#parking : PPC Court claim form from Minster Baywatch

[barney2]

Hi,

I've just opened a letter from northampton ccbc that is for a parking ticket from march 09.

 

At this time we were hiring cars as ours was off road.

 

The day in question is the day i had to transfer companys as '1 car 1' went into administration.

 

I still have the paper work for '1 car '1 and it wasnt a car i had with them.

 

The next company i transfered to that day dont keep records from that far back

but going off the reg there is no way they would of had a car that old on the books,

even if the reg is 1 digit wrong they are pretty certain they wouldnt of had a car of the age on the books.

 

The place that the ticket was issued is somewhere that we would have parked at the time

but i am convinced i wasnt working there that day but have no way of checking.

 

I am very lucky that we have a strange postman who knows who i am and where i now live

as the name and address on the form is not correct even before i moved 6 months ago,

this could of gone to court and judgement passed without me even knowing.

 

What do i need to do? We had the worst luck with hire cars at this time and this just tops it all off.

 

Any help much appreciated.

[citizenB]

You have 33 days from the date of issue (found on the top right hand side of the claim form under the claim number)

 

That is:

 

Claim form date of issue + 5 days for receipt + 14 days to acknowledge claim and advise if you are going to defend in full + 14 days to submit a defence.

 

If you dont acknowledge the claim form within the given time, a judgment can be given by default.

 

You will need to request information if the Particulars of claim dont fully inform you of the claim against you in order for you to put in a defence.

 

Can you either scan in or type out what it says on the claim form.. From the left hand side of the form.

[barney2]

It says

 

Payment of a parking charge notice together with administration costs associated with its recovery. The defendants vehicle ******* was parked in contravention of the rules of private car parking facility at ***********on 30/03/09. PCN no***** was issued to this vehicle on 30/03/09. We are seeking a payment of money for the full amount of due fees.

 

The amount they are claiming for is £345. The details for me on the form suggest it has come from 1 car 1s info as they got that wrong on the hire form.

[citizenB]

You will need to obtain a copy of the parking notice and any letters they might have sent in respect of this. You can do that by sending a CPR31.14 request to the solicitor.. you will find a draft copy of the CPR31.14 in the first post in the link below

 

http://www.consumeractiongroup.co.uk/forum/showthread.php?159445-Getting-Them-To-Reveal-Their-Vitals.-Using-CPR-31.14-to-Your-Advantage

[barney2]

Thanks. Who do i send it to? The only address / contact details on the form is for the parking company. Do the time limits include all days or do i discount weekends and bank holidays. Im guessing with the amount of bank holidays in the next few weeks im not going to get a response for a while.

Edited April 22, 2011 by barney2
additional info

[citizenB]

Thanks. Who do i send it to? The only address / contact details on the form is for the parking company. Do the time limits include all days or do i discount weekends and bank holidays. Im guessing with the amount of bank holidays in the next few weeks im not going to get a response for a while.

 

Sadly, there will be no allowances for Bank Holidays so you will need to get a shift on if you want the information, if this is not forthcoming then you can apply for more time by way of CPR31.15 or directly through the court if they dont provide the information in time for you to submit a defence.

 

I guess if there is no legal team representing them, then you will have to send the request directly to them.

 

I will try and find some more advice/help for you.

[barney2]

Me being the person i am, may even think they did this now because of all the bank holidays giving me less time to put in my defence. Thanks for all your help. Lou

[citizenB]

Me being the person i am, may even think they did this now because of all the bank holidays giving me less time to put in my defence. Thanks for all your help. Lou

 

It is generally noted that around any Bank Holiday, especially Easter and Christmas there is an increase in Court claims being issued.

 

DCAs normally plan their threatening letters and Default Notices to arrive on a Friday in order to wreck the weekends.

 

Cynic.. me ??

[barney2]

Just having a read through other posts on here and it looks like its going to be a busy time for northampton then with so many bank holidays.

Am i right in thinking that a private pcn is unenforcable? I didnt say this in original post but it is a private parking company. Looking through another post looks like this is there way forward with tickets from 09. Do they really think they have a chance of winning or are they hoping we will just roll over and pay?

[Coupon]

Is this Minster Baywatch?

 

Sounds like they have taken a shot at sending out Court claims for a batch of old cases, there's at least one other showing on C.A.G. forums (same wording on claim):

 

http://www.consumeractiongroup.co.uk/forum/showthread.php?302917-parking-Hospital-PPC-issues-court-summons-on-hospital-employee-please-help&p=3378354

 

That lost in Court last time they tried but you do need to defend it to convince the judge that he should consider this charge unenforceable. It's more about showing that their charge won't stand up for various legal reasons than saying 'it wasn't me as I don't think I ever hired that car...'

 

Where did they get your name and address from then?

[dx100uk]

yep i'd agree

they are craftily trying to get a ppc claim through the court over a period where 'help' cannot be gotten

and then they are going to claim it as a landmark victory that a 'speculative invoice' is a legal document that must be paid because this case ended up with a ccj

rather than just their other tactics of using 'relatives' or 'employees' as stoogies to try and give them some measure of authenticity

 

 

 

dx

[dx100uk]

can you please name the co.

 

dx

[citizenB]

Just having a read through other posts on here and it looks like its going to be a busy time for northampton then with so many bank holidays.

Am i right in thinking that a private pcn is unenforcable? I didnt say this in original post but it is a private parking company. Looking through another post looks like this is there way forward with tickets from 09. Do they really think they have a chance of winning or are they hoping we will just roll over and pay?

 

I know there have been quite a few successes in respect of Parking tickets, but it is outside my comfort zone. There are many others who will be able to help you move forward on this issue, 2 of whom have already popped in

[barney2]

Yep its minster.

[Coupon]

Yep its minster.

 

 

If I were you I would pm the other poster who is going through the same (see the link in my post above) as I think they have been helped with a defence already...

[barney2]

Thanks for the pointers so far. With regards to the request for documents what am i actually asking for? I have never had anything from them (apart the court forms) so don't know which sections to request or delete. Also do i have to post this request or can i email it to them saving me a few days lost in post.

[barney2]

Ok so had some info from them, they put the wrong reg no on claim form, helpful! This makes it a car that i did have at the time but would not have been driving at the time it was issued. How would i put in a defence for this. Does it make a difference that the court forms have incorrect data on them, the only thing that at the moment i know is correct is the date everything else is wrong. The carpark in question is a private one for the cinema, around this time (dont know when) minster took the carpark on, previously is was free. The cinema was yet to open, opened sometime in june i think. will any of this info help?

[Al27]

If you weren't driving, that's the only defence you need at this stage.

[dx100uk]

how can they put the wrong reg number on???

 

does this mean that they knew who 'you' were but didn't know what car you drive, found out from the DVLA and chose the wrong reg>>>>>

 

this does not make sense!!!

 

dx

[barney2]

With regards the wrong reg, they have just put the wrong number on the claim form but the pcn has the correct reg on. Im guessing they went to dvla who gave them 1 car 1s details who then passed on mine. Im still waiting for them to send proof of anything they have sent me in past. Will they have to send me details of how they got my details? Or do i need to add this to my request. With regards to me not driving im trying to find out if the administrators have kept all details.

Edited April 26, 2011 by barney2
because im worth it!

[Al27]

Ok your options are

 

1. State you were not the driver and that it's not your problem.

 

2. State your husband was the driver and to take it up with him. The fact it's your husband makes no difference - it's all about who the alleged contract was between. Whether it's Mr Barney or Wayne Rooney makes no difference.

 

3. State your husband was the driver and name him as a witness, meaning both of you have to attend court.

 

 

Number 1 was the favoured option, but you have now revealed your husband was driving on a public forum. They would have had no means of knowing and no access to insurance information.

 

Number 2 is my favoured option now because you will cost them £25 to bring a new claim against a new person.

 

Number 3 is another choice and you may prefer it as two of you against Minster on the day will make it a bit easier and a bit more fun.

[barney2]

Just an update, i put in my request for the documents. It went unanswered by Minster, I even gave them an extra day still no details. While i was waiting i informed the court that i was going to be defending the whole claim. Today Minster told me they have dropped the case and claim withdrawn. I didnt even get chance to put in my defence. 1 nil to me!!

[Coupon]

Just an update, i put in my request for the documents. It went unanswered by Minster, I even gave them an extra day still no details. While i was waiting i informed the court that i was going to be defending the whole claim. Today Minster told me they have dropped the case and claim withdrawn. I didnt even get chance to put in my defence. 1 nil to me!!

 

 

Great news! Well done!

 

They are obviously trawling a few cases to try to win one or two undefended, by default.