CP PLUS claim form

Jojo2234

I just recevied a claim form from the court this morning, CP PLUS is demanding £311 from me as I overstayed on a Moto car park back in Jan 2018, 5,5 years ago!
I just had a look and found old PCN notice charge letters the first letter says the date of notice is 24/01/2018 and I overstayed at the car park on the 05/01/2018,therefore from what I understand they didn't issue it within 14 days.
What's the next step, do I do the acknowledge of service on the mcol and wait for the court to respond and then file my defence. 
I don't really remember what happened on that day, can't remember why I overstayed by 3hours,how do I explain my self on the defence,that was over 5years ago I haven't had a a letter from them since April 2019 and suddenly I received the court claim. 

KeithP

You've been through the court process before.
It's still much the same as it was last year.

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

Jojo2234

County Court claim is 02/06/23

KeithP

Jojo2234 said:

County Court claim is 02/06/23

With a Claim Issue Date of 2nd June, you have until Wednesday 21st June 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 5th July 2023 to file your Defence.

That's nearly 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 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'.

Are you going to update your thread about last year's court appearance?

Jojo2234

Thanks for your reply. 
What about the PCN that hasnt been issued within 14 days of the day of the overstay at the car park, doesn't it make it invalid?

KeithP

Jojo2234 said:

Thanks for your reply. 
What about the PCN that hasnt been issued within 14 days of the day of the overstay at the car park, doesn't it make it invalid?

No it does not. If true, it just means that they cannot use that PCN to transfer any driver's liability to the keeper.

You could've perhaps argued that point earlier, but now you have to defend yourself in court.

Coupon-mad

Jojo2234 said:

Thanks for your reply. 
What about the PCN that hasnt been issued within 14 days of the day of the overstay at the car park, doesn't it make it invalid?

You were driving so it's technically irrelevant.

You have defended cases before so you will have read the NEWBIES thread several times in the past.  It explains that the PoFA 2012 only protects a keeper.

You could have easily won this at POPLA in 2018, had you appealed as registered keeper, citing the fact it is a non-PoFA NTK.

Too late for that now, albeit you don't have to admit to driving in your defence (obviously you don't "deny" it though!).

Why not copy and adapt one of the hundreds of other CP Plus unremarkable day defences?

There were hundreds in 2022.  Easy to search and find shedloads of ones already written.

And if this is DCBLegal they will discontinue this claim without a hearing (you'll win) as long as you follow all advice and make sure you do the WS bundle in time later this year.  That's when it ends.

Jojo2234

I'm currently doing my defence, as I have until Wednesday to email it to the court. 
I have few questions regarding the claim. 

1)It says I agreed to pay it, but I never did. I never actually replied to their letter or contacted them in any way. 
2)are they allowed to take interest of 8%. 
3) can I add in my defence that the PCN arrived after 14days, where it should arrive within 14 days and they cannot use that PCN to transfer any driver's liability to the keeper.

I'm thinking to just write in my defence I. Don't recall this day as it was over five years ago, and it could be many other people driving this car as it was five minutes drive away from my house where I lived.
But I'm not sure what else to add. 

Umkomaas

I have few questions regarding the claim. 

1)It says I agreed to pay it, but I never did. I never actually replied to their letter or contacted them in any way. 
2)are they allowed to take interest of 8%. 
3) can I add in my defence that the PCN arrived after 14days, where it should arrive within 14 days and they cannot use that PCN to transfer any driver's liability to the keeper.

1. I'm afraid the driver did, by performance. It will be one of the conditions shown on the car park signage (the contract with the driver), standard entry on almost every PPC's signage. 
2. Yes, but courts very often pare it back to zero, or 1-2%. Trust the judge to deal with it sensibly.  
3. What was the date of issue, that will be more of a determinant than the actual date of arrival. Was the NtK otherwise PoFA-compliant?  Have you in any correspondence with the PPC given the identity of the driver. If those three fall in your favour then you can use your suggested tack, but you'll need to be fully versed in PoFA and its nuances, don't expect a judge to be fully au fait. 

Coupon-mad

Coupon-mad said:

Jojo2234 said:

Thanks for your reply. 
What about the PCN that hasnt been issued within 14 days of the day of the overstay at the car park, doesn't it make it invalid?

You were driving so it's technically irrelevant.

You have defended cases before so you will have read the NEWBIES thread several times in the past.  It explains that the PoFA 2012 only protects a keeper.

You could have easily won this at POPLA in 2018, had you appealed as registered keeper, citing the fact it is a non-PoFA NTK.

Too late for that now, albeit you don't have to admit to driving in your defence (obviously you don't "deny" it though!).

Why not copy and adapt one of the hundreds of other CP Plus unremarkable day defences?

There were hundreds in 2022.  Easy to search and find shedloads of ones already written.

And if this is DCBLegal they will discontinue this claim without a hearing (you'll win) as long as you follow all advice and make sure you do the WS bundle in time later this year.  That's when it ends.

My advice hasn't changed.  This is easy to win.

patient_dream

Another point to remember is the extra claim for "DAMAGES"

Doubt CP Plus own the land and only act in the capacity of agents.  This is a fake claim (£70) by DCBL and signed as a statement of truth by Yasmin Mia

If it goes to court, this a major point for the attention of the Judge