Free Traffic Legal Advice

Live cases legal advice => Private parking tickets => Topic started by: niis11 on November 18, 2024, 02:44:16 pm

Title: Re: URGENT: PCN Buckingham Street Bham, Claim Form from court received
Post by: muralinatesh on June 12, 2025, 03:08:46 pm
Glad to hear that they have backed off now.
Title: Re: URGENT: PCN Buckingham Street Bham, Claim Form from court received
Post by: niis11 on May 30, 2025, 01:30:18 pm
Hi! I have just had the following response from DCB Legal:

"We act for the Claimant in the above matter. 

Our client has instructed us to discontinue Court proceedings and close our file. Therefore, please find enclosed the Claimant’s N279 Notice of Discontinuance for your records. 

The attached has also been filed with the Court.

We will now proceed to close our file accordingly."


Thank you so much for all of your help during this time!! You have made the process less stressful!! I really appreciate it! Is there a way I could say thank you, by sending you some chocolates   ;D

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Title: Re: URGENT: PCN Buckingham Street Bham, Claim Form from court received
Post by: niis11 on May 28, 2025, 04:02:39 pm
Thank you both
Title: Re: URGENT: PCN Buckingham Street Bham, Claim Form from court received
Post by: DWMB2 on May 28, 2025, 02:22:21 pm
Phone them early and be prepared for a wait.
Title: Re: URGENT: PCN Buckingham Street Bham, Claim Form from court received
Post by: b789 on May 28, 2025, 02:00:12 pm
Good. Now we know that they have until Monday afternoon to pay the hearing fee. I suggest you call the court on Tuesday and ask whether the trial fee was paid. Let us know how you get on.
Title: Re: URGENT: PCN Buckingham Street Bham, Claim Form from court received
Post by: niis11 on May 28, 2025, 11:39:34 am
Sorry - it is for Monday 30th June 2025

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Title: Re: URGENT: PCN Buckingham Street Bham, Claim Form from court received
Post by: b789 on May 27, 2025, 09:33:12 pm
Why on earth have you redacted the date of the hearing???? Please tell us the date of the hearing. The claimant has until 4pm on Friday 2nd June to pay the trial fee otherwise the claim is automatically struck out.

You still don't know all the details of the claim against you because the pot were defective. So until you see the claimants Witness Statement (WS), there is nothing for you to provide.

Whatever the dater of the hearing, both parties have to submit their Witness Statement (WS) no later than 14 days before that date. Without knowing the hearing date, it is a real PITA to try and advise further!!!!

As this is a DCB Legal issued claim, I fully expect a discontinuation on or before 2nd June. If you've not heard anything from DCB Legal by that date, you should contact the court and ask them if the claim has been discontinued and whether hearing has been vacated. It is not unusual for DCB Legal to conveniently fail to send a copy of their Notice of Discontinuation N279 form to the defendant. If they don't and they have sent one to the court, you can request costs and sanctions for their unreasonable conduct.

Show us the hearing date!!!!
Title: Re: URGENT: PCN Buckingham Street Bham, Claim Form from court received
Post by: niis11 on May 27, 2025, 06:55:12 pm
Hi I have received the Notice of Allocation of the Smalls Claims track (hearing). It does state to submit evidence to the claimant and court. please see the attachments below.

I have evidence of the following:
- the original ticket that I paid for on that day
- weather conditions from that day (raining and windy)
- poor Google reviews from that car park
- original appeal I sent to Popla
- Defence for Buckingham Street parking
- Secure Parking solutions end of year financial statements 2024 - not sure if this is relevant

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Title: Re: URGENT: PCN Buckingham Street Bham, Claim Form from court received
Post by: b789 on April 09, 2025, 08:02:08 pm
When you receive the courts directions order, show that to us. It will have a hearing date, a deadline for the claimant to pay the trial fee and a deadline by which date witness statements must be submitted by. It could well have an order for the claimant to provide further particulars of claim and for you to submit an amended defence, or it may simply order the claim be struck out.
Title: Re: URGENT: PCN Buckingham Street Bham, Claim Form from court received
Post by: jfollows on April 09, 2025, 07:18:16 pm
Do not answer, block the number if you can.
They will offer increasingly desperate “settlement” amounts in an attempt to extract >£0 from you.
Title: Re: URGENT: PCN Buckingham Street Bham, Claim Form from court received
Post by: niis11 on April 09, 2025, 07:02:31 pm
Hi I have received a letter to state that this claim has been transferred to the County Court at my local town. The letter states the following:

'This claim has been transferred to the County Court at Birmingham for allocation. On receipt, the file will be referred to a procedural judge who will allocate the claim to track and give the case management directions. Details of the judge's decision will be sent to you in a notice of allocation.'

Also the debt company (DCB) keep trying to phone me via an automated line asking for myself, however I do not answer/have not answered. 
Title: Re: URGENT: PCN Buckingham Street Bham, Claim Form from court received
Post by: niis11 on March 04, 2025, 01:12:09 pm
Thank you for your ongoing advice and support. It is very much appreciated
Title: Re: URGENT: PCN Buckingham Street Bham, Claim Form from court received
Post by: b789 on March 04, 2025, 01:03:29 pm
Just take the call and offer £0 and it will be over in minutes. It is not part of the judicial process. Tell the mediator that is your only offer and if the claimant doesn’t accept it, then a judge will decide whether they are owed anything.
Title: Re: URGENT: PCN Buckingham Street Bham, Claim Form from court received
Post by: niis11 on March 04, 2025, 12:59:30 pm
Hi I have a mediation call tomorrow. They have only just texted me today! I received no email or anything through the post. They said the call will be myself, someone from the parking company and a mediator to try and settle the claim. If it is not settled, then it will go to Court.
Title: Re: URGENT: PCN Buckingham Street Bham, Claim Form from court received
Post by: niis11 on January 07, 2025, 10:44:57 pm
Thanks for the quick response and info. I will wait until i have received my own N180 (only received the claimants via email so far), and complete it online as you stated
Title: Re: URGENT: PCN Buckingham Street Bham, Claim Form from court received
Post by: DWMB2 on January 07, 2025, 10:39:26 pm
All part of the standard process - here's a post b789 wrote recently advising on what to do when you receive your own N180 form:

Having received your own N180 (make sure it is not simply a copy of the claimants N180), do not use the paper form. Ignore all the other forms that came with it. you can discard those. Download your own here and fill it in on your computer. You sign it by simply typing your full name in the signature box.

https://assets.publishing.service.gov.uk/media/673341e779e9143625613543/N180_1124.pdf (https://assets.publishing.service.gov.uk/media/673341e779e9143625613543/N180_1124.pdf)

Here are the answers to some of the less obvious questions:

• The name of the court is "Civil National Business Centre".

• To be completed by "Your full name" and you are the "Defendant".

• C1: "YES"

• D1: "NO". Reason: "I wish to question the Claimant about their evidence at a hearing in person and to expose omissions and any misleading or incorrect evidence or assertions.
Given the Claimant is a firm who complete cut & paste parking case paperwork for a living, having this case heard solely on papers would appear to put the Claimant at an unfair advantage, especially as they would no doubt prefer the Defendant not to have the opportunity to expose the issues in the Claimants template submissions or speak as the only true witness to events in question
."

• F1: Whichever is your nearest county court. Use this to find it: https://www.find-court-tribunal.service.gov.uk/search-option

• F3: "1".

• Sign the form by simply typing your full name for the signature.

When you have completed the form, attach it to a single email addressed to both dq.cnbc@justice.gov.uk and info@dcblegal.co.uk and CC in yourself. Make sure that the claim number is in the subject field of the email.
Title: Re: URGENT: PCN Buckingham Street Bham, Claim Form from court received
Post by: niis11 on January 07, 2025, 10:29:13 pm
Hi, I hope you are well. I have had a response via email from DCB Legal Ltd. They have attached a HM Courts & Tribunal Service N180 Directions questionnaire and this response: 

"Good morning

Having reviewed the content of your defence, we write to inform you that our client intends to proceed with the claim.

In due course, the Court will direct both parties to each file a directions questionnaire. In preparation for that, please find attached a copy of the Claimant's, which we confirm has been filed with the Court.

Without Prejudice to the above, in order to assist the Court in achieving its overriding objective, our client may be prepared to settle this case - in the event you wish to discuss settlement, please call us on 0203 434 0433 within 7 days and make immediate reference to this correspondence.

If you have provided an email address within your Defence, we intend to use it for service of documents (usually in PDF format) hereon in pursuant to PD 6A (4.1)(2)(c). Please advise whether there are any limitations to this (for example, the format in which documents are to be sent and the maximum size of attachments that may be received). Unless you advise otherwise, we will assume not."

Please would you be able to advise? thank you
Title: Re: URGENT: PCN Buckingham Street Bham, Claim Form from court received
Post by: niis11 on December 03, 2024, 10:46:17 pm
Hi, all done - thank you
Title: Re: URGENT: PCN Buckingham Street Bham, Claim Form from court received
Post by: b789 on December 03, 2024, 09:37:53 am
can i just confirm do I need to fill out the following sections too?
Dispute reasons, defence particulars, counterclaim, service details, summary and confirmation?

No. Only do what the document tells you to do. Do not, under any circumstances, try and put anything into the defence box on MCOL. Not even a comma. Whatever goes in that box will be the sum total of your defence and will be unformatted.

There is no point in trying to overthink this. It is a well trodden path that we know works.
Title: Re: URGENT: PCN Buckingham Street Bham, Claim Form from court received
Post by: DWMB2 on December 03, 2024, 12:00:34 am
When done, you save both documents as pdf files and attach them to an email addressed to claimresponses.cnbc@justice.gov.uk and CC in yourself. The subject field of the email must contain the claim number. In the body of the email just put: “Please find attached the defence and accompanying draft order in the matter of Secure Parking Solutions Ltd v [your full name] Claim No.: [claim number]”.
^^

The defence will be filed via email rather than in MCOL
Title: Re: URGENT: PCN Buckingham Street Bham, Claim Form from court received
Post by: niis11 on December 02, 2024, 11:50:26 pm
Hi thank you for this - can i just confirm do I need to fill out the following sections too?
Dispute reasons, defence particulars, counterclaim, service details, summary and confirmation?



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Title: Re: URGENT: PCN Buckingham Street Bham, Claim Form from court received
Post by: b789 on November 30, 2024, 01:04:13 am
@nis11, here is the defence and attached draft order you should submit. In the defence, you only need to edit your name, the claim number and sign the defence by typing your full name for the signature and dating it. There is nothing to edit in the draft order.

When done, you save both documents as pdf files and attach them to an email addressed to claimresponses.cnbc@justice.gov.uk and CC in yourself. The subject field of the email must contain the claim number. In the body of the email just put: “Please find attached the defence and accompanying draft order in the matter of Secure Parking Solutions Ltd v [your full name] Claim No.: [claim number]”.

Quote
IN THE COUNTY COURT
Claim No: [Claim Number]

BETWEEN:

Secure Parking Solutions Ltd.


Claimant

- and -

[Defendant's Full Name]


Defendant



DEFENCE


1. The Defendant denies any liability for this claim.

2. There is a lack of precise detail in the Particulars of Claim (PoC) in respect of the factual and legal allegations made against the Defendant such that the PoC do not comply with CPR 16.4.

3. The Defendant is unable to plead properly to the PoC because:

(a) The contract referred to is not detailed or attached to the PoC in accordance with CPR PD 16(7.5);

(b) The PoC do not state the exact wording of the clause (or clauses) of the terms and conditions of the contract (or contracts) which is/are relied on;

(c) The PoC do not state with sufficient particularity exactly where the breach occurred, the exact time when the breach occurred and how long it is alleged that the vehicle was parked before the parking charge was allegedly incurred;

(d) The PoC do not state exactly how the claim for statutory interest is calculated;

(e) The PoC do not state what proportion of the claim is the parking charge and what proportion is damages;

(f) The PoC states that the Claimant is suing the defendant as the driver or the keeper. The claimant obviously knows whether the defendant is being sued as the driver or the keeper and should not be permitted to plead alternative causes of action.

4. The Defendant has attached to this defence a copy of an order made at another court which the allocating judge ought to make at this stage so that the Defendant can then know and understand the case which he/she/it faces and can then respond properly to the claim.

Statement of truth

I believe that the facts stated in this Defence are true. I understand that proceedings for contempt of court may be brought against anyone who makes, or causes to be made, a false statement in a document verified by a statement of truth without an honest belief in its truth.

Signed:


Date:

Draft Order for the defence (https://www.dropbox.com/scl/fi/z8zcqfdncdoajgj4ag6a4/short-defence-order.pdf?rlkey=at98xmfwj0ehi3w9d0ia15ogp&st=eol7sq20&dl=0)
Title: Re: URGENT: PCN Buckingham Street Bham, Claim Form from court received
Post by: b789 on November 30, 2024, 12:52:55 am
@muralinatesh, if you start your own thread, we can give you advice Taylor Ed to your specific situation.

READ THIS FIRST - Private Parking Charges Forum guide (https://www.ftla.uk/private-parking-tickets/read-this-first-private-parking-charges-forum-guide/)
Title: Re: URGENT: PCN Buckingham Street Bham, Claim Form from court received
Post by: muralinatesh on November 29, 2024, 08:19:19 pm
Please update me how you get on as I have received PCN for flipped ticket and appeal got rejected due to the terms and conditions. I would like to understand if we have chance to win against their claim even though we paid for the parking and have proof.
Title: Re: URGENT: PCN Buckingham Street Bham, Claim Form from court received
Post by: niis11 on November 24, 2024, 11:34:15 pm
Hi thank you so much so far - i really appreciate it! I have submitted the AoS now.
Title: Re: URGENT: PCN Buckingham Street Bham, Claim Form from court received
Post by: b789 on November 18, 2024, 07:10:08 pm
That is the form we need to see. OK... with an issue date of 14th November, you have until Tuesday 3rd December to submit your Acknowledgement of Service (AoS). Follow the instructions in this PDF on how to submit the AoS through the MCOL website, which you have successfully found.

https://www.dropbox.com/s/xvqu3bask5m0zir/money-claim-online-How-to-Acknowledge.pdf?dl=0

Once you have submitted your AoS, you then have until 4pm on Tuesday 17th December to submit your defence. When you've submitted your AoS, come back and let us know and we will provide you with the defence and an accompanying draft order and instructions on how to submit them by email.

Do not ever anything in the defence box on the MCOL website. Not even a comma. Nothing.

So, no need to rush anything.
Title: Re: URGENT: PCN Buckingham Street Bham, Claim Form from court received
Post by: niis11 on November 18, 2024, 06:37:40 pm
Is this the form? I received it through the post but i cannot seem to find it online. The 2nd image is what loads up when I logged into the account

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Title: Re: URGENT: PCN Buckingham Street Bham, Claim Form from court received
Post by: DWMB2 on November 18, 2024, 06:27:50 pm
Yes, but please show us the claim form before doing anything
Title: Re: URGENT: PCN Buckingham Street Bham, Claim Form from court received
Post by: niis11 on November 18, 2024, 06:16:13 pm
Do I need to enrol onto Money Claim online?
Title: Re: URGENT: PCN Buckingham Street Bham, Claim Form from court received
Post by: b789 on November 18, 2024, 06:00:08 pm
That is not the form we need to see. I tis the first page of the N1SDT form with the claim number, issue date, theme of the claimant, their representative (if they are using one) and most importantly, the Particulars of Claim (PoC).

It looks like this:

(https://i.imgur.com/2lyuxNg.jpeg)

I already mentioned, you will be completing this online. Nothing to send through the post.
Title: Re: URGENT: PCN Buckingham Street Bham, Claim Form from court received
Post by: niis11 on November 18, 2024, 05:41:29 pm
claim form image attached

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Title: Re: URGENT: PCN Buckingham Street Bham, Claim Form from court received
Post by: niis11 on November 18, 2024, 05:34:23 pm
Sorry please see the form attached
Title: Re: URGENT: PCN Buckingham Street Bham, Claim Form from court received
Post by: b789 on November 18, 2024, 05:31:39 pm
Sorry, but no one should be clicking a link that asks you to download something. If you want to show the image, follow the advice in the link I gave you in the Forum Guide.
Title: Re: URGENT: PCN Buckingham Street Bham, Claim Form from court received
Post by: niis11 on November 18, 2024, 05:02:00 pm
  please ignore the link attached and see the image below
Title: Re: URGENT: PCN Buckingham Street Bham, Claim Form from court received
Post by: b789 on November 18, 2024, 02:59:53 pm
Do not do anything until you've shown us the N1SDT claim form. Read this on how to show us the form:

READ THIS FIRST - Private Parking Charges Forum guide (https://www.ftla.uk/private-parking-tickets/read-this-first-private-parking-charges-forum-guide/)

Only redact your personal details, VRM, claim number and the MCOL password. Leave everything else showing, especially all dates and times.

DO not do the Acknowledgement of Service (AoS) until you receive instructions here. It will be done online and you do not need the forms you received in the post. You do not need to fill in all the other financial question forms.

You are going to defend ALL of the claim.
Title: URGENT: PCN Buckingham Street Bham, Claim Form from court received
Post by: niis11 on November 18, 2024, 02:44:16 pm
In Feb 2024, I paid and displayed my car parking ticket at private property (Buckingham Street car park, Birmingham), as the app to pay was down (which is usually how I pay). I came back and received it PCN, which stated I had not paid/displayed. My ticket had fallen on the floor, which I still have, so I appealed it. They declined this appeal and said I have to pay the fine as I breached the contract by failing to display the ticket. I have ignored the letters that have been coming through and I have received a 'Claim Form' from the Civil National Business Centre, where I have the option to 1. defend all of this claim 2. defend part of this claim 3. i consent to jurisdiction. I do not mind going to fight my case, although only if I feel as though I have a chance of winning. They are asking for info such as income/outgoings/savings too.

I have points which I feel might be able to help my case:
- I did pay and display - the ticket had fallen off. I remember it being very windy that day, and some of the industrial bins in the car park rolled into another car, which sadly I did not take a picture off. I still have the weather report from that day (natural causes)
- The company never lost any money as I did still pay for my parking
- I have not had any issues when paying for parking via the app, and have always previously paid for fines in the past if I was in the wrong
- It has been a stressful year; my grandad passed away, I got married and my dad had a mini stroke
- Reviews of the car park. Others have also had similar issues with the car park, and had their cars stripped. They are unwilling to help their customers when their cars are broken into/stolen/stripped of parts but then they claim they have 24/hour CCTV.

Would anyone be able to advise on this situation as I feel as though the car park have been unreasonable? Thank you in advance

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