DCB Legal taking me to County Court Business Centre, for T Szmidt T/A Capital Car Park Control

Blobbbbber

Hello,
I have just received a claim form from the County Court Business Centre (Northhampton) from DCB Legal on behalf of their claimant Terry Szmidt T/A Capital Car Park Control. This is for multiple PCNs for parking in the residents car park, where I was a resident. The claim is in the thousands of pounds. I am wonder about the best approach. If people could help. Strangely the 'Letter of Claim' and the county court claim form are listed as being on the behalf of the claimant Terry Szmidt T/A Capital CarPark Control. But, CAPITAL CAR PARK CONTROL LTD is the client on all of the Penalty Charge Notices that were sent to me, and all of the DCB Bailiffs and all of the signs in the car park, from what I can see from the SAR that I asked DCB Legal to send me. Could I ask for help in the defence that I am currently putting together. Also, should I pay for legal representation? Thanks

B789

You don't need to pay for legal representation if you are here. There is more knowledge available here from the long-term regulars than any solicitor who is not a specialist in these unregulated private parking matters.

What is the "issue date" on your claim form? Have you done the AoS yet?

What does the lease/AST where you were resident say about parking? What it doesn't say is equally important. How many PCNs are you talking about? Can you show us a copy of the Claim Form but with only your name/address, claim number and MCOL password redacted?

Blobbbbber

Thank you for your response. 1. The issue date on my claim form is 07 August 2023. 2. Sorry what is an AoS? 3. The AST does not state anything about resident parking. But the car parking space was for residents of the building. And I sent DCB legal a letter and they said this back to me; "any third-party instruction stating where you can park does not overrule the terms and conditions displayed. This parking management was put in place by the Freeholder for the benefit of all of the residents. You therefore could not reasonably expect to accept the benefit of the service, but at the same time refuse to comply with the requirements of it. The terms and conditions that are outlined on the signs where payment for visitor parking or a resident permit is required. On all (MULTIPLE) occasions you were recorded on site without making payment for your duration of stay nor displaying a valid resident’s permit. It is therefore our Client’s position that all Charges were issued correctly. 4. I was sent over 25 PCNs for months during months of lockdown in 2020. Will send on the Claim Form now, thanks

Castle

Blobbbbber said:

 . 4. I was sent over 25 PCNs for months during months of lockdown in 2020. 

How many are dated before 24th August 2020?

Blobbbbber

All the PCNs occurred between March and June 2020

Blobbbbber

the claim form

Coupon-mad

Blobbbbber said:

the claim form

Please show the amounts on the right. We need to know what we are assisting you with and how much is being claimed.


"should I pay for legal representation?"

No - you don't actually NEED it because we know what we are doing, unless we are talking high 4 figures here...?

In which case you might want to think about seeking legal advice too.  But don't be surprised if no local solicitor gets it like we do, snd says daft staff like telling you to admit!

Do you have legal cover as part of your house insurance?  Just wondering if this is a huge claim?

Please show us a pic of the sigbage?

Final question, have they separately sent you detail POC with the PCN numbers and dates and amounts and reasons for issue?

They can't just say we want £xxxx for an unspecified number of PCNs where we say a breach occurred on unspecified dates for unspecified reasons and we are going to make the consumer guess how many charges and what the alleged breach was!

Castle

Blobbbbber said:

Hello,
I have just received a claim form from the County Court Business Centre (Northhampton) from DCB Legal on behalf of their claimant Terry Szmidt T/A Capital Car Park Control. This is for multiple PCNs for parking in the residents car park, where I was a resident. The claim is in the thousands of pounds. I am wonder about the best approach. If people could help. Strangely the 'Letter of Claim' and the county court claim form are listed as being on the behalf of the claimant Terry Szmidt T/A Capital CarPark Control. But, CAPITAL CAR PARK CONTROL LTD is the client on all of the Penalty Charge Notices that were sent to me, and all of the DCB Bailiffs and all of the signs in the car park, from what I can see from the SAR that I asked DCB Legal to send me. Could I ask for help in the defence that I am currently putting together. Also, should I pay for legal representation? Thanks

Can you please post a copy of one of these "Penalty Charge Notices" here, (with your details redacted).

Le_Kirk

Blobbbbber said:

If people could help. 

Blobbbbber said:

2. Sorry what is an AoS? 3. 

All help you need is in the NEWBIE sticky which you have read of course.  There is a link in the NEWBIE sticky explaining how to submit your AoS. Whilst you have lived there has there ever been a ballot of tenants, leaseholders or freeholders explaining that a PPC will be along to infest the area and asking you to vote? 

B789

@Blobbbbber, AoS is Acknowledgement of ervice which you should do on your MCOL any time between today, 12th August and 26th August but there is nothing to be gained by delaying it. Once you have done the AoS, you then have up until 4pm on Monday the 11th of September to submit your defence. @KeithP will confirm whether I'm right.

Please show us the amounts they are claiming. There is no need to redact that.

Do you still reside at the location? If not, do you still have access to the lease/AST? It is important that you get hold of it and tell us exactly what it says about parking at the location.

One of the reasons we would need to know what it says is because your lease/AST has supremacy of contract over anything the scammers try to con you into believing about their signs (which form the "contract" that you have allegedly breached) are the be all and end all of the "law" (their "law"),

You are dealing with one of the most intellectually malnourished firms of solicitors and just because one of their paralegals says that because the freeholder contracted them then they must have the right to charge you for parking in your own space just goes to show how utterly idiotic they are. Was the PPC in place when you moved in or were they introduced some time after you moved there?

The freeholder cannot just introduce an ex-clamper and start charging you for parking if there is nothing in your lease/AST about that restriction. If the freeholder wants to amend the lease, they have to abide by the Landlord and Tenant Act 1987 §37. In simple terms, the freeholder must hold a ballot of all the leaseholders/tenants and, if there are less than 9 leases, all but one must consent to the change and if there are more than 8 leases, at least 75% have to consent and no more than 10% can oppose the proposed change.

Did the freeholder hold a ballot of tenants/leaseholders? If so, on what date did this take place and what were the results of that ballot? In the majority of cases, the ballot never takes place and the freeholder is bamboozled into believing the ex-clampers that they can introduce a third-party, unregulated scammer private parking company to generate extra income.

So, please let us know what your lease says and the amounts of the PCNs and the total that the scammer is claiming in their PoC. We already know that Yasmin Mia signed the statement of truth on the claim.

Blobbbbber

Hi everyone, thank you for all the help. Here is the Claim Form with the amounts they are are claiming not redacted.