Hi think I’ve messed up

I’ve had to move house again

everything got on top of me 

I’ll be honest I completely forgot about this with all the stress of finding a new place.

I’ve got my new place now I’m currently moving today.

The notice of proposed allocation letter has come and said I’ve got until the 22nd (today) to send the DQ back to them and other parties.

got this I think on the 15th of March.

I’ve just been so busy with finding a new place I’ve forgot about it all until I found the letter when packing up all my stuff  

can I email it to them and just post it to the other parties or does it all have to be posted?

And what do I do about telling them my new address.

Or is it pointless now I’m going to miss the deadline 

Hi 

Sorry it’s took so long to reply had a busy first week back in work.

I did the AOS on the 11/01/2024, will that affect the date I need to file the defence?

Also I can’t find the original PCN I’m struggling to answer most of the questions on the sticky I’ve been asked to fill out. 

Which Court have you received the claim from ? Civil National Business Centre

Name of the Claimant : PARKING EYE LTD           

Claimants Solicitors: DCB LEGAL LTD

 Date of issue – (05 Jan 2024) 

Date for AOS - (23 Jan 2024)

Date to submit Defence - (06 Feb 2024) think that is right 

Particulars of Claim 

1. The Defendant (D) is indebted to the Claimant (C) for a Parking Charge(s) issued to vehicle 0000000 at Chalon Way West Retail Park, St Helens.

2. The PCN(s) were issued on 26/09/2022

3. The defendant is pursued as the driver of the vehicle for breach of the terms on the signs (the contract). Reason: Vehicle Remained On Private Property In Breach Of The Prominently Displayed Terms And Conditions.

4. In the alternative the defendant is pursued as the keeper pursuant to POFA 2012, Schedule 4.

AND THE CLAIMANT CLAIMS

1. £170 being the total of the PCN(s) and damages.

2. Interest at a rate of 8% per annum pursuant to s.69 of the County Courts Act 1984 from the date hereof at a daily rate of £.03 until judgment or sooner payment.

3. Costs and court fees

What is the value of the claim?

Amount Claimed: £187.48

court fees: £35.00 

legal rep fees: £50.00

Total Amount: £272.48

Have you moved since the issuance of the PCN? ( Yes - 06/02/2023

Did you receive a letter of Claim With A reply Pack wanting I&E etc about 1mth before the claimform? No

With what happened last time I got one of these things I wanted to make sure I do everything right. 

Thanks 

Andrew

claimform.pdf

Just checked my credit file the CCJ is already on there but due to how hard I was hit in the lockdown financially I’ve currently got 3 defaults. One in Nov 2021, Dec 2022 and August 2023 so my file is gone regardless of what I do with the CCJ by the looks of it. 

And there’s no way of extending the timeline before it hits my credit file? Because I’ll probably be able to get the money together by mid February. 
 

But if I can’t and it’s not going to be enforced due to the low amount what’s the point paying it?
 

Like I said before I got a default back in the lockdown so my file is knackered for another 4/5 years anyway so what’s another 1/2 years

Can I not write to the claimant and see if they’ll take a payment plan?
 

They might consider it since they know the CCJ isn’t going to be enforced and my credit rating isn’t the best for at least 4 years anyway.
 

Adding 2 years isn’t going to make much difference since everything at the minute is bad anyway so it’s not like I’ll be getting a mortgage with good credit for years anyway. 

Option 1: 

Couldn’t do if I wanted too because I’ve got Gas & Electric, Council Tax and Car insurance direct debits all coming out before the 19th so I don’t have anything disposable this month. 
 

Option 3 seems pointless because I’d need pretty much the same money I’m trying to save to do it so I think Option 2 is my best option as crap as it sounds. 

I’ve always used that email to file to the court and I’ve never had any problems.

The claims have either got back to me to set up mitigation or I’ve been sent a discontinued letter.

When did they change the email because I’ve only ever used that and never had any problems. 

I don’t have £300 spare to pay that I’d need time to pay it but I’d much rather have a fair chance to defend it.

I know now looking at the order that it has an updated email on it but how was I to know they changed it when the email I’ve had has worked for years. 

Surly they has to be something I can do to explain what’s happened because I wasn’t ignoring the claim or just not bothered about it. I did what I was meant to in the timescale and tried to fix it the day they sent me saying something was wrong. 
 

General Form of Judgement 

2023-09-04Order send DQ.pdf

I don’t understand why there isn’t anything that can be done.

I sent them the DQ on time with the court timescale.

I sent it again when I emailed them with the proof that I sent it.

I used ccmcce-filing@hmcts.gsi.gov.uk to file the DQ both times. 
 

Why can’t I just ring them up since I did everything I was meant to do in the time I was meant to do it in. 
 

The receipt for when I sent the DQ: 

Thank you for your email which has been received by the County Court Money Claims Centre

(CCMCC). This email is automatically generated;

please don't reply to this message.

Please retain this email as receipt that your email has been received.

Please refrain from submitting unnecessary duplicate documents by only using one method of either email, post or fax.

3 hours ago, dx100uk said:

you should have repeated the DQ as well...

I did, I sent them the DQ again when I emailed asking why I had received the General Form of Judgement. 

Hi Dx 

I updated my address when I filed the AOS and used my new address on the CPR 31.14 request.
 

I received the DQ from the court to my new address on 16 May and I sent it back on the 29 May using the email service and got a email back with a receipt saying it had been sent and received. 

The only other things I received from the court was the General form of Judgement on the 16/09/2023 and the Judgement of Claimant on the 27/12/2023. 

I don’t understand what the court have done

I gave them the DQ in May and got a receipt.

They said in September I hadn’t so I sent them proof they received it.

Didn’t hear anything until now and they're saying I’ve not replied to the claim at all when I sent AOS, Defence and the DQ. They have also changed the figures for the claim in the Judgement of claimant from 

Amount Claimed £177.44

Judgement for Claimant

To the Defendant

You have not replied to the claim form

It is therefore ordered that you must pay the claimant £188.06 for debt [and interest to date of judgment] and £110 for costs[less f which you have already paid]

You must pay the claimant a total of

£298.06 forthwith

£298.06

Dated

19-DEC-2023
 

Hi Dx 

The claim is from parking eye that I defended and got up to the direction questionnaire.

After I sent off the directions questionnaire on the 29 May 2023 I didn’t hear anything until the 16th September 2023 when I got a General form of Judgement or Order about me not sending my Directions Questionnaire. 

I Emailed back Ccmcce asking what’s happened since I did send it off and got an email receipt when I did with the time and date saying the directions questionnaire had been delivered on the 29 May 2023. 

CCMCCE didn’t get back to me and I didn’t hear anything until yesterday when I got the judgement for claimant.

I don’t know what’s happened to the General Form of Judgement or why CCMCCE is now saying on the Judgement of Claimant that I now didn’t even respond to the claim at all when I acknowledged and defended the claim and have all the responses from the MoneyClaim site that say I did. 
 

I’m sorry I didn’t come back here when I got the General form of Judgment I thought since I had the email from ccmcce saying I had sent the directions questionnaire. It would just be a simple mistake on there end. 
 

The Judgement of Claimant is dated the 19/12/2023 but I only got it in the post on the 27/12/2023 how long have I got to respond to set aside this since clearly the ccmcce has missed up big time on this claim

Hi 

Received a Judgment For Claimant in Default letter today dated the 19/12/2023
 

Ive not received anything about this claim before so I think they’ve sent the original claim form to an old address. 
 

Am I right in thinking I just need to ring the court to tell them I’ve not received anything so they can cancel the judgment and give me the ability to defend? 
 

any help would be much appreciated

Andrew 

No I’m not disputing that they were not all separate incidents, I’m saying it was an honest mistake because of bad advice from the council I was licensed with.

I’m going to call up on Monday and see if they might be nice or worst maybe give me a payment plan. Because for all I know there might be more coming.  I’ve only been made aware today that I wasn’t allowed to drive in them.

Worst case if I appeal they might be lenient when they understand the circumstances or maybe that’s just wishful thinking. Either way it can at least give me time to get the money together. 

4 for one bus lane and 1 was a different one. All at different times on the 22nd and 23rd of this month. Most at night but I wasn’t looking out for signage because I was under the impression I’m allowed to drive in them. One of them was in the day 

Should I not even try and Appeal? If anything to give me some time to get the money. It says on the pcn you can appeal and still pay the £35 even if they don’t agree. 

I’ve only had 5 pcn’s because I didn’t know I wasn’t allowed to drive in them even if I’m a private hire.

I’ve never had one when in a private vehicle because I knew I’m not allowed.

They all literally came this morning at once.

What I was getting at was if I had got the first sooner I would have stopped using them straight away with having the information corrected about if I’m allowed or not. 

I didn’t think there was a difference in who could drive in a bus lane. I see private hire and blackcaps drive in bus lanes all over and was told when I got my license I could drive in them. 
 

I’m assuming claiming ignorance and the idea it’s common knowledge that taxis can drive in a bus lane wouldn’t be a good defense in an Appeal? I would have obviously not accumulated so many if I had known that I’m not allowed to drive in them. But now I’ve been hit with 5 over a two day period. I’m hoping I could at least get rid of the ones after the first offense because I obviously wouldn’t have driven in them again if I had known. 
 

It says there £35 each if I pay within 21 days but that’s still £175.00 fee for doing something I was told when I got my license I could do. Obviously that information was wrong but surly it would be put down to an honest mistake. I’m not just some careless driver not caring about the rules I genuinely was under the assumption I could drive in them. 

Hi everyone 

I’ve only been a private hire driver for 5 weeks and I’ve today just had 5 pcn come for driving in a bus lane in Warrington. I only drove in the lane as I believed I was allowed too being a taxi. But after googling a bit it seems to be a gray area for private hire drivers. 
 

I am hoping to appeal because I’ve seen countless private hire drivers drive in bus lanes, was told when I got my license that I can. And don’t think it’s a fair outcome because I obviously wouldn’t have driven in them if I had known I couldn’t. 
 

Any advice would be much appreciated 

Thanks 

Andrew

I’ve sent the defence 

let’s see what happens now 

Thanks for the help I’ll keep here updated 

Andrew 

Hi thanks FTMDave 

Yes I’ve got the claim number and amount from moneyclaims site when I acknowledged the claim 

in the template do I put a bit in about sending the CPR 31.14 Request and with you asking about the amount claimed do I need to put that in the defence too? 

They’ve claimed on the moneyclaims site the following 

Amount Claimed £177.44

Hi everyone 

I received a claimform from ParkingEye at the end of Jan 2023.

I acknowledged it and have sent off a CPR 31.14 Request.

I’ve been going though a house move so haven’t had time to post up here but I’ve now hit a problem. 
 

I’ve looked on here and can see the defence isn’t meant to not give much away

I was going to use the standard template that’s on the page with the parking  CPR Request.

But in the move I’ve lost my claimform ,not sure how to word the defence now because I can’t find my particulars of claim. 
 

Any help would be much appreciated 

Andrew 

Hi Dx 

Sorry I’m not sure what you mean it says the TE3 form is from the Liverpool city council but it says court registration fee of £9 so I thought it was in the court. 
 

Who should I contact and should be still be doing the PE2/3 or explain I’ve been sent the TE3 form a month later then it’s dated 

Hi Dx 

I’m sorry I completely got court up in changing jobs and now with the move I completely forgot about it until I got the form in the post yesterday. 
 

Should I contact the court and ask for more time to respond since it clearly arrived a month later. 

Hi everyone 

I’m going to be honest I completely forgot about this with having so much going on. We’ve been given a section 21 notice so going though a move very soon and I’ve had to find other work with the company in question on this charge folding and going bust. 
 

I never received the PCN and I’ve only got in the post the TE3 form today. It says I had until the 15/12/2022 to pay or respond but I’m guessing with the post strikes it got last with it being over a month late. 
 

I don’t know what to do because the company is nearly struck off from company house with it having its first GAZETTE NOTICE. 03/01/2023. And it’s only address is my current address that I’ll possibly be moving out from in early Feb. It doesn’t have my name on the form and only uses the old company name which won’t exist on the 03/03/2023.

Any help would be much appreciated 

Thanks 

Andrew 

Thanks Dx

ill get it sent tonight when I get home 

Updated 

would this be okay to send now Dx? 
 

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 denied. Whilst I have had dealings with Morses Club and BT in the past I cannot recall the specifics of the alleged agreements.

3.Paragraph 2  is denied. I am not aware of any service of a Default Notices or Termination Notices by either of the original creditors nor have I been provided with any Notice of Assignments pursuant to the Law of Property Act 1925.

4. On receipt of this claim I requested information pertaining to this claim from Overdales Solicitors Ltd by way of a CPR 31:14 request sent via 1st class with proof of postage on 01/09/2022. Further to the above I sent Lowell Portfolio I Ltd a section 78 request via 1st class with proof of postage on 03/09/2022. To date, neither Overdales Solicitors nor Lowell Portfolio I Ltd have yet to furnish me with the requested information and therefore remains in default of said request and unable to enforce the alleged agreements until such time it can comply.

6.Therefore with the court’s permission the Claimant is put to strict proof to:-

a) show and disclose how the Defendant has entered into an agreements;

b) show and disclose how the Claimant has reached the amount claimed for;

c) show and evidence the nature of breach and service of a Default Notices pursuant to Sec 87 (1) CCA1974.

d) show how the Claimant has the legal right, either under statute or equity to issue a claim;

7. As per Civil Procedure Rule 16.5 (4) it is expected that the Claimant prove the allegation that the money is owed.

8. On the alternative, if the Claimant is an assignee of a debt, it is denied that the Claimant has the right to lay a claim due to contraventions of Section 136 of the Law of Property Act and Section 82A of the consumer crediticon Act 1974.6.

By reasons of the facts and matters set out above, it is denied that the Claimant is entitled to the relief claimed or any relief.

Yes he moved in 2020, 2017 and 2015 and didn’t update anyone. But if the claim form was sent to a different address why was the notice it was sent from Overdales sent to the right address? 
 

Thanks 

Andrew