Bank Parking ANPR PCN PAPLOC Now Claimform - wrong reg - Appeal failed - Belvedere Street (Mansfield)

[lookinforinfo]

Thank you for your reply Laura.

Did your grandson check out his bank statement for the car park payment.

[Laura Cooke]

It was a cash payment they paid for 2 hours but only stayed from 12.49 to 14.19  shame we had not got the elderly ladies details as he helped her too she said to my grandson "I don`t know why they cannot make the machines like the old one`s"

[lookinforinfo]

Having paid by card would have been the icing on the cake. Nevertheless your son is not liable to pay the charge. Please tell him that and try to relax.

 

We can see if we get to the Witness Statement stage that we can write something that will result in them going no further.  End of the case no Court involved. So fingers crossed.

[FTMDave]

If they had a strong case they would already be doing court.  Yet they are still messing around sending letters.  Wonder why.

[Laura Cooke]

I was reading reviews about DCBL they do take lost causes to Court and continue sending harassing letters up to 5 years, in my opinion only the driver should be put before the Court not the registered keeper. DCBL are so assured my son was the driver, he is severely mentally impaired he cannot even write or read, his Motability vehicle enables him to get took out.

[dx100uk]

dcbl cant take your son to court over this.

 

only the parking company can.

 

 

[brassnecked]

If they did its County Court not a Criminal Court and a WS laying out his disabilities and fact he cannot drive nor manage his own affairs should get DCBL a kicking if they are stupid enough.

[Laura Cooke]

DCBL on behalf of the parking company would be the one`s taking it to Court I assume? and happy to do so with what I have read about their reputation. 

[brassnecked]

Whatever frightening guff they put on their paperwork about Can't Pay, if a judgment is under £600 they would not be the enforcers anyway, ever.  TThey are not Invincible by any means.

[lookinforinfo]

DCBL are brave enough when knocking on someone's door  who doesn't know the Law. But in Court the Judge does know a lot more than them and the ginger tom cat in next door's house knows more than DCBL. So just relax your son is not liable for any charges. Nor is the Motability driver.

[brassnecked]

But whatever happened they would never be knocking on your door for this, they have to convince a judge, and that isn't as easy as people think.

[Laura Cooke]

Thankyou to you all for keeping me going and helping I hate wallowing in self pity and do want to help my son but I am not in good health I have a poorly husband who is not long out of hospital recently.  He was robbed in the street in 1996 and was left brain damaged and is frequently quite poorly.

 

 I am now an only child and trying to look after my elderly parents who are in poor health too and do not live close to me, my severely impaired son depends on me though he does not live with me and the poor bugger thinks I can magic anything up (If only he knew)

 

 My youngest daughter as mental illness too and had to leave work in 2011 on ill health grounds I look after her I forget so many things I am supposed to be doing at times so I really really appreciate the help and advice off here. I realise I must annoy some of you at times but I really do try to help myself as much as I can understand things I am near pension age

 

You helped my dying sister in 2009  over a faulty vehicle sadly she died before the outcome leaving me 3 boys as she was a widow, thanks to CAG she received a bit of cash for the youngest boy who was 15 and autistic I wanted you to know I am not bone idle I just struggle with my ever increasing burdens. My sister really was grateful for the help you gave her and I have turned to you many times you are a god send. Please bare with me with everything I struggle to concentrate and understand at times.

[Nicky Boy]

Sorry to hear of all your challenges Laura.

 

Just rest assured that the team here have your back and will support you all the way.

 

Chin up...

[Laura Cooke]

Found this interesting I have just seen on the internet,  my sons vehicle is a Motability vehicle and he is illiterate and severely mentally impaired, he is the keeper not the driver.

 

"Well I had my parking ticket overturned I reminded parking eye that Motability cars are often not driven by their keeper, they're usually driven by families/carers. I therefore asked the question about easy read formats, braille etc for the keepers to be informed and the lack of that option therefore means that they are discriminating against disabled people, and also the distress it causes to people with disabilities.

In just under 24 hours the ticket was overturned"

 

 

[FTMDave]

That is interesting, and could be useful if the fleecers don't give up.

 

However, don't worry, despite all the parasites' bluster we haven't seen them take anyone to court for "wrong registration" cases in a long time.

[dx100uk]

On 07/06/2022 at 17:56, dx100uk said:

Wrong reg speculative invoices are shortly to be almost outlawed, they 90% already are and Bank know this.

 

lets no lose focus here re: my post 2 above when you very 1st came here with this.

 

bank are not major players , PE are, they KNOW the score re disabled drivers etc, bank will not have a clue .

 

 

[lookinforinfo]

That is very good news for your case Laura. It is also another reason to use in your son's defence should Bank push it.

[Laura Cooke]

Court claim form came today dated 27-02-23 but no idea how to get it on here I keep trying to copy and paste from Word but obviously that is not allowed.

 

Name of the Claimant : XXXXXX

 

Claimants Solicitors: DCB Legal

 

Date of issue -27-Feb 2023

 

Date for AOS-17th mar

 

Date to submit Defence- 31st mar

 

1) The Defendant (D) is indebted to the Claimant (C) for a Parking Charge (s) issued to xxxxx

 

2) The PCN details are 29/04/2022, 

 

3) The PCN (s) was issued on private land owed or managed by (C) The vehicle was parked in breach of the terms on Cs 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. Thee contract entitles C to damages. 

 

AND THE CLAIMANT CLAIMS

1. £160 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 Judgement or sooner payment.

3. Costs and court fees

 

What is the value of the claim? 255.92

 

 

Amount Claimed 170.92

court fees 35.00

legal rep fees 50.00

Total Amount 255.92

Edited March 5, 2023 by dx100uk
dates inserted

[FTMDave]

The date for Acknowledgement of Service will be 17 March, and the date for the defence 31 March, so you have plenty of time to deal with this.

[brassnecked]

the standard 3 - 4 line defence will be adequate initially and the team will help you with formulating a full Witness Statement when the time comes.

[Laura Cooke]

I am puzzled as to why the registered keeper has to fill all this paper work in when it is the driver who is responsible,

do you fill in about the expenditure and income

do you have to send proof of all your income and expenditures

and do I send proof off of the keepers disabilities?

 

No idea what to put as a defence other than a ticket was purchased and that registered keeper is a none driver

 

Do you send all the pack back together with the Acknowledgement and the Defence to this Court business Centre at Northampton?

 

The claim says the driver agreed to pay within 28 days,

how can they state this when the driver has not been identified and no one has stated they would pay. 

 

 

[dx100uk]

you dont use any of the court Pack forms

they are solely for reference  now.

 

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.

………….
 

[dx100uk]

thread tidied

 

[FTMDave]

The MCOL site often has maintenance work done on it over the weekend, but certainly on Monday you need to get Acknowledgement of Service done and send off a CPR request (get a free Certificate of Posting from the post office) as dx has explained.

 

Then after that you need to start reading threads to understand the court process - but one step at a time.

[Laura Cooke]

The letter to solicitors Is this correct on a paragraph "In accordance with CPR 31.15©" has other paragraphs either say CPR 31 or CPR 31.14

 

I assume this request is sent to DCB Legal?