ParkingEye ANPR PCN PAPLOC Now Claimform - Overstay - Riverside retail park, Chelmsford

[Reds123]

will first do AOS and then do CPR and then put up a defense.

[dx100uk]

On 03/07/2023 at 17:22, Reds123 said:

Date of issue – 19/06/2023

CPR 31.14 should have gone off the day you got the claimform....

not 1 day before aos .....which is due friday tomorrow.

wake up!!

 

dx

 

[Reds123]

oh I have just sent it today . looks like my case is already falling apart from not lack of knowledge !

[honeybee13]

Sorry, what have you sent today please?

You can remedy lack of knowledge if you do some reading here, it's how we all learned.

HB

[Reds123]

Sent the CPR today.

[honeybee13]

Thank you.

What about the AoS please?

HB

[dx100uk]

[Reds123]

AOS done 6/7/23

[dx100uk]

[FTMDave]

Right, so you need to prepare your defence.  Go to  https://www.consumeractiongroup.co.uk/topic/393251-received-a-court-claim-from-a-private-parking-speculative-invoice-how-to-deal-with-it-hereupdated-dec-2021/  and scroll down to  Q2) How should I defend?  There is the template defence.

However, PE operate differently from other PPCs with court claims.  They don't invent Unicorn Food Tax.  However, in recent cases, like yours, they have hit on claiming more money by adding solicitors' costs even though they have no solicitor.  Therefore the defence is fine except for point 5 which needs to be altered:

5.  The Claimant is abusing the court system by claiming £50 for legal representative's costs even though they have no legal representative and indeed are representing themselves.

I see your deadline is Friday 21.  File it on Thursday 20 just to be on the safe side.

        

 

[Reds123]

1.  It is admitted that Defendant is the recorded keeper of [motor vehicle].

 

2.   As held by the Upper Tax Tribunal in Vehicle Control Services Limited v HMRC [2012] UKUT 129 (TCC), any contract requires offer and acceptance.  The Claimant was only contracted to provide car park management services and is not capable of entering into a contract with the Defendant on its own account, as the car park is owned by and the terms of entry set by the landowner.  Accordingly, it is denied that the Claimant has authority to bring this claim.  The proper claimant is the landowner

 

3.  It is denied that the Defendant breached any terms and conditions set on private land.

 

4.  It is denied that the Defendant entered into a contract with the Claimant, or broke any such contract.

5..  The Claimant is abusing the court system by claiming £50 for legal representative's costs even though they have no legal representative and indeed are representing themselves.- I can see on their letter there was the name of a solicitor ( no address was given for the person which is strange )

6.  The Particulars of Claim is denied in its entirety.  It is denied that the Claimant is entitled to the relief claimed or any relief at all.

how and where do I file the defence ? on MCOL website?

[honeybee13]

Yes, it can be done via MCOL. Don't send off what you've written until the guys have had a look at it please. You'll be submitting it a bit later in the week.

HB

[Reds123]

is the above reply good go @FTMDave @dx100uk????? I need to submit it today ... please suggest.

[FTMDave]

Yes, fine.

Obviously cut out your note in (5) -

I can see on their letter there was the name of a solicitor ( no address was given for the person which is strange )

[Nicky Boy]

Damn!

beat me to it again Dave...

[Reds123]

All done. What is the next step?

[honeybee13]

Sad to say, the next step is you reading up. If this goes to court we can't be there with you. 

Have a look around our Successes forum and see what has happened with other people's cases. 

HB

[Nicky Boy]

Not been reading up Reds?

This thread is often used as a guide, bcause it covers the whole legal process...

 

And here's our "successes" threads.

 

[Reds123]

Just heard from PE again They have sent a Directions Questionnaire .

Could I have some guidance on this please?

Will do some reading around as suggested in the previous posts .

Looks like they are keen to go to courts !

How soon do I  need to submit this ?

I received it mostly on the 16 or the 17 th august .

strange there are no dates on it !

Scan2023-08-22_125616.pdf

[dx100uk]

what does the claim history state on MCOL please 

copy and paste here.

if it says nowt about blank DQ N180's being sent out by THE COURT then, if you had been reading up as already advised , not disappearing for for more than a month........you'd already know this is simply an attempt to harass and intimidate....

 

dx

 

[Reds123]

thanks @dx100uk its been sent by the Parkingeye  Enforcemnt team and not the courts .

I really wish I had the luxury to sit and read the website and look up for information than sit and ask advice . I feel many people here are quick to judge others . 

I have to say am struggling with time ,family  and many others issues . PLEASE DO NOT JUDGE OTHERS ! If one can advise its good . If you cant that's fine! I have been quite and polite on many occasions . But I have say this attitude is totally not required especially on a forum like this meant to help people.  

[honeybee13]

To be accurate, Reds, we are a self-help and self-empowerment site. If people try to do their own research on threads here, even if they don't understand everything they gain a better understanding and we can correct any issues.

Without people doing this, going to court against a PPC or anyone else is a very challenging experience and cases can be lost because the OP didn't grasp the underlying principles. We can't be at the hearing with you.

HB

[Nicky Boy]

29 minutes ago, Reds123 said:

I have to say am struggling with time ,family  and many others issues

Reds,

We've all got lives to lead.

This is exactly what the fleecers rely on... all their victims are subjected to "life".

If you are not going to completely fall on your face in the courtroom, you MUST self educate!

We can't be there with you because... "We've all got lives to lead".

If you really want to throw the towel in, PE might well offer a "discount" to settle in the not too distant future.

(Other more experienced team / users will probably know their normal MO)...

I haven't got the time to check historical threads, because I've go a life to lead

[Reds123]

yes I know that . I have been reading around . But this language and abbreviations AOS/MCOL /CPR and the so many forms they come automatically to a person who has been doing it in and out . For me I forget it as I Leave the forum until the next step pops up.  Then again I need to refresh and pick up from where I had left.

 

@dx100uk

The claim history says :

Your acknowledgment of service was received on 07/07/2023 at 08:05:16

Your defence was submitted on 21/07/2023 at 13:27:06

Your defence was received on 21/07/2023 at 16:05:05

 

BTW "if it says nowt about blank DQ N180's being sent out by THE COURT "

 

[Nicky Boy]

List of acronyms...