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

Coupon-mad

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

I think you should ask Small Claims Advisor to help with this one. The amount is huge and it will be well worth the small fee that the expert David charges:
https://smallclaimsadvisor.co.uk/

He posts here as @bargepole but I have no connection to the firm.

Looks like (if you haven't yet acknowledged the claim) you could ask David about whether to do that and defend as normal or whether to apply for the claim to be struck out because it's from the wrong legal entity.

Don't hang about but David only responds on weekdays.

Send him a URL link to this thread as background, plus a copy of the claim form, and a copy of a PCN, pic of a sign and a full copy of the LBC including that full list of 33 PCNs.  Send him everything to consider.

Coupon-mad

Blobbbbber said:

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

Is this 33 PCNs (£3300) exaggerated to over double that sum, which we think means DCBLegal stand to get THOUSANDS for sending a LBC that costs a fiver, max?

FOR PARKING AT YOUR OWN HOME WHERE YOU HAVE A RIGHT TO PARK A VEHICLE?

My goodness this is appalling.

Blobbbbber

Hi everyone, thank you all 1. Yes, this is a big claim, in the high four figures. I think I should seek legal advice, get a barrister?

2. I have written to Ed Davey, who said he will email DCB Legal.

3. I sent DCB Legal 14 questions enquiring about a break-down on costs, why I'd been sent letters from two different entities, Terry Szmidt T/A and also others from Capital Car Park Control. I asked them for an SAR also. They sent me back emails, but failed to answer my 14 points. They sent images of the signs in the residents car-park from 2018. When I lived there, the signs looks liked they had been ripped off the walls. 

4. Will check to see of I have legal-cover on house insurance, thank you for that tip.

5. They claim 33 PCNs

6. I don't know if there was ever a ballot of tenant, leaseholders or freeholders explaining that a PPC would be managing the residents carpark. I have long since moved out of that flat. I moved out in July 2020. Where could I find out if a ballot ever happened? Do you know who I could speak to? Thank you.

7. I still have the assured short hold tenancy AST that the landlord sent to me, and it says nothing on it about parking, or having to pay for parking, or having to have a residents parking ticket. There is no mention in the AST about that. I must find out whether a ballot was held of leaseholders and tenants.

8. Lost quite a bit of sleep over this, thank you all for your help.

Blobbbbber

Here are photos of the signs DCB Legal sent me after the SAR

B789

Can you show us a picture of those signs?

Coupon-mad

 I think I should seek legal advice, get a barrister?

Nonono, they are HOPELESS with parking law.  Contact David.

Blobbbbber

Have yet to complain to the landowner. Thanks for the advice on that. I will also contact David from small claims advisor

Blobbbbber

Hi B789 - "Can you show us a picture of those signs?" Do you mean go back over to the car-park now and take my own photos? Thanks

Coupon-mad

Blobbbbber said:

Hi B789 - "Can you show us a picture of those signs?" Do you mean go back over to the car-park now and take my own photos? Thanks

No, I think you cross-posted.  No need.

How come it's pay & display?

For residents? 

Grizebeck

Given the volume of tickets this will go to a hearing
I think due to the amount a different tact is needed then the usual forum defence.