CP Plus Ltd Groupnexus CLAIM - STATUS: QUESTIONAIRRE SENT

PeterParkingParker

Hi guys, 

So apparently in 2022... I overstayed in MOTO Services Exeter. Over the years I have always ignored any unreasonable demands for money from parking firms and have never had any issues however this time I have received a Claim Form.

I have no idea the details of this event being so long ago. 

UPDATES:

Claim form issue Date: 12th Jan 2024.

AOS submitted: 20th Jan 2024 05:20.

DEFENCE submitted: 5th Feb 2024 02:51 (Acknowledgement email RECEIVED. 

N180 Form sent via email: 30th Mar 2024 06:14

Many thanks in advance for replies, and for everyone's hard work on this forum, it really is a great resource and great help to many people by the looks of it! And a great pain in the !!!!!! for these firms lol.

troublemaker22

That reads like a guilty plea rather than a defence. Please show us the particulars of claim because there may be a smarter approach available to you based on the case the Claimant is making against you rather than submitting your own case against you. 

Depending on how defective the particulars of claim are, a SAR may be a really bad idea. You don’t want any information from the Claimant that fills in gaps in their defective particulars of claim. 

fisherjim

Oh dear that is awful from start to finish, for a start it isn't a fine, let alone a "heavy" one!

Most of it is irrelevant waffle about your journey, and how would anyone know but you who was driving?

You state you knew nothing about the 2 hour time limit but also say are a regular user.

You state you have done nothing wrong but they will say there are signs all over the site including the entrance stating the time limit and the fact you can pay to extend your stay, indeed there is a 5' square sign at the entrance (whether makes a contract is debatable).

That is all handing it to them on a plate IMHO.

But before trying to debunk all that you need to consider their POC, and troublemaker22 is the ideal person to advise on this believe me, follow the above advice.

Coupon-mad

Please show us the particulars of claim* 

*cover the numberplate

Umkomaas

Edited the draft defence paragraph 2 to admit to being the driver

If the CP Plus Notice to Keeper (the first letter notifying you of the parking charge) was not PoFA compliant, as is possible back in 2022, then admitting being the driver is an own goal. 

But, if you play the long game on this, it's not likely to get as far as a court hearing, but you do have to jump through all the hoops along the way. I assume DCB Legal are involved here, if so read the following thread:

https://forums.moneysavingexpert.com/discussion/6377263/dcb-legal-record-of-private-parking-court-claim-discontinuations/p1

KeithP

PeterParkingParker said:

I have received a Claim Form.
Claim form issue Date: 12th Jan 2024.
AOS submitted: 20th Jan 2024.

With a Claim Issue Date of 12th January, and having filed an Acknowledgment of Service in a timely manner, you have until 4pm on Wednesday 14th 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'.

PeterParkingParker

Hi Guys,

Thanks so much for your replies so far, so glad I posted this thread lol turns out I'm clueless! (not particularly shocking for me)

So here's the claim form, hopefully it is ok to post this, I've blocked out what I thought necessary to hide.

Also apologies for late replies, I'm currently on night shift so been sleeping through the day.

Coupon-mad

OK so that POC does state the alleged breach.  

So you use the Template Defence 'as is' adding your facts as para 3.  Show us your additions (not the template pleease!).

PeterParkingParker

OK thank you, my previous attempt was reviewed as being pretty terrible, can somebody please give me a hint as to how I should approach my paragraph 3? What exactly do I say if I don't want it to sounds like a guilty plea? And am I admitting to being the driver or no?

@fisherjim hope you don't mind elaborating on your points a little for me please? 🙏

PeterParkingParker

OK so this is my new para 3, I cut out the things mentioned. is this enough?

The defendant does not remember the particular details of a time they used this services back in 2022. The defendant says that any time spent parked here would have been a legitimate visit to purchase lunch and use the facilities between long journeys form their workplace (at that time) in Bristol and seeing family in Cornwall, and that, had they been aware of a two hour limit on free parking, they would have left in a timely manner.

Apologies if this is still rubbish, I'm not really sure what else to put. I've stated the vehicle was there for using the services, but as mentioned, I don't remember and sadly I can't find any proof of purchases but I may have used cash or had someone with me who paid, (or also could have drove) I don't know. I would have been there though.

@troublemaker22  considering the POC above, is it still deemed unwise to request a SAR?

Coupon-mad

Remove this:

"and that, had they been aware of a two hour limit on free parking, they would have left in a timely manner".