confused how this conveniently pops up when I've just requested for the set aside, do these PPCs talk to each other or something?

Nope. Coincidence.

It's the time of year for a flurry of court claims to scare people into paying, or to harvest mega money from CCJs by default, which IMHO is what the roboclaim fIrms really want.  They do this at Xmas/New Year every year.

Just copy an unremarkable day defence (search the forum). Shedloads just like yours, successfully defended.
 No paying it!  No CCJ risked.

KeithP

Troublesum1 said:

Issue date for the claim form was 23 December 2022.

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

That's over two 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'.

Troublesum1 said:

...this claim does not yet affect my credit so I suppose paying it off isn't the worst idea if I'm likely to lose in court.

Why not wait until you lose in court before paying? A lasting Judgment will not be filed against you if you pay the amount due within the timescale allowed by the Judge - often 14 days. Also worth noting that any amount due is likely to be less than that claimed. Anyway, no more talk about losing.

Troublesum1 said:

Do I have the chance to request the information the claimant is using to make this claim?

Yes, as described in the first few paragraphs of the second post of the NEWBIES thread, send a Subject Access Request to the Claimant. The information returned will be far more useful some months down the road - at Witness Statement time.

Troublesum1

Thank you so much guys, I will action this all tonight. Appreciate the support!

Troublesum1

So I've completed the AOS, gearing up to send a SAR. Any chance someone can just ok this for me?
Draft SAR:

New Address

09/01/23

Spring Parking LTD
PO Box 77282
London
NW4 9LR

Dear Sir or Madam

Subject access request ( Data Protection Act 2018 / General Data Protection Regulations (GDPR) )

Name, New Address(30/06/22 onwards). Old Address (03/18 – 06/22).

Please supply the data about me that I am entitled to under data protection law relating to myself.

In particular I am in urgent need of the data pertaining to PCN issued 05/08/2019, I suspect numbered X (found on claim form)

If you need any more data from me to confirm my identity, please let me know as soon as possible. It may be helpful for you to know that data protection law requires you to respond to a request for data within one calendar month. I no longer live at the property in question, nor do I own the car in question. I have attached my council tax bill as proof of my identity for now.

If you do not normally deal with these requests, please pass this letter to your Data Protection Officer, or relevant staff member. If you need advice on dealing with this request, the Information Commissioner’s Office can assist you. Its website is ico.org.uk or it can be contacted on 0303 123 1113.

Yours faithfully

X

Le_Kirk

Do not delay the matter by asking if they need "any more data from me to confirm my identity".  A copy of your V5C and the PCN should suffice.

Troublesum1

Le_Kirk said:

Do not delay the matter by asking if they need "any more data from me to confirm my identity".  A copy of your V5C and the PCN should suffice.

Thanks for your response on both my threads. Similarly in this case I do not own the vehicle in question or have the PCN in question so what would you advise?

Le_Kirk

A recent utility bill, council tax bill and/or a copy of any letter the PPC sent to your address

Troublesum1

Hi All,

So I've had a reply to my SAR where they've given me the pictures from the PCN and 2 items of correspondence for the PCN. The pictures from the PCN show it is a windscreen ticket, though I do not remember any windscreen ticket. The 2 items of correspondence are:

• Original windscreen ticket
• Notice to keeper

All correctly addressed etc for my situation at the time, though I do not recall any of it. I've had numerous work and holiday engagements since I've posted here last, even now I'm on a business trip away from home. Given @KeithP's post, it seems I have 2 days to submit a defence, should I still be looking down the avenue of unremarkable day defence? Any help would be greatly appreciated. I am actually stuck at the airport right now for a number of hours so I have time to drill down on this. 

Many thanks in advance.

Coupon-mad

Yes - nothing has changed and if the driver didn't find any windscreen ticket on that car then say so.  If you recognise the location then state why a driver of your car might have been authorised to be there (visitor of a tenant on site?  Shopping at a retail park?) but that's sufficient facts; if you don't know about the incident then clearly say as much.

Troublesum1

Coupon-mad said:

Yes - nothing has changed and if the driver didn't find any windscreen ticket on that car then say so.  If you recognise the location then state why a driver of your car might have been authorised to be there (visitor of a tenant on site?  Shopping at a retail park?) but that's sufficient facts; if you don't know about the incident then clearly say as much.

Thanks Coupon. The location is the ground level parking at the flat I was living at, at the time. Driver could have been returning my car but didn't realise that was the wrong place to park? Is that something I should be adding to my defence? Plan to start working on this now. Thanks again