Multiple PCN's from National Parking Control, in a Hire Car

Coupon-mad

susie1979 said:

Hi I've just got a debt recovery letter about parking at Myrtle St car park for 13 minutes on NYE. I rang tesco customer service and they are not the landowner. The landowner is in fact Liverpool Edge (Myrtle St) Ltd, Seymour Chambers, 92 London Road, Liverpool, L3 5MU. Like you, I've parked there for years whilst nipping in to Tesco, and was unaware of any changes. No original parking notice was sent, and it seems this is common for UKPC. I tried to start an appeal on POPLA, but my parking charge notice number has expired. So it seems like this is a tactic to get people to panic and pay. Anyway, just thought I would add this info in case it is useful.

You mean your POPLA Code expired as it's over 33 days old? You won't be paying though!

StJohn81

susie1979 said:

Hi I've just got a debt recovery letter about parking at Myrtle St car park for 13 minutes on NYE. I rang tesco customer service and they are not the landowner. The landowner is in fact Liverpool Edge (Myrtle St) Ltd, Seymour Chambers, 92 London Road, Liverpool, L3 5MU. Like you, I've parked there for years whilst nipping in to Tesco, and was unaware of any changes. No original parking notice was sent, and it seems this is common for UKPC. I tried to start an appeal on POPLA, but my parking charge notice number has expired. So it seems like this is a tactic to get people to panic and pay. Anyway, just thought I would add this info in case it is useful.

Thanks for this message, I've only just seen it because I havent logged in for a while. Hope you make progress with this!

StJohn81

Ok so now, after submitting all the appeals as mentioned above. I have received a letter dating 14th March from DCBL saying 'NOTICE OF DEBT RECOVERY - Multiple Unpaid Parking Charges - £510.00'

It references the 3 unpaid charges, asks for immediate payment, gives QR code and telephone number.

It informs me about 'Supreme Court Decision about parking charges' saying in 2015 they decided it was lawful to pursue payment.

It says at this point I am no longer able to appeal, even though I have submitted the appeals! And the next opportunity I have to dispute is if it goes to court.

It gives me 14 days to make payment.

What is the course of action here?

Thanks!

Coupon-mad

Nothing. Did you miss the picture of that letter in the 4th post of the NEWBIES thread?

StJohn81

Coupon-mad said:

Nothing. Did you miss the picture of that letter in the 4th post of the NEWBIES thread?

Probably didn't miss it but don't have a photographic memory unfortunately! I've consumed so much information from this site but don't remember it all and the last I was on here was 2/3 months ago when I done the appeals. I'm guessing that'll be the same for most folk too. It's best for me I think to provide updates on here as they come and I appreciate the guidance that comes back. So for now I'll take and do 'nothing' (apart from look over the newbies info again)

StJohn81

Hi

I've left this case alone until recently found out after being refused on credit that I have a CCJ, which I've paid to view the details of.
It was served on 9th August but I had since moved address (June).

I've already emailed DCB Legal saying I've only just become aware of the judgment, on 10th Dec
I asked for all correspondence, evidence of posting, photo evidence etc.

I've followed up last week with another email entitled 'Final Notice', as I haven't received a reply. I've made them aware I moved in June, and that they served the claim to that address in August, and was deprived of the opportunity to defend, and that I need them to set aside

Content of my email is that I have not had fair notice, it constitutes improper service and engages CPR 13.2 (mandatory set aside).

So now I'm making an N244 application, is this the correct course of action?
Apparently I have to pay £303 up front and ask to ne reimbursed, but this gets the CCJ removed?

Any help with clarifying the correctness of actions so far, plus my next ones, would be great, thanks

kryten3000

That's pretty much it but you should get your £313 back because DCB Legal did not do any due diligence before issuing the claim to your old address.  It's a pity you didn't tell them you had moved, but should not be a problem.

The binding Court of Appeal judgment in VCS v Carr is your main weapon.  

More detail can be found in the Newbies thread. 

StJohn81

Thanks @kryten3000 and @Coupon-mad

I've cobbled together various advice - info in the Newbies section and the numerous threads can overwhelm aka 'burn my head out' - but here is my Draft Order thus far, if anyone can give this the ok: 

Bear in mind this was a hire car, and I've followed guidance for that (hopefully)!

DRAFT ORDER

IT IS ORDERED THAT:

1. The default judgment dated xxxxxxxxx be set aside.

2. The Claimant shall pay the Defendant’s application fee of £303 within 14 days of service of this order.

3. Enforcement of the judgment is stayed pending the determination of this application.

4. The Claimant shall, if it intends to proceed, file and serve amended particulars of claim within 14 days of this order.

5. The Defendant shall file and serve a defence within 14 days thereafter.

Mt Witness statement:

IN THE COUNTY COURT

Claim No: XXXXXXXX

BETWEEN:

National Parking Control Group Limited

Claimant

-and-

XXXXXXXXXX

Defendant

 

WITNESS STATEMENT OF XXXXXXXXX

1.    I am the Defendant in this matter. I make this witness statement in support of my application to set aside the default judgment dated XXXXXXXXX

2.    At the time the claim was issued and served, the Claimant sent all correspondence to XXXXXXXXXXXXX, an address I vacated on XXXXX 2025.

3.    I did not receive the claim form, particulars of claim, or any prior correspondence relating to court proceedings and was therefore denied the opportunity to defend the claim.

4.    I first became aware of the County Court Judgment when checking my credit file. I acted promptly by contacting the Civil National Business Centre and the Claimant’s solicitor immediately thereafter.

5.    Had I received the claim, I would have defended it. The vehicle was a hire car, liability as keeper is denied, and the Claimant is put to strict proof of compliance with the Protection of Freedoms Act 2012.

6.    Further, I rely upon the binding Court of Appeal authority in Vehicle Control Services Ltd v Carr [2024] EWCA Civ 128. The Court confirmed that where a claimant knows or ought reasonably to know that an address may no longer be current, it must take reasonable steps to ascertain the defendant’s correct address before issuing proceedings. The Claimant failed to do so in this case, instead serving the claim at an address I had vacated. Accordingly, service was defective and the default judgment must be set aside pursuant to CPR 13.2.

7.    I respectfully submit that the judgment must be set aside pursuant to CPR 13.2 as the claim was not properly served, alternatively CPR 13.3.

Thanks all for your  help

Le_Kirk

Please note it is £313 now.

StJohn81

Also, followed on from my last comment...
I've got conflicting advice for question 10

10. What information will you be relying on, in support of your application?

the attached witness statement
the statement of case
the evidence set out in the box below

Currently going only with witness statement.

Any thoughts?