Claim Form received from CP Plus Group Nexus & DCB Legal

NorthofEngland99

Dear all,

I received a parking charge from CP Plus Group Nexus in 2021 for overstaying at a motorway services, by 20 minutes, which I didn’t realise at the time.

I received the private parking charge notification but wrongly assumed the advice was still to ignore this type of correspondence or it was just a scam, but I now understand that since 2012 the advice has now changed, and I followed the wrong course of action by ignoring these notifications.

I am now becoming re-educated about this matter !

I have now completed a SAR request with CP Plus Group Nexus and received the pdfs 3 back from them, the original PCN and 2 reminders

I have received a claim form (N1SDT claim form) for CP Plus T/A Group Nexus DCB Legal Ltd.

I have read through the advice given here and I have followed the document listed in the drop box link.

So, I have completed the MCOL process to acknowledge the claim and I have also stated that I intend to defend this entire claim, so that now gives me just under 30 days to respond with my defence.

Apologies If I’m asking the obvious but just wanted to confirm please this is the defence template I need to complete?

I’ve also asked a question about editing paragraph 3 in that paragraph section of the template.

Apologies if I’m asking a daft question but I’m sometimes cranially challenged by the obvious 😊

Thank you in advance for your assistance it is greatly appreciated.

 IN THE COUNTY COURT

Claim No.:  xxxxxx

Between

Full name of parking firm Ltd, not the solicitor!

(Claimant) 

- and -  

Defendant named on claim (can’t be changed to driver now)                        

 (Defendant)

_________________

DEFENCE

 

1.  The Defendant denies that the Claimant is entitled to relief in the sum claimed, or at all.  It is denied that any conduct by the driver was in breach of any term.  Further, it is denied that this Claimant (understood to have a bare licence as agents) has standing to sue or form contracts in their own name. Liability is denied, whether or not the Claimant is claiming 'keeper liability', which is unclear from the boilerplate text in the Particulars of Claim ('the POC').

The facts known to the Defendant:

2. The facts in this defence come from the Defendant's own knowledge and honest belief.  Conversely, the Claimant sets out a cut-and-paste incoherent and sparse statement of case. The POC appear to be in breach of CPR 16.4, 16PD3 and 16PD7, and fail to "state all facts necessary for the purpose of formulating a complete cause of action". The Defendant is unable, on the basis of the POC, to understand with certainty what case, allegation(s) and what heads of cost are being pursued, making it difficult to respond. However, the vehicle is recognised and it is admitted that the Defendant was the registered keeper and driver.

^EDIT THIS PARAGRAPH If you were driving, add 'and driver' after the word 'keeper'.

OR if the Defendant doesn't know who was driving, say that.

OR deny being the driver if you weren't: ONLY IF TRUE!

3. [EXPLAIN IN YOUR OWN WORDS...NB: defences are written in the THIRD person as 'the Defendant', not 'I did this' nor 'my/me']. 

Say why the car was there - if you know - but don't answer to details that are not stated in the PARTICULARS OF CLAIM. If you didn't get any letters or it was years ago & you can't recall if you were driving, say that.  ONLY IF TRUE.
Most claims do not even state the alleged breach. If yours doesn't state what the breach was, add the paragraphs and judgments seen in the defence by @hharry100  here:

https://forums.moneysavingexpert.com/discussion/comment/80343627/#Comment_80343627

and change the paragraph numbering.

If this was a residential site where the driver lives/was a permitted visitor, statethose parking rights.

Older residential defence examples are in the NEWBIES thread.  CRIB SOME PARAGRAPHS BUT USE THIS TEMPLATE AS YOUR BASE.

We recommend you continue with this wording  (yes, all of it. Paragraphs suitably re-numbered to allow for the above).

So here in paragraph 2 & 3. I delete all of the above text and I explain my defence.

My claim form does state that I’m indebted to the claimant for a parking charge.

But I’m unsure if & why I need to change the paragraph numbering if that is indeed necessary ? could you explain please ? apologies for not understanding this aspect.

I copy and paste exactly as stated for all paragraphs, which I understand.

KeithP

Hello and welcome.

What is the Issue Date on your Claim Form?

Upon what date did you file an Acknowledgment of Service?
Your MCOL Claim History will have the definitive answer to that.

It would help greatly if you can show us the Particulars of Claim from your Claim Form.
If showing us a picture, please take care to remove your personal information - e.g. reg.no., password, claim number.

Debszzzz2

Was the NtK PoFA compliant? Are you sure they can hold you liable as the keeper. Unless you told them you were the driver, they have no idea who that is. The keeper and the driver are two separate entities in these cases and no assumptions can be made.

NorthofEngland99

Thank you both for the replies they are very much appreciated
Issue date=5/2/2024  acknowledgement date=10/5/2024
I believe this is the relevant information ?

KeithP

NorthofEngland99 said:

Thank you both for the replies they are very much appreciated
Issue date=5/2/2024  acknowledgement date=10/5/2024

I am struggling with those dates.
The Issue Date is OK - I'm assuming 5th February 2024 -  but please explain the other date?

NorthofEngland99

Apologies I can see why acknowledgement date=10/2/2024

Fruitcake

The PoC are woefully inadequate because they do not specify a cause of action. You therefore need to include CEL v Chan case and transcript, linked from the template defence sticky Announcement.

MET Parking taking me to court N1 received Help! - Page 4 — MoneySavingExpert Forum

Debszzzz2

Can you show us the NtK suitably redacted but leave all dates visible.

Apart from failing to comply with Civil Procedure Rule 16.4(1)(e) and Practice Direction Part 16.7.5, they have not stated under which capacity they are suing you. They can only pursue you as the keeper if they issued you an NtK that complies with PoFA. They can only pursue you as the driver if you have admitted to being the driver.

Which is it?

KeithP

With a Claim Issue Date of 5th February, you have until Monday 26th February to file an Acknowledgment of Service but there is nothing to be gained by delaying it. 

To file an Acknowledgment of Service, follow the guidance in the Dropbox file linked from the second post in the NEWBIES thread.

Having filed an Acknowledgment of Service in a timely manner, you have until 4pm on Monday 11th March 2024 to file your Defence.

That's four 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 again at the second post on the NEWBIES thread - immediately following where you found the Acknowledgment of Service guidance.

Don't miss the deadline for filing an Acknowledgment of Service, nor that 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'.

NorthofEngland99

KeithP said:

With a Claim Issue Date of 5th February, you have until Monday 26th February to file an Acknowledgment of Service but there is nothing to be gained by delaying it. 

To file an Acknowledgment of Service, follow the guidance in the Dropbox file linked from the second post in the NEWBIES thread.

Having filed an Acknowledgment of Service in a timely manner, you have until 4pm on Monday 11th March 2024 to file your Defence.

That's four 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 again at the second post on the NEWBIES thread - immediately following where you found the Acknowledgment of Service guidance.

Don't miss the deadline for filing an Acknowledgment of Service, nor that 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'.

Hi, so I completed the acknowledgement to service on the 10/2/2024 using the drop box information from the 2nd post
Below is the original PCN/NTK with all of personal information redacted
 link.

Coupon-mad

Debszzzz2 said:

Was the NtK PoFA compliant? Are you sure they can hold you liable as the keeper. Unless you told them you were the driver, they have no idea who that is. 

It wasn't, so they can't!  Unless the OP appealed and said who was driving.  

Therefore, the Defendant should not admit to driving and should state under the Chan transcript images, something like this as suggested by @troublemaker22

https://forums.moneysavingexpert.com/discussion/comment/80567253/#Comment_80567253