esp/gladstones MNPR PCN Claimform - spinningfields estate manchester - received nothing prior to claimform

[mkontheroad]

Hi

I was hoping someone would be able to assist me with this request.

I have received a claim form saying that I had parked at spinningfields estate manchester, i cannot remember doing this at all.

I have also not received a single correspondence from the company demanding money etc or to pay the charge, not a single thing and then this appears in the post.

nor have i seen any evidence to support that i was there,  Can anyone provide any guidance, time is limited.

Thanking you in advance

 

Regards

MK

 

claimform.pdf

[FTMDave]

Don't worry, you have ample time to defend this.

 

The invoice - that's what it is, not a fine, a private company doesn't have the power to fine anyone - is from October last year.  Have you moved and not updated the vehicle log book with the DVLA?  Could the correspondence have gone elsewhere?

Edited April 19, 2023 by FTMDave
Typo

[mkontheroad]

thank you for your quick reply

 

i have not moved all dvla details are upto date but i have not received a single correspondence or letter

 

thank you 

[dx100uk]

hey this could be fun dave

nothing to the OP yet a claimform magically appears!

 

anyway.

@mkontheroad

 

please complete this.

 

[mkontheroad]

Forgive my ingnorance you mean fill in the claim form or do online 

 

what else can I do 

[dx100uk]

please read this and copy and paste the questions back here

answer each at its end

then hit reply.

 

then we will get you moving PROPERLY.

[mkontheroad]

sorry for lateness, here is the information you requested 

 

thanking you in advance.

 

MCOL Northampton N1 ? county court Northampton

 

Name of the Claimant : ES Parking Enforecement Ltd City House 131 Friargate Preston PR1 2EF

 

Claimants Solicitors: Gladstone Solicitors Limited 1st Floor, 210 Cygnet Court Centre Park Warrington WA1 1PP

 

Date of issue –  13th April 2023

 

Date for AOS - 

 

Date to submit Defence - 

 

 

What is the claim for –

 

 1) The driver of the vehicle with registration XXXXX (the "Vehicle') parked in breach of the terms of parking stipulated on the signage (the 'Contract) at SPINNINGFIELDS ESTATE MANCHESTER, on 22/10/2022 thus Incurring the parking charge (the 'PC').

 

2. The PC was not paid within 28 days of issue.

 

3. The Claimant claims the unpaid PC from the Defendant as the driver/keeper of the Vehicle.

 

4. Despite demands being made, the Defendant has failed to settle their outstanding lability.

 

5. THE CLAIMANT CLAIMS £100 for the PC,

£70.00 contractual costs pursuant to the Contract and PC terms and conditions,

together with statutory interest of £6.58 pursuant to s69 of the County Courts Act 1984 at 10.25% per annum, continuing at £0.05 per day.

 

What is the value of the claim? 261.58

 

Amount Claimed 176.58

court fees 35.00

legal rep fees 50.00

Total Amount 261.58

 

 

 

claimform.pdf

[dx100uk]

thread tidied

 

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.

………….
 

[mkontheroad]

Thank you for your quick reply 

 

will do this tomorrow morning and revert back here 

 

Thank God we have people like you to assist us 

[dx100uk]

not me the forum and all it's members.

 

in this instance as nothing to date you've ever gotten

i'd also wack off an sar to ESP

address is on the claimform.

 

 

[lookinforinfo]

Yes the sar is important as we need to see what they are pursuing you for. They are not very good with their paperwork nor their signs  but you do need to get the ball rolling with reasons to beat them and the sar is a good  start.

Also please check with the DVLA as they will have two addresses for you. One as the driver and the other with your vehicle. They may be different so worthwhile seeing if the addresses differ. At the same time ask the DVLA when they sent  ESP your address and what address did they give.

[mkontheroad]

Thank you for the guidance, this is what i've completed today

 

replied to the claim form stating im contesting it entirely

sent a CPR 31:14 to the parking companies solicitor 

sent sar to ESP

 

Kindly advise should i do anything else.

 

Both the CPR and SAR was sent royal mail recorded delivery.

 

lookinforinfo you mention 

 

"Also please check with the DVLA as they will have two addresses for you. One as the driver and the other with your vehicle. They may be different so worthwhile seeing if the addresses differ. At the same time ask the DVLA when they sent  ESP your address and what address did they give."

 

how do I do this, by calling them, I can confirm that I have only one address which DVLA have

[lookinforinfo]

Yes call them. And they do have two addresses on their books for you. Hopefully they are both the same. But when you change your address they only change your address but do not also change the address of the vehicle unless you tell them.

[dx100uk]

just to clarify.

you must if you moved return your cars v5c and update its address

you must also separately update your driving licence,

 

both should always be done by royal mail letter and getting proof of posting for each.

 

however, just again for clarity,

unless you write to anyone that owns a 'debt' against you, including a parking company, they are quite legally allowed to file a backdoor CCJ against an old address,

 

they do not, neither are debt owners on your credit file or not for debts your last used/paid in the last say 7yrs, need to recheck your correct address. it's upto YOU to inform people.

[mkontheroad]

Thank you for the reply 

 

I’ve checked with DVLA and they have the same address, 

 

thank you 

[lookinforinfo]

That is good news. When the SAR results arrive you will then know what address the PCN etc were sent.  You would have been sent the PCN, several reminders followed by several letters from their debt collectors plus a further two or three letters for solicitors prior to  the claim form.

One might expect one or two to be misdirected but not that many which is why I suggested checking with the DVLA.

 

[mkontheroad]

Thank you for this information, I will check again with DVLA to make sure. 
 

also today I received this email from the lawyers 

please advise accordingly 

thanking you in advance 

Don’t know what happened but here is the message from then 

Dear Mr 

 We act for the Claimant and have notified the Court of the Claimant’s intention to proceed with the Claim. 

 Please find enclosed a copy of the Claimant’s completed Directions Questionnaire, which has also been filed with the Court.  

  Yours sincerely

Joshua

Legal Assistant  

 

Gladstones Solicitors Limited 

Unit B 210 Cygnet Court 

Centre Park 

Warrington 

Cheshire 

WA1 1PP ,

thankig you in advance

Directions Questionnaire (ServeDef) (1).pdf

[dx100uk]

they always send those out early to frighten and intimidate.

 

pop up on MCOL website look at the claim status

does it say DQ N180 sent out to defendant and claimant?

 

if not ignore them.

nothing you need to do.

 

dx

 

[dx100uk]

thread tidied too

[mkontheroad]

I've checked the website and cant see anything regarding claim status, attached are the photoshoot 

 

Thanking you in advance

 

 

2023-07-27 claim status.pdf

[dx100uk]

Claim History
A claim was issued against you on 13/04/ 2023
Your defence was submitted on 26/04/ 2023 at 11: 10: 11
Your defence was received on 26/04/ 2023 at 14:05:09

 

no sign of DQ N180 at all

 

so they are just trying to frighten you

 

you'll see this if you go read a good few (10-20+) pcn claimform threads here.

 

dx

 

[mkontheroad]

Will do, in the meantime I'll just sit and wait for any response from them

 

Again Thank you and the rest of the team, 

 

 

[dx100uk]

they have 33 days from you defence filing date

 

can you please post up the defence you filed please?

 

dx

 

[mkontheroad]

here you go

 

i did not receive details or letter regarding this incident and believe it was concurred incorrectly and hence I will be disputing
it fully.

 

[dx100uk]

god whatever made you file that and so early?

why did you not file our recommended defence in our sticky?