A claim was issued against you on 16/11/2022 Your acknowledgment of service was submitted on 21/11/2022 at 15:46:13 Your acknowledgment of service was received on 22/11/2022 at 08:06:25 Your defence was submitted on 13/12/2022 at 14:07:50 Your defence was received on 13/12/2022 at 16:05:07 Case Stay Lifted on 18/01/2023 DQ filed by claimant on 18/01/2023 DQ sent to you on 18/01/2023 You filed a DQ on 09/03/2023

Hi i completed all paperwork 2nd February 2023, disputed claim and said wanted to contest it. The form offered mediation as an alternative and asked me to state if i was prepared to go down this route. I said Yes i would. heard nothing at all until last week (14th July) when i received an email stating: To assist the Court in achieving its overriding objective, our Client may be prepared to settle this case. I can confirm our Client would be agreeable to £200.80 in full and final settlement of this Claim. The current outstanding balance is £270.80. Should you be agreeable to this offer, please confirm the same within 7 days. Payment can be made via our website www.dcblegal.co.uk, by calling our office on 0203 838 7038 or via bank transfer:　 DCB Legal Ltd Client Account　　 Sort Code: xxxxxx　　 Account no: xxxxxxx Upon receipt of the settlement sum of £200.80 we will update the Court that the matter has been settled. If you are not agreeable, we will continue to follow the Court process as normal.　 i responded by stating nothing had changed on my part and i will still be happy to take the matter to court. does anybody have any suggestions what my next move should be ?

sorry dx100uk not sure i understand ? are you saying it is invalid as it's over 14 days after the event ?

just want to clarify something i've read on the above thread. the office took place on the 18/9/21, the "parking charge" letter i received is dated 18/10/21 ? i've just read that this NTK has to be issued within 14 days of the offence, is the parking charge the NTK ? and if so are they outside the allowed time ? or i misunderstanding this ?

Hi i've now received the "Notice of Propoed Allocation to the Small Claims Track" and been advised that i need to complete the Form N180 by the 6th Feb. i'm also being offered the option to refer to the small claims mediation service ? what do i do now please ?

one thing i have noticed from the form is that they have requested that the court hearing takes place at the "Claimant's home court". if i am to defend this then do i need to attend in person, and if so should i be asking for an address closer to me?

Hi i filed my response, and today i have received the following by email. Having reviewed the content of your defence, we write to inform you that our client intends to proceed with the claim. In due course, the Court will direct both parties to each file a directions questionnaire. In preparation for that, please find attached a copy of the Claimant's, which we confirm has been filed with the Court. Without Prejudice to the above, in order to assist the Court in achieving its overriding objective, our client may be prepared to settle this case - in the event you wish to discuss settlement, please call us on 0203 434 0433 within 7 days and make immediate reference to this correspondence. If you have provided an email address within your Defence, we intend to use it for service of documents (usually in PDF format) hereon in pursuant to PD 6A (4.1)(2)(c). Please advise whether there are any limitations to this (for example, the format in which documents are to be sent and the maximum size of attachments that may be received). Unless you advise otherwise, we will assume not. what is my next step ? do i ignore this ?

Done, thank you so much

Hi, so i've put together my attempt at a defence, could you look over it and let me know if you think if makes sense ? Defence The Defendant contends that the particulars of claim vague and are generic in nature which fails to comply with CPR 16.4. 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. 1. It is denied that Defendant ever entered into a contract to breach any terms and conditions of the stated private land, and that Defendant was a customer of local Restaurant at the time, evidence of which was asked for by Claimant and supplied by Defendant. Claimant stated on their website that proof of custom would cause charges to be waived, Yet Claimant has reneged on this. 2. Paragraph 3 claims that Defendant agreed to pay within 28 days and did not. At no point did Defendant ever agree to pay anything, and consequently Claimant is making false claims. 4. Claimant claims that £170 is the total of the PCN and damages. Defendant denied signage was present and asked Claimant for proof. Claimant provided pictures of signage, was unable to confirm date of installation but claimed they were present during alleged incident. Images supplied shows £85 penalty, but PCN sent by Claimant was for £70. Defendant argues this proves that signs were not present at time of alleged incident. 5. Claim 3 is denied, there are no contractual costs and interest cannot be accrued on a speculative charge. 6 Not withstanding the above on 22 Nov 2022 Defendant made a request pursuant to CPR 31.14 for the claimant to disclose its necessary evidence in support if its claim. To this date the claimant has failed to respond to said request Therefore the claimant is put to strict proof to evidence its cause of action and contractual costs and what loss it has suffered. The Claimant is further put to strict proof that it has sufficient proprietary interest in the land, or that it has the necessary authorisation from the landowner to issue parking charge notices, and to pursue payment by means of litigation. The Particulars of Claim is denied in its entirety. It is denied that the Claimant is entitled to the recovery or any recovery at all. Defendant has attempted on multiple occasions to explain it’s defence to Claimant in an attempt to prevent Claimant pursuing matters further, Claimant has ignored all correspondence and Defendant believes any further action to be malicious in nature, and that Claimant is attempting to bully Defendant into making payment by threat of court action. thanks in advance.

yes i sent the cpr off this morning. i will start to get a defence readty, i guess my question (worded very badly) was what is my defence ? is it that i was a customer ? is it that the original letter asked for a wrong amount, or is it that what they are doing is just plain wrong ? i'm just conscious that if i do it wrong then it may mess it up for me and make matters worse. i'm not very good at these things, and i'm also worried where this will all end. i'm really grateful for all the help / advice, just not overly confident in what i'm doing

yes, sorry i didn't make that clear, i've indicated on MCOL that i'm contesting, and that's the letter i was referring to. just not sure what i'm supposed to do next ? so, i've sent this letter and asked them to provide information to me, what do i do with it when i receive it ? dx says i need to file a defence, do i do that regardless, or is their reply needed before i can do that ?

Letter has been done and sent 1st class (signed for) what happens now ? and what do i do now ?

Which Court have you received the claim from ? County Court Business Centre - Northampton if possible please scan redact and upload a full page copy of page 1 of the claim form. (not the response page or AOS) Name of the Claimant : Highview Parking Limited Claimants Solicitors: DCB Legal Date of issue – 16 /11 / 2022 Date for AOS - 4/12/2022 Date to submit Defence - 16/12/2022 What is the claim for 1. The Defendant (D) is indebted to the Claimant(C) for a Parking Charge(s) issued to vehicle ********* at Bradfield Road Car Park S6 2bw. 2. The PCN details are 18/9/2021 ********** 3. The PCN(s) was issued on private lane owned of managed by C. The vehicle was parked in breach of the Terms on Cs signs (The contract) this incurring the PCN(s). 4. D is liable as the driver of the vehicle and agreed to pay within 28 days but did not. Despite requests the PCN(s) is claimform.pdfg. The Contact entitles C to damages 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 country courts act 1984 from the date hereof at a daily rate of £0.02 until judgement or sooner payment 3. Costs and court fees What is the value of the claim? Amount Claimed 185.80 court fees 35.00 legal rep fees 50.00 Total Amount 270.80 ^^^^^^^copy and paste the above to your topic^^^^^^^ claimform.pdf

d00c5f4b.pdfI've attached the PDF document as requested please advise i would also like to draw your attention to Particulars of Claim D which "claims" i agreed to pay within 28 days. at no point in any correspondence have i ever indicated i would pay this what do i do know ? claimform.pdf

Hi i sent letter on 12th October as discussed, I have heard nothing by way of a response. however today I have a county court letter? what do I do now?

Thanks for your input, i've made the changes and sent them off. i'll let you know if / when i hear back

how does this sound ? Dear DCBL I write in response to your so-called Letter Before Claim, which I have received in relation to PCN Number: ?????, issued by yourselves for an alleged parking breach. I am writing to notify you that I have no intention of paying these ridiculous and made-up sums of money, for allegedly breaking some imaginary contract with yourselves. Should you proceed to court I will actively defend my case, so it may be better for all parties if you put a stop to the whole charade. Had you bothered to carry out any due diligence rather than being bone idle as usual you'd have seen your clients promised they would cancel the charge pending proof of custom which I supplied. You also seem to have added an admin fee, although as you have declined to provide a fee breakdown I must assume this admin fee is some sort of unicorn food tax. I suggest that you look at DDJ Harvey’s judgement at Lewes County Court on 05/02/2020 (Claim number F0HM9E9Z). He was not very happy with these made-up amounts, was he? You can either drop this foolishness now or get a good hiding in court. The choice is yours. After all should you proceed with this ridiculous claim I will be seeking an unreasonable costs order under CPR.27.14, as well as damages for a breach of GDPR as you accessed my information from the DVLA without any reasonable cause.

no, but the post says businessess and at that time of night it's the only local business that's actually open ?

This was the paragraph on their website Our Clients primarily manage parking on private land on behalf of landowners. Pursuant to an agreement between the respective parties, our Client (“the creditor”) will be responsible for monitoring the land in question and making sure that motorists are adhering to the terms and conditions of parking on the land. Such terms and conditions are set out in signs that are displayed on the land and form the basis of a contract with the driver of the vehicle who enters that land. Any motorist found not to have complied with the terms and conditions set out in the signs will be in breach of the contract and is likely to be issued with a PCN. Some examples of how you may have breached the terms and conditions are as follows: – Parking for longer than the maximum period permitted; Not displaying a valid permit or Pay & Display ticket; Parking in a restricted area where parking is not permitted; Parking on land which is to be used for customers of local businesses only (and you were not a customer at the time); Not displaying a valid disabled badge when parked in a disabled bay; Not parking within a designated bay / parking space. The above list is not exhaustive and may not include the particular contravention that your PCN was issued for.

yes DCBLegal

Yes the pics they sent show the £85 fee. what do i do now ?

1 Date of the infringement 18/9/2021 2 Date on the NTK [this must have been received within 14 days from the 'offence' date] 18/10/2021 (1 month after) [scan up BOTH SIDES as ONE PDF- follow the upload guide] please do not put JPG Picture files into your post done above 3 Date received 23/10/2021 4 Does the NTK mention schedule 4 of The Protections of Freedoms Act 2012? [Y/N?] N 5 Is there any photographic evidence of the event? ANPR on PCN 6 Have you appealed? [Y/N?] post up your appeal] Y - appeal is via an online web form on their website I used this car park to attend a local restaurant (Setti Coli) that we often frequent, I am a regular customer there, and spend a considerable amount of money in there - something i will have to reconsider following your actions. on the evening in question the restaurant was extrememly busy which accounted for the extended stay in the restaurant The car park was empty when i arrived and when i left, i was not preventing anybody else from using the car park. your letter refers to "our client", yet fails to identify who the client is. i respectfull request that you provide me with the details of the client so i can take the matter up with them directly. your letter claims i have 14 days to make payment, and lists the date as 14th November, as the letter was received on the 23rd October i fail to see how this has provided me with 14 days. Have you had a response? [Y/N?] post it up Y - refused on all points Thank you for your correspondence relating to your Parking Charge. The representations stated in your correspondence have been noted and considered. Please forward to us the full name and address of the driver at the time this charge was incurred so that we can update our records accordingly. In light of your claims, we are also prepared to reconsider the status of this Charge should we receive evidence of your custom at the site on the date in question. However, until such time as this evidence is received this Charge will continue to remain outstanding. I supplied details regarding being a customer - copy of bill and bank statement their response was: Thank you for your correspondence relating to your Parking Charge. Kindly refer to our previous correspondence on this matter, which explains why your appeal has been carefully considered and rejected on this occasion. Our previous correspondence represents our final stance on this matter and, as such, we would request that you refer to it as it details the options now at your disposal. We are placing this Charge on hold for 14 days from the date of this letter to allow time for the documentation requested to be received. 7 Who is the parking company? Highview Parking 8. Where exactly [carpark name and town] Bradfield Road, S6 2BW For either option, does it say which appeals body they operate under. BPA oops ! i've corrected that now Highview PCN issued 1 month after ANPR Capture.pdf

i'll get those details filled in later today and back to you. the last letter i have quotes "This is a formal letter of Claim in accordance with the Pre-Action Protocol for Debt Claims"

Hi To cut a long story short i parked in this car park on a saturday evening - i was the only car in the car park - while i went to local italian restaurant across the road. i was there 2 hours and 2 mins. Signage quotes 90 mins free parking. got lovely letter from Highview telling me i'd overstayed and that "Terms and Conditions are clearly and prominently displayed and payment of £100 is due which can be reduced to £60 if paid within 14 days" i responded to them, asked for clarification, explained where i was (their website does allow overstay if you are a customer of a local business), supplied copies of the bill and bank statement for the time to prove i was in the restaurant, all to no avail. they advised i was unsuccessful. Was told couldn't appeal to their governing body as 28 days had elapsed since the original letter. so now i have a letter from their legal arm asking for £170 or they will take me to court. Again, i raised the issues i had, and again was told to go away, was also sent lots of pictures of the signage from the car park - thing is the signage claims £85 if you overstay (reduced to £50 if paid in 14 days), i also have a picture of the signs i took in the days after. so my question is, as their original "demand" contained invalid information regarding cost of "fine" is it valid ? and what can i do about it ? any advise would be gratefully received