By way of an update I have received an email from the charity copying me on an email trail with Smart Parking who confirm the parking charge notice is now cancelled. After all that damned stress and worry its all over by virtue of an email. I am grateful but annoyed at the same time. Thank you for all of you guidance and information

Thanks for the feedback and have referenced similar in my correspondence with the charity, seems a bit hasty. I am waiting for an update from the charity to see if they have managed to squash this. If not I will have to go in a lot harder. Thanks again

I am hoping this version has all of the key reference numbers removed. I cannot see any other reference and PCN numbers that need to be removed. Thanks DRP - UPdated 2.pdf

Hi all Looking for some guidance with the following.... Arrived home from holiday to find a letter from Debt Recovery Plus advising that they are pursuing payment of £170 for a PCN apparently issued by Smart Parking Ltd. Smart Parking Ltd have been employed to manage the small car park outside of the charity shop we visit on a regular basis. This charity shop have installed a keypad in store to enter your car reg which I don't fall out with. However, the first we knew that we had incurred a PCN is when we received the letter from Debt Recovery Plus, advising that the PCN applied to a visit on the 11th June, the Debt Recovery Plus letter was issued on the 27th July. We have not received any letters from Smart Parking Ltd. I have written to the charity to ask them to intervene and support, the Deputy CEO is responding to each letter sent advising they 'will see what they can do' with no guarantees. I cannot get hold of Smart Parking Ltd other than having to listen to their automated messages or asking me to phone back when not as busy. How do I get Debt Recovery Plus off my back and nip this in the bud without incurring some form of CCJ which the letters are now threatening with todays letter headed ''TERMINAL NOTICE - PRE LEGAL ACTION' Any help appreciated.

Thank you to you and dx100uk for all of you help and guidance. I am sure you get this a lot, but today has been a good day. Thanks

Hi I submitted my defence on the 13th Feb and accepted on the 14th Feb (a Monday). Have just logged back onto MCOL and there are no updates from either the court or Drydens. Do I simply wait this one out? All of the dates for both Drydens and Capquest to provide the requested information have now expired. Thanks

Well, received acknowledgement and receipt of defence submitted. Gather it is standard for the court to inform the claimant and allow 28 days to respond. The letter also states if the claimant does not respond with the 28 days then the matter is stayed and they then have to apply to remove the stay? Be interesting to se if Drydens now get in touch. Again thanks for your help.

Thanks very much. On this basis I will submit this on MCOL today excluding points 3 and 8. I will now read and understand what happens once submitted. Thank you for all of your help, there must be dozens on here seeking similar support. I for one am extremely grateful for your guidance.

Haven't been to the dentist in a while Have made a couple of adjustments to the below, have beefed up point '9' with a reference to being CCA request and being unenforceable. Do I need to make any further adjustments before submission? Have a query reference my point 3, the letters and the POC reference an an 'agreement' under account number xxxxxx, therefore I don't believe point 3 is valid or is there a nuance that I am missing (ie seeking clarification)?? I have included a new point 8 referencing a letter declaring an extension, should I leave this in or remove? 1. The claim is for the sum of £4,608 in respect of monies owing by the defendant on a credit agreement held by the defendant with Sainsburys Bank PLC under account number xxxxx 2. A default notice was served upon the defendant and has not been complied with. 3. The balance owed was assigned from HBOS to the claimant, and the defendant has been notified of the assignment by letter. Contact drydensfairfax solicitors on 0113 823 3418 1. The Defendant contends that the particulars of claim are vague and generic in nature. The Defendant accordingly sets out its case below and relies on CPR r 16.5 (3) in relation to any particular allegation to which a specific response has not been made. 2. Paragraph 1 is noted. It is accepted I have in the past had agreements with Sainsburys Bank PLC. I do not recall the precise details or agreement nor the claimant either, having failed to provide an agreement within its particulars of claim and have therefore sought verification from the claimant. 3. Paragraph 2 is noted but until such time the claimant can clarify the agreement account number any breach has yet to be proven. 4. I am unaware of any legal assignment or Notice of Assignment allegedly served by either the Claimant or Sainsburys Bank PLC pursuant to the Law of Property Act 1925. 5. It is denied with regards to the Defendant owing any monies to the Claimant. The Claimant has failed to provide any evidence of the Agreement/Assignment/Default notice or Termination requested by CPR 31. 14. Therefore, the Claimant is put to strict proof to: a) show how the Defendant has entered into an agreement; and b) show how the Defendant has reached the amount claimed for; and c) Show or evidence a Default Notice / Notice of Sums in Arrears, d) show how the Claimant has the legal right, either under statute or equity to issue a claim 6. As per Civil Procedure Rule 16.5(4), it is expected that the Claimant prove the allegation that the money is owed. 7. On the 24th of January 2022 I requested to The Claimants Solicitors, Drydensfairfax by way of a CPR 31.14 copies of the documents referred to within the Claimants particulars to establish what the claim is for. Drydensfairfax have failed to fulfil my CPR 31:14 request. 8. The Defendant received a letter dated 31st January 2022 from The Claimants Solicitors, Drydensfairfax adviseing in accordance with CPR 15.5 and upon receipt of the documents they would agree to a further 28 day extension in order to file my defence 9. On the 24th of January 2022 I made a section 78 legal request to the claimant for a copy of the Consumer Credit Agreement. The Claimant as of 14th February 2022 has failed to comply with s78 (1) Consumer Credit Act 1974 and by virtue of s78 (6) Consumer Credit Act 1974 cannot enforce the agreement. 10. By reason of the facts and matters set out above, it is denied that the Claimant is entitled to the relief claimed or any relief.

Hi Andy - thanks for your reply, sorry missed it a little earlier as reading. I really didn't want to given Drydens any leeway whatsoever and was following the court timeline. I was checking MCOL every day up to this point to see if anything had changed, nothing had so sticking to the dates logged in my diary. All very damned nerve racking if you ask me. The whole idea is terrifying.

Hi - I had copied and pasted quite a few defence responses into a word document and have drafted the below. I have also uploaded the POC so you can review against the below. I have found a letter LOC from Drydens advising PAP in the first sentence. Not sure if this has any bearing on the below defence draft? Thanks Outside of this my only concern is that this is my wifes debt and she would not be able to manage any court appearance without significant support. Her memory isn't great due to medication and prior treatment and don't know how to approach this aspect. I have previously declared my wifes medical situation to both Drydens in writing. Defence 1. The Defendant contends that the particulars of claim are vague and generic in nature. The Defendant accordingly sets out its case below and relies on CPR r 16.5 (3) in relation to any particular allegation to which a specific response has not been made. 2. Paragraph 1 is noted. It is accepted I have in the past had agreements with Sainsburys Bank PLC. I do not recall the precise details or agreement nor the claimant either, having failed to provide an agreement within its particulars of claim and have therefore sought verification from the claimant. 3. Paragraph 2 is noted but until such time the claimant can clarify the agreement account number any breach has yet to be proven. 4. I am unaware of any legal assignment or Notice of Assignment allegedly served by either the Claimant or Sainsburys Bank PLC pursuant to the Law of Property Act 1925. 5. It is denied with regards to the Defendant owing any monies to the Claimant. The Claimant has failed to provide any evidence of the Agreement/Assignment/Default notice or Termination requested by CPR 31. 14. Therefore, the Claimant is put to strict proof to: a) show how the Defendant has entered into an agreement ; and b) show how the Defendant has reached the amount claimed for; and c) Show or evidence a Default Notice /Notice of Sums in Arrears, d) show how the Claimant has the legal right, either under statute or equity to issue a claim; 6. As per Civil Procedure Rule 16.5(4), it is expected that the Claimant prove the allegation that the money is owed. 7. On the 24th of January 2022 I requested to The Claimants Solicitors, Drydensfairfax by way of a CPR 31.14 copies of the documents referred to within the Claimants particulars to establish what the claim is for. Drydensfairfax have failed to fulfil my CPR 31:14 request. 8. On the 24th of January 2022 I made a section 78 legal request to the claimant for a copy of the Consumer Credit Agreement. The claimant has as of 14/02/22 failed to comply. 9. By reason of the facts and matters set out above, it is denied that the Claimant is entitled to the relief claimed or any relief. Claim Form.pdf

Okay thanks. I will draft my defence now using information from other similar threads and upload onto MCOL.

Hi dx100uk, There are 3 parts to my update 1) I have received a letter from Drydens Solicitors in response to the CPR 31.14 request, the letter advises the following; acknowledgement of the CPR 31.14 request 'We confirm that upon receipt of the documents we agree to a further 28 day extension in accordance with CPR 15.5 in order to file your Defence. Question - The original date for submitting the Defence is tomorrow 14th Feb 2022, the above is advising a an extension. Should I still submit my defence on MCOL by the 14th Feb deadline as I can post this today if needed? 2) I have also received a letter from Capquest advising of additional default sums on this same account, the costs relate to the court costs (although letter doesn't not stipulate this) applied to the account advising costs applied on the 12th January and became due on the 12th January? The costs are £205 and £80. They are also advising that the above sums are payable under the same agreement Question - What should I do about this particular letter? 3) In relation to the CCA request a company by the name of Arrow (letter sent to Capquest) have returned my £1 postal order advising they no longer charge a fee for this also stating they will respond to the letter as soon as they can. Question - should I do anything with this? Appreciate any guidance on the above. Kind Regards

AOS - Done CCA letter ready to send in the morning CPR letter ready to send in the morning Thank you once again

Thank you so much this far. I understand I need to get cracking and fire off a few letters to gather information, but beyond waiting for responses what will my defence be if I haven’t received any replies or is that my defence? thank you