Who do I hold accountable for witholding info causing PCN - dcbl small claim

tryion

This one is a bit different.


It's about my friend who lives in a housing association . She was recently handed CCJ for PCNs that she has not paid for,  that were given bcs she was parking without having a parking permit in front her door.

She told me she was ill advised about her options and this led her to these PCNs. She said that she was told she couldn't park bcs there was no empty bay, and  that she had to find her own arrangements. Which she couldnt in central LDN. The third option they gave her is to get rid of her car. 

Now the 4th option which was the most important of them all, was not given and staff held it back for 2 to 3 good months. 
That option was to park in a different location locally but owned by the same housing association  bcs they knew they had shortage of parking. 

My friend wants to sue the housing association and ask for compensation  totalling to all the PCN bcs she was ill advised . Tbh she doesnt even know what to do about the CCJ other than telling the judge she has not been given proper advise about parking until it was to late. Also that she couldn't afford it but they disregarded that and just sent a ccj .

The company is dcbl , we don't want to mention the housing association. 

We have been trying to contact the land owner meaning our housing association to get it on record that they didn't tell is this info . We also have written proof how they offered us these option much later. We also wrote to MP.

CCJ was issued 14th this month

Can she defend herself against the CCj by the parking management company  or should she take the housing association to court for full compensation after the CCJ . 

Coupon-mad

Do you mean a CCJ or do you mean a Claim Form?

jlfrs01

I'm going to leave the tackling of the PCNs and CCJs to others to address but I will comment on the wish of your firend to sue the Housing Association.

Would your friend need a permit to park on one of the HA's other properties and does she know there are vacant spaces available? 

tryion

Coupon-mad said:

Do you mean a CCJ or do you mean a Claim Form?

Sorry you are correct it does says Claim Forum on top of the paper. 

jlfrs01 said:

I'm going to leave the tackling of the PCNs and CCJs to others to address but I will comment on the wish of your firend to sue the Housing Association.

Would your friend need a permit to park on one of the HA's other properties and does she know there are vacant spaces available? 

Yes she would need a permit from the HA to park in other local properties belonging to the HA. 


As for the vacant spaces Yes, there were lots of vacant space  in the other HAs, that was only14 min away from me by foot or 5 min by car.

 On our current property there was 1 space but they gave it now to a tenant after complaints of it being vacant .

I was happy to park 15min away but they didn't give me this info until I got all the pcns.

Coupon-mad

So she has a Claim Form with Issue Date 14/8 - has she read the NEWBIES thread 2nd post?  This is simple to defend.

tryion

Coupon-mad said:

So she has a Claim Form with Issue Date 14/8 - has she read the NEWBIES thread 2nd post?  This is simple to defend.

Oh i see, small claim!! No have not finished reading yet, Will go through it for her,then will get back to you ser. Thx. 

I was about to pay 99£ for someone to handle my case but since you said it's easy she might save that 99 and do it for her . Thx ser.

Coupon-mad

OMG don't pay anyone!

Sooooo easy!

We have a Template Defence and we will walk her through the stages until DCBLegal discontinue (= give up).  Don't let her be scared.

Please show a redacted pic of the claim form so we can see the £ and the Particulars of claim but COVER UP her data and the VRM and claim number AND the MCOL password on the right. 

fisherjim

Concentrate on fighting the claim forget about trying to sue the HA for "withholding information on parking elsewhere" you will be wasting your time.

tryion

Coupon-mad said:

OMG don't pay anyone!

Sooooo easy!

We have a Template Defence and we will walk her through the stages until DCBLegal discontinue (= give up).  Don't let her be scared.

Please show a redacted pic of the claim form so we can see the £ and the Particulars of claim but COVER UP her data and the VRM and claim number AND the MCOL password on the right. 

Thanks
I had some emergency with my family had to fly abroad, but will be back home tmrw  I acknowledged the form yesterday. And will start sending the forms as instructed  on the newbie thread. Then will update  here.

Here is a copy of the redacted claim form. Plz lmk if I forgot to erase anything.

Thank you all!

Coupon-mad

OK you've covered up the issue date and the claimant's name - please confirm those?

And how many PCN dates are given and what are those dates, do some include Lockdown?

KeithP

With the Coventry address poorly masked on the Claim Form, I suspect the Claimant is UK Parking Control Limited.

I am going to use the Issue Date of 14th August given us in the opening post.

You say "I acknowledged the form yesterday".
Are you saying that you filed an Acknowledgment of Service yesterday? 
If so, did you do so in the name of the named Defendant?
Everything must be done in the Defendant's name. You cannot take this over.

With a Claim Issue Date of 14th August, and having filed an Acknowledgment of Service in a timely manner, the named Defendant has until 4pm on Monday 18th September 2023 to file her Defence.

That's 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 at the second post in the NEWBIES thread.

Don't miss the deadline 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'.