CP PLUS LTD T/A GROUPNEXUS - DCB Legal PCN - Claim Form

Moonington

Hi All,

I have received a claim form, filed AOS over a week ago and have until 02/01/24 to submit defence (hoping to get that submitted tomorrow).

I will acknowledge I am the registered keeper but unsure of who was driving.

I have photographs and video showing no signage on entrance/exit by vehicle or on foot.

I'm unfamiliar with PCN's but on the photographic evidence they have of supposedly my vehicle entering and leaving the car park, the leaving image is all pixelated and the rear number plate is all black.

Is this normal practice to have the rear plate blacked out or is this due to faulty equipment?

Thanks

Fruitcake

Please tell us the issue date of the claim form and the date the AoS was completed. Hopefully our expert @KeithP will be along to check your working out.
Please show us the particulars of claim. Make sure you redact all personal data including claim number, gateway password, name, address, and VRM.

Was the NTK PoFA compliant?

Where did the alleged event occur? It may have cropped up here before.

What happened when the keeper complained to the landowner and the keeper's MP? That is always Plan A, and it is never too late to do it.

Please show us your amendments to the defence template, but only the parts you have changed.

Have you checked the GN portal to see if there are any other images of the keeper's vehicle showing clear views of the VRM? ANPR images are generally shoddy.

Moonington

Hi Fruitcake,

Claim was issued  29/11/2023

Acknowledgment of service was submitted on 12/12/2023

Acknowledgment of service was received on 13/12/2023 

Not sure if NTK was PoFA compliant.  I only received what I believe was the 2nd NTK as I didn't receive one within 14 days.

Keeper has not complained to land owner or MP yet.

I haven't yet completed defence template but I will post on here when I do.

Unsure what the GN portal is - will find out.

I've read the newbies post and various threads to try and familiarise myself with this whole process and examples of  what others have done.

Thanks

Moonington

This relates to a free car park overstay. (3hrs max)

Coupon-mad

Use the hharry version linked in the Template Defence thread.

Fruitcake

Wholly inadequate PoC because the defendant has no idea what term or condition the driver is alleged to have breached.

Fruitcake

You need to get your own time and date stamped photos of the site and signage. You should specifically get photos in the ASDA and McDonalds car parks because they have/had different PPCs infesting them.
ASDA normally use ParkingEye, and it looks like PE signs in the Google Streetview images from last year, and McD's shows UKPC signs his year. 

You need to put doubt into the judge's mind where the alleged event actually occurred, and you need to point out that the NTK does not state the relevant land, just a vague comment about it being at Castle Dene that encompasses ASDA and McD's.

KeithP

Moonington said:

I have received a claim form, filed AOS over a week ago and have until 02/01/24 to submit defence.

Moonington said:

Claim was issued  29/11/2023
Acknowledgment of service was submitted on 12/12/2023
Acknowledgment of service was received on 13/12/2023

Yes you are right with your Defence filing deadline but there might be something useful here...

With a Claim Issue Date of 29th November, and having filed an Acknowledgment of Service in a timely manner, you have until 4pm on Tuesday 2nd January 2024 to file your Defence.

That's just a few days away but plenty of time to produce a Defence.

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'.

Moonington

I have emailed MP and land owner.

Moonington

Fruitcake said:

You need to get your own time and date stamped photos of the site and signage. You should specifically get photos in the ASDA and McDonalds car parks because they have/had different PPCs infesting them.
ASDA normally use ParkingEye, and it looks like OE signs in the Google Streetview images from last year, and McD's shows UKPC signs his year. 

You need to put doubt into the judge's mind where the alleged event actually occurred, and you need to point out that the NTK does not date the relevant land, just a vague comment about it being at Castle Dene that encompasses ASDA and McD's.

Thanks, I think Surtees lower car park identifies which car park it was.
I have taken photos of the car park the vehicle was in, as identified by the ANPR pics.  This clearly shows inadequate signage which I think contravenes the BPA COP 19.2.

Fruitcake

The McD's car park is on the lower level and is nearer/next to Surtees Road, so I would at least include that point.