Capital car park / DCB Legal Claim form - Parking at Business Leased space

Brightlinks

Hello Members

I received claim form without LBC stage from DCB Legal.

Claim is for not displaying permit at car park where we have a business lease.

My husband appealed to Capital car park and after that POPLA at own car leased space.

Both rejected so raised with Landlord about the nuisance of Capital Car Park they terminated their contract but their agent do come and take pictures of car without permit.

My husband appealed so letters were going at business address for debt recovery, Today Claim form appeared in the post. I am the keeper of the vehicle. See below-

I had a recent win against galdstone on basis of failed POC - Chan case.

NO LBC letter received, what will be the next course of action ? I believe this is the same - Failed POC.

Castle

1) Is the defendant an individual or a company?
2) Do you have photos of the parking signs?

KeithP

With a Claim Issue Date of 18th October, you have until Wednesday 6th November to file an Acknowledgment of Service.  Do not file an Acknowledgment of Service before 23rd October, but otherwise 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 Wednesday 20th November 2024 to file a Defence.

That's over 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'.

Brightlinks

Castle said:

1) Is the defendant an individual or a company?
2) Do you have photos of the parking signs?

Defendant is Individual
yes 

Castle

The reason I asked about the photos is that Capital Car Park Control Ltd did not start up in business until 24th August 2020; just 7 days before the first PCN was issued. Therefore, I suspect that the signs won't be in the name of the limited company.

You may also want to check with DVLA and find out who exactly requested your personal details.

Brightlinks

How to dealt without LBC ?

Brightlinks

Castle said:

The reason I asked about the photos is that Capital Car Park Control Ltd did not start up in business until 24th August 2020; just 7 days before the first PCN was issued. Therefore, I suspect that the signs won't be in the name of the limited company.

You may also want to check with DVLA and find out who exactly requested your personal details.

one of our neighbor won the case on same basis company was not formed at issue date.

Ours showing 31/08/2020 and 06/10/2020 - currently old signs removed by the landlords. just saw below -

Registered office address

Unit F8, Addington Business Centre 24 Vulcan Way, New Addington, Croydon, England, CR0 9UG

Company status

Active

Company type

Private limited Company

Incorporated on

24 August 2020

Accounts overdue

Next accounts made up to 31 August 2023
due by 31 August 2024

Last accounts made up to 31 August 2022

Confirmation statement

Next statement date 23 August 2025
due by 6 September 2025

Last statement dated 23 August 2024

Brightlinks

Brightlinks said:

Castle said:

1) Is the defendant an individual or a company?
2) Do you have photos of the parking signs?

Defendant is Individual
yes 

found images from the appeal I made.

Castle

Thanks for the photos; which, confirms that the "contract" is being offered by a Sole Trader not the limited company.

Brightlinks

Castle said:

Thanks for the photos; which, confirms that the "contract" is being offered by a Sole Trader not the limited company.

What should be the next action ? also not received LBC ?

Just attend the hearing and win the case based on Failed POC.

KeithP

Brightlinks said:
What should be the next action ?

Didn't my earlier post address that?