CP Plus ANPR PCN Claimform - Overstay - Lee Valley Ice Centre

[honeybee13]

Could you also let us have the information asked for in the forum sticky please? It gives us a good starting point.

 

 

HB

 

[dx100uk]

i will guess you mean Letter of claim. not a court claimform in a large brown envelope from northants bulk court.

 

if its a letter of claim

you need to reply with one of our snotty letters.

 

dx

 

[honeybee13]

Good point, dx, I may have jumped the gun there. Hopefully the OP will let us know which it is.

 

HB

[lookinforinfo]

The NTK is not compliant as Ericsbrother said two years ago. As it is still not compliant the CP can only pursue the driver as they are not allowed to transfer the debt to the keeper which they would have been able to do had the PCN been compliant.  {there may well be Bye Laws ].

That makes things difficult for CP as they cannot assume the keeper is the driver  and so many people are able to drive another person's car.

[AnotherMessIGotMyselfInto]

I apologise for the delay in posting this.

 

It is a claim form. I understand that my daughter will have to acknowledge the service and have read the posts over the last couple of days.

 

I have not dealt with any parking fine claims, do I defend this? I know it's been stated that the POFA was non-compliant, can they ask to amend their pleadings and re-issue? 

 

We have had absolutely no contact with this company or acknowledged any liability or advised who was driving the car.

 

Parking Fine Claim.pdf

Edited March 6, 2022 by AnotherMessIGotMyselfInto

[dx100uk]

where does it say it a fine please?

[dx100uk]

there you go honeybee was correct it IS a court claim.

 

so if you could fill this out we will get you going.

 

this what you need to do once you fill the above out:

 

pop up on the MCOL website detailed on the claimform

.

register as an individual on the Gov't Gateway Site
Go to HMRC's login page.

Click the GREEN sign in button.
Click “Create sign in details”
Enter your email address where asked.
You will now be emailed a confirmation code. ...

You will now be issued with a User ID for your government gateway account.
 note down your details inc the long gateway number given, you might need it later.
 

then log in to the MCOL Website

.

select respond to a claim and select the start AOS box.

.

then using the details required from the claimform

.

defend all

leave jurisdiction unticked.

click thru to the end

confirm and exit MCOL.

.

get a CPR 31:14 request running to the solicitors

https://www.consumeractiongroup.co.uk/forum/showthread.php?486334-CPR-31.14-Request-to-use-on-receipt-of-a-PPC-(-Private-Land-Parking-Court-Claim

type your name ONLY

no need to sign anything

.

you DO NOT await the return of paperwork.

you MUST file a defence regardless by day 33 from the date on the claimform.

………….
 

[AnotherMessIGotMyselfInto]

Thank you for the prompt response DX100UK, appreciate it

 

Edited March 6, 2022 by dx100uk
unnecessary previous post quote removed

[AnotherMessIGotMyselfInto]

Which Court have you received the claim from ? 

 

MCOL Northampton N1 ?

 

Name of the Claimant ? CP Plus Limited T/A Groupnexus

 

Date of issue –  02 March 2022

 

Date of issue to acknowledge) = 02 March 

 

Date to submit defence = 15 March? 

 

Particulars of Claim

 

1. The defendant (D) is indebted to the claimant (C) for parking charge(s) issued to vehicle XXXX XXX at Lee Valley Ice Centre

 

2) The PCN details are xxxxxxxxxxx. The PCN was issued on private land owned or managed by C. The vehicle was parked in breach of the Terms on C's signs (the contract), thus incurring the PCN(s).

 

4) The driver agreed to pay within 28 days but did not. D is liable as the driver or keeper. Despite requests, the PCN(s) is outstanding. The contract entitles C to damages.

 

AND THE CLAIMANT CLAIMS

1) £150 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 £0.02 until judgment or sooner payment.

3) Costs and Court fees

 

What is the total value of the claim? £251.83
 

Have you received prior notice of a claim being issued pursuant to paragraph 3 of the PAPDC (Pre Action Protocol) ? No
 

Have you changed your address since the time at which the debt referred to in the claim was allegedly incurred? No
 

 

[dx100uk]

Thats not the private parking one i posted .. Thats the consumer credit one. Never mind ill change

[dx100uk]

Done

 

Now get reading a good few 10's of pcn claimform threads here

do not miss defence filing date

 

DX

[AnotherMessIGotMyselfInto]

On 14/08/2020 at 08:23, ericsbrother said:

In short the NTK is not POFA compliant for more than 1 reason. No-one owes them any money, let alone the keeper.

Read the POFA and you will hopefully work out why

I note that the blurb at the botton about Beavis is not what the judges decided but a cobbled togetherversion to scare you into believeing that this piece of bog paper is somehow legit.

Signage fails to create a contract unless payment machine has the same blurb and you agreed to be bound by feeding the machine. No signs at entrance you see.

 

 

The acknowledgment has been registered online with the court and a CPR 14 letter has been sent to the solicitors.

 

Can I get guidance on what the defence should say please? 

 

I understand that the NTK was not POFA compliant as stated by Ericsbrother.

 

Is there any specific wording I should use in the defence please? 

Edited March 11, 2022 by AnotherMessIGotMyselfInto

[dx100uk]

Go back to the link i posted

scroll down to 2. Defence

 

Dx

[lookinforinfo]

Keep the non compliant PCN for your Witness Statement. Your defence should not be too specific and best to be rude.

[rightsaidmax]

Hi @AnotherMessIGotMyselfInto

 

I am in exactly the same boat as your daughter!

 

Parked in lee valley ice rink car park on 19/07/2020 and overstayed the 30 min free parking. (it was lockdown and the ice centre wasn't open, so assumed it was ok)

 

Received lots of letters from CPC and then DCB debt collectors, have now been served count court claim form. 

 

I've acknowledged the service and am about to send DCB legal the CPR 31.14 request form. 

 

(I was served the exact same day as your daughter, so i imagine they're doing it in bulk!)

[FTMDave]

rightsaidmax, please start your own thread.

[AnotherMessIGotMyselfInto]

1 hour ago, rightsaidmax said:

Hi @AnotherMessIGotMyselfInto

 

I am in exactly the same boat as your daughter!

 

Parked in lee valley ice rink car park on 19/07/2020 and overstayed the 30 min free parking. (it was lockdown and the ice centre wasn't open, so assumed it was ok)

 

Received lots of letters from CPC and then DCB debt collectors, have now been served count court claim form. 

 

I've acknowledged the service and am about to send DCB legal the CPR 31.14 request form. 

 

(I was served the exact same day as your daughter, so i imagine they're doing it in bulk!)

 

I think they've now started issuing these claim forms as the courts have more time to deal with them.

I hope you are going to defend the claim as well

[dx100uk]

2 hours ago, rightsaidmax said:

Hi @AnotherMessIGotMyselfInto

 

I am in exactly the same boat as your daughter!

 

Parked in lee valley ice rink car park on 19/07/2020 and overstayed the 30 min free parking. (it was lockdown and the ice centre wasn't open, so assumed it was ok)

 

Received lots of letters from CPC and then DCB debt collectors, have now been served count court claim form. 

 

I've acknowledged the service and am about to send DCB legal the CPR 31.14 request form. 

 

(I was served the exact same day as your daughter, so i imagine they're doing it in bulk!)

 

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[AnotherMessIGotMyselfInto]

Hello All,

we filed a defence and received a letter from the court dated 16th March stating the defence was received and if the dispute is not sorted informally, the claimant should inform the court within 28 days if they wish to proceed. 

 

We have today received a letter dated 13th April from DCB legal stating their client wishes to proceed but their client may be willing to settle this. They want a reply within 7 days.

 

Can someone advise if I should still defend this please?

 

Thank you

 

[dx100uk]

nothing.

 

whats the status of the claim on MCOL? DQ N180's sent out yet?

 

dx

 

[AnotherMessIGotMyselfInto]

All I can see under claim history is:

A claim was issued against you on XXXXXX

Your acknowledgment of service was submitted on XXXXXXX at 20:xxxx

Your acknowledgment of service was received on 09/03/2022 at 08:XXXXXX

Your defence was received on 16/03/2022

 

If they are going to proceed, they should inform the court? I can't see anywhere that they have done that. 

We have not received anything requested under CPR31.14 either

[dx100uk]

looks like is going or is already autostayed then.

 

dx

 

[AnotherMessIGotMyselfInto]

The status of the claim is now saying DQ sent 12 May 2022.

 

Can someone please advise what we should be putting on this? We've not actually received this yet

[FTMDave]

Don't worry, it's just a standard form everyone gets.  It'll probably turn up tomorrow or Tuesday.  You have a few days to fill it in.

 

if by some horror it gets lost in the post, you can easily download the form.

 

What you fill in is shown on all the claimform threads here.

[dx100uk]

not been using your self help mantra we advise in every pcn claimform thread already here on cag ?

using our enhanced google searchbox?

 

you should never disappear for a month without using the time wisely ....

 

https://www.consumeractiongroup.co.uk/topic/347310-legal-n180-directions-questionnaire-small-claims-track-correct-at-sept-2016/#comment-5088148

3 copies

yes to mediation (unless you filed our Statute Barred Defence OR this is a claim for a Private Parking Ticket)

1 wit you

the rest is obv

1 to the court

1 to sols (omit phone/sig/email)

1 for your file

 

dx