Countrywide/BW pcn claimform - 7-11 Provost Street Fordingbridge .SP6 1AY

[L_C]

Hi all, I've received a court claim form for a PCN I received last year.

Attached is the the redacted first page from the claim form with full details.

Have you moved since the issuance of the PCN? No

Did you receive a letter of Claim With A reply Pack wanting I&E etc about 1mth before the claimform? No

There was signage at the location to show parking was permitted for anyone using the shops at the location which I did. I'll be sending a CPR 31.14 request to the solicitor today.

I hope this is the all of the information for the topic but please just let me know if anything else is required. Thank you in advance.

 

 

claim.pdf

Edited July 31, 2023 by L_C

[L_C]

I haven't and that's why I was shocked by this progressing.

There was no ticket on my car as I was parked correctly as per the signage.

The first letter I received was the 'Final Notice' ~first week of November.

I sent Countrywide Parking Management a letter stating this is a mistake as I was parked correctly as I was using one of the shops and I regarded the matter as closed.

I received a Trace Debt Recovery Letter on 9th November which I ignored assuming an overlap with my letter which I know was naïve. This is now the first correspondence I've had since.

1 Date of the infringement 30/08/2022

2 Date on the NTK [this must have been received within 14 days from the 'offence' date] 26/10/2022 - Final Notice Letter. PDF attached

3 Date received I don't recall exact date but would have been before week ending 4/11/22

4 Does the NTK mention schedule 4 of The Protections of Freedoms Act 2012? [Y/N?] No

5 Is there any photographic evidence of the event? Yes

6 Have you appealed? [Y/N?] post up your appeal] Yes - Letter sent explaining I used one of the shops which permits parking and regarded the matter as closed.

Have you had a response? [Y/N?]  No

7 Who is the parking company? Countrywide Parking Management

8. Where exactly [carpark name and town] 7-11 Provost Street, Fordingbridge, SP6 1AY

For either option, does it say which appeals body they operate under. No

If you have received any other correspondence, please mention it here: Trace Debt Recovery letter received just after sending my letter. PDF attached.

Notice.pdf Trace notice.pdf

[L_C]

Which Court have you received the claim from ? Northampton County Court Business Centre

Name of the Claimant :  Countrywide Parking Management Limited         

Claimants Solicitors: BW Legal

Date of issue – 17th July 2023

Date for AOS - 7th August 2023

Date to submit Defence - 18th August 2023

What is the claim for – 

1.the Claim is for the sum of £172.92 being due from the Defendant in respect of a Parking Charge Notice (PCN) for a contractual breach which occurred on 30/08/2022 in the private car park/land at 7-11 Provost Street Fordingbridge SP6 1AY in relation to a <make & model of my car> registration <my registration>.

2. The PCN was issued as the driver failed to comply with the terms and conditions, as displayed.

3. Despite demands, the charge remains unpaid.

4.The claim also includes Statutory Interest pursuant to section 69 of the County Courts Act 1984 at a rate of 8% per annum (a daily rate of £0.04) from 30/08/2022 to 18/07/2023 being an amount of £12.92.

The Claim also includes £60.00 recovery costs as set out in the Terms and Conditions and in the ATA AoS Code of Practice.

What is the value of the claim? £257.92

Amount Claimed £172.92

court fees £35.00

legal rep fees £50.00

Total Amount £257.92

 

Have you moved since the issuance of the PCN? No

Did you receive a letter of Claim With A reply Pack wanting I&E etc about 1mth before the claimform? No

[L_C]

Thank you so much for the guidance. The Acknowledgement of Service has been submitted successfully.

CPR 31:14 request sent 1st Class on Monday and have proof of postage this time.

I'm really sorry but I don't have the exact letter any more but I knew not to use terms to confirm I was the driver and state it was an alleged contravention. It was along the lines of "The vehicle was parked in accordance with the terms on the signage which is displayed in your photo so I regard this matter as closed."

I've received another letter from the solicitors today which I've also attached.

bwlegal_030823.pdf

Edited August 3, 2023 by L_C

[L_C]

Thanks all. Assuming I should wait until we're near the the defence submission date to complete that to see if they reply to the CPR first?

[L_C]

I've had response to the CPR 31.14 request. I'll redact and post the paperwork now.

They claim I've breached their terms due to 'No permit being displayed' but all the signs at the location state 'private parking for customers using a shop in this parade'.

The signs are even in the photo's they have supplied.

I've attached the sign for reference.

They've provided a photo in an attempt to show there is no permit on my windscreen.

@LookingForInfo Thanks for the heads up, I'll definitely add that to my to do list.

Their reply does say they got my details and address from the DVLA.

They have sent copies of the letters but no proof of postage.

Parking sign.pdf

 

CPR 31.14 response attached

 

31.14 Response BW Legal.pdf

Edited August 11, 2023 by L_C

[L_C]

Correct, no windscreen PCN left.

[L_C]

Unfortunately it’s not local, I was on a break away

[L_C]

Thank you for the reminder. I’ve been looking at the template on the sticky post, is it correct that I just use the following as the defence and don’t put particulars about there not actually being a requirement for a permit as I used the shops in the parade? I note I can flesh out points 2 and 4 if it progresses further but just curious  

The Defendant contends that the particulars of claim are vague and generic in nature which fails to comply with CPR 16.4.  The Defendant accordingly sets out its case below and relies on CPR r 16.5 (3) in relation to any particular allegation to which a specific response has not been made.

1.  The Defendant is the recorded keeper of [motor vehicle].

2.  It is denied that the Defendant entered into a contract with the Claimant. 

3.  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 simply contracted by the landowner 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.  

4.  In any case it is denied that the Defendant broke the terms of a contract with the Claimant.

5.  The Claimant is attempting double recovery by adding an additional sum not included in the original offer.  

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.

[L_C]

Defence has been submitted on the MCOL

Edited August 16, 2023 by L_C

[L_C]

The first photo is a parking sign from Google to show what was on the sign. The second attachment with photos is what BW responded with after I sent the CPR 

[L_C]

Letter received from the court acknowledging the defence

Court defence acknowledgement.pdf

[L_C]

No, I tried logging in using the reference number and my registration but it errors to say there was a problem obtaining these details. I'd assume it would just be the same photos they provided in the response pack

[L_C]

Letter received from BW Legal in response to the defence. Intention to proceed.

BW Legal defence response.pdf

[L_C]

Notice of Proposed Allocation to the Small Claims Track received. Letter attached and I must complete a questionnaire by 29th September.

Notice of Proposed Allocation.pdf

[L_C]

I have, just keeping the thread and you all updated as it progresses 

Edited September 18, 2023 by L_C

[L_C]

BW Legal response to defence

Response to defence.pdf

[L_C]

Sending the N180 today but I do have two queries if you can help please?

1. I’m sure I’ve read the N180 can be emailed back on here but I only see a postal address on the form

2. For D1 suitability, determination without a hearing I’ve selected No because of factual disputes. I need to specify the dispute (I met conditions of the signage) but do I need to word this in a particular way?

latest entry on MCOL is DQ sent to me on 12/09. 

Thanks for the email address. There doesn’t seem to be an option to complete the DQ on the MCOL so looks like email is the only way. Confirming I was always sending the copy to the sols via post.

Is there any benefit in adding a witness? Someone that can confirm I followed signage and used the shops for example.

Edited September 29, 2023 by L_C

[L_C]

I’m sorry but I have to disagree with your comment. I’m grateful for your help but I definitely have been reading up and never once believed I could do it online until your last comment above which says MCOL is one way to respond N180. My comment was because you mentioned it.

[L_C]

I’ve received this letter stating I have failed to return the Directions Questionnaire. I have the sent email and acknowledgement receipt but there is a different email address on this letter.

I sent it to ccmcce-filing@justice.gov.uk but this letter now says to send it to ccbcaq@justice.gov.uk. 

I also note it says 7 days from service and this letter is dated 10th November but it has only arrived today.

I plan to just forward the original email I sent to the other email address to the new email address. Is this the correct action and are any of these things I should be worried about now?

General Form of Judgment or Order.pdf

Edited November 28, 2023 by L_C

[L_C]

I’ve emailed the covering letter and attached the DQ, original sent email and automated response receipt.

[L_C]

After a couple of emails back and forth when I escalated this in November because the office administrator couldn't open my attachments which contained proof of my original DQ email and confirmation of automated response,

8 weeks later I have received this update:

Dear Sir, 

Thank you for your Directions Questionnaire.

Unfortunately we cannot process it as it has been received outside of the time allowed. The defence has now been struck out. If you would still like to contest the claim you will need to apply to re-instate the defence. This application should be made using an N244 Application Notice and should be accompanied by a completed Directions Questionnaire. You will need to explain why you did not file your Directions after a couple of emails back and forth when i escalated this in november because the office administrator couldn't open my attachments which contained proof of my original dq email and confirmation of automated response, 8 weeks later i have received this update: dear sir,  thank you for your directions questionnaire. unfortunately we cannot process it as it has been received outside of the time allowed.  the defence has now been struck out.  if you would still like to contest the claim you will need to apply to re-instate the defence.  this application should be made using an n244 application notice and should be accompanied by a completed directions questionnaire.  you will need to explain why you did not file your directions questionnaire within the deadline provided and why you feel you should still be allowed to contest the claim. all forms can be downloaded from www.gov.uk  if the claim against you was for over £10,000 please attach an n181 directions questionnaire; for claims of £10,000 or under, please attach an n180 directions questionnaire. you will need to provide one copy of the application for each defendant, one copy for the claimant and one copy for the court. there is a £108 court fee to process the application without a hearing or a £275 court fee to process the application with a hearing, payable by cheque or postal order to hmcts or by card by calling the helpdesk between 9am and 3:30pm.  alternatively, if you are an individual (and not a company) and believe that you may be eligible for help with fees, you can apply for help by completing an ex160 application. if you pay the application fee but believe you are eligible for help with court fees, you have three months to successfully apply for a refund using the ex160 form.  you can also apply for help with fees online at https://www.gov.uk/get-help-with-court-fees please note, applications are not automatically granted. the outcome of your application is at the discretion of the district judge or court appointed legal advisor. if you require any further information please contact our helpdesk on the number above. alternatively, you can email us at ccbcaq@justice.gov.uk  please ensure that you state the above case number in the subject heading of your email. kind regards, Questionnaire within the deadline provided and why you feel you should still be allowed to contest the claim. All forms can be downloaded from www.gov.uk

If the claim against you was for over £10,000 please attach an N181 Directions Questionnaire; for claims of £10,000 or under, please attach an N180 Directions Questionnaire. You will need to provide one copy of the application for each defendant, one copy for the claimant and one copy for the court.

There is a £108 court fee to process the application without a hearing or a £275 court fee to process the application with a hearing, payable by cheque or postal order to HMCTS or by card by calling the Helpdesk between 9am and 3:30pm.  Alternatively, if you are an individual (and not a company) and believe that you may be eligible for help with fees, you can apply for help by completing an EX160 application. If you pay the application fee but believe you are eligible for help with court fees, you have three months to successfully apply for a refund using the EX160 form.  You can also apply for help with fees online at https://www.gov.uk/get-help-with-court-fees

Please note, applications are not automatically granted. The outcome of your application is at the discretion of the District Judge or court appointed Legal Advisor.

If you require any further information please contact our helpdesk on the number above. Alternatively, you can email us at ccbcaq@justice.gov.uk  Please ensure that you state the above case number in the subject heading of your email.

 

 

Kind regards,

[L_C]

I have indeed . Since the fee with a hearing is above the balance, is my preferred option to regard this as done and pay?

[L_C]

Thanks both,

I’ve been in hospital until this morning so will look in to these right now.

I also received this notice of pending CCJ letter from Countrywide while I was in.

Is this accurate and the way to pay or should I have received something official from the courts as I still haven’t yet

Here are my defendant transactions on the MCOL.

Recent Transactions for Defendant
Claim Status
• A claim was issued against you on 19/07/2023
• Your acknowledgment of service was submitted on 03/08/2023 at 15:25:34
• Your acknowledgment of service was received on 04/08/2023 at 08:05:27
• Your defence was submitted on 16/08/2023 at 21:31:29
• Your defence was received on 17/08/2023 at 08:05:53
• DQ sent to you on 12/09/2023
• DQ filed by claimant on 02/11/2023
• General sanctions order was made on 10/ 11/2023
• You filed a DQ on 28/11/2023
• Notification that you filed a DQ removed on 28/11/2023
• Defence was struck out on 27/01/2024
• Your defence was rejected on 27/01/2024

Notice of pending CCJ .pdf

[L_C]

This is Sanctions letter for ‘failing to file the DQ’ dated 10th November but didn’t receive until the 28th November 

I had no opportunity to respond in their 7 day time frame.

I then forwarded proof of sending the DQ with automated responses which is where I had the back and forth with the administration team.

Looking at my transactions, it shows there was a DQ filed on the 2nd November before the sanction order was made for not filing. Shouldn’t this be acknowledged?

Also the transactions show me filing it again and then it being removed on the 28th November which is when I followed up via email after receiving the sanctions letter