Claim form defence - Help!

Pin3apples

Hey Guys, 

I have received a Claim Form from Parkmaven Limited / DCB legal. 

I was a genuine customer going to shop, I drove into the car park and went shopping, as far as I remember the barriers were up and as this place used to have pay and display I thought it was probably free for this day. 

tbh it was just before my wedding and my head was all over the place, i really can't remember any information about the car park.

So I ended up getting a surprise through the post and was told to ignore the PCN from someone (yes that was the wrong advice as they probably haven’t gotten a ticket after 2012). So the surprise for me was that this car park now has ANPR.

What can I do now and what are my grounds for defence. 

I’ve seen on google maps the entrance to the car park there is a small sign on the right, its really small and no one would even notice as they are driving straight.

I submitted my AOS last week after 8 days and before 14 days. 

I am now going to prepare my defence with the help of many guys on this forum and submit before the 28 days period and will defiantly not leave it to last minute.

I also wanted to know If i should still send an email requesting SAR.

Special thanks all the guys that are actively helping to stomp these guys down!

Thanks to the Newbies thread I was able to get this far!

I have attached my redacted version of the Claim form

Any help would be hugely appreciated!

KeithP

Hello and welcome.

With a Claim Issue Date of 4th January, and having filed an Acknowledgment of Service in a timely manner, you have until 4pm on Tuesday 6th February 2024 to file your Defence.

That's over two 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'.

Do not send a Subject Access Request until well after your Defence filing deadline. The information returned will be more use at Witness Statement and evidence filing time anyway.

Le_Kirk

If the barriers were up, then "the man on the Clapham omnibus*" could assume it was free that day.  Were there any signs advising motorists that the system had changed?

*any ordinary and reasonable person

Coupon-mad

Please show us both sides of the Parkmaven NTK and tell us if you ever appealed it?

Pin3apples

Coupon-mad said:

Please show us both sides of the Parkmaven NTK and tell us if you ever appealed it?

The NTK arrived at my old address, I did not appeal as it had passed the deadline for appeal once I got my hands on the letter. 

Coupon-mad

Pin3apples said:

Coupon-mad said:

Please show us both sides of the Parkmaven NTK and tell us if you ever appealed it?

The NTK arrived at my old address, I did not appeal as it had passed the deadline for appeal once I got my hands on the letter. 

Ok I've redacted the image a bit more and can see that is a POFA-worded NTK, capable of holding a keeper liable even if an old address was used, and even if the keeper wasn't driving.

So, use the Template Defence and admit to driving in para 2.

State in your facts (not just putting 'D' of course):

3.  The D was a genuine patron of the xxxxx store and had no information to suggest that any new terms & conditions existed for customers to have to jump through hoops to somehow claim a 'session' (free or paid) when parking there to shop.  Any breach of clear (or hidden) terms is denied. It is unclear what 'no valid parking session' - the vague allegation in the POC - actually means and no image of the alleged signs and/or payment machines and/or VRM keypad terminal or kiosk was ever furnished at pre-action stage or otherwise.  The D has never seen the alleged contract.

4.  The PCN was not served because the C used an old address and failed to re-serve the PCN when a new address was traced. The D recalls the car park looked free, there were no obvious signs and the barrier (that used to be there on previous visits) was up/gone.  The D drove in oblivious to any terms and has never heard of this Claimant firm, let alone agreed a contract with them. If the terms and rules had changed then the signs and lines certainly failed the statutory test of prominence and clarity of 'consumer notices' as defined in the Consumer Rights Act 2015.

Pin3apples

Thanks so much! very much appreciated, i'll edit my redacted version of the NTK when i get editing privileges and work on the defence.

When would be the ideal time frame to request a SAR, when i receive the Questionnaire?

Also I've seen statements about the additional fees (£179.960 from £100) in previous threads, could i also add that to my defence or is it not needed?

Coupon-mad

You aren't sending a SAR.  That is old advice.

Read the Template Defence and you will see of course that it batters to death the point about false added fees!.

Le_Kirk

Pin3apples said:

When would be the ideal time frame to request a SAR, when i receive the Questionnaire?
Also I've seen statements about the additional fees (£179.960 £170 from £100) in previous threads, could i also add that to my defence or is it not needed?

Do you think there is anything, letters for example, that the PPC has sent you that you did not receive and might help your case? If so, submit the SAR after filing your defence so that you will likely receive your data before you need to submit a witness statement.  The addition of debt admin fees is covered in the template defence at paras 6, 7 & 8.

Pin3apples

Thanks for all the help so far!

Pin3apples

I also ticked that i intend to contest jurisdiction.