Author Topic: Appeal rejected for PCN from Buckingham street car park Birmingham  (Read 335 times)

0 Members and 0 Guests are viewing this topic.

muralinatesh

  • Newbie
  • *
  • Posts: 8
  • Karma: +0/-0
    • View Profile
Hi,
I have appealed against PCN for not displaying the ticket properly as the ticked flipped due to bad weather and not visible to them and it was rejected by the parking operator saying you have not followed the terms and conditions.So I have raised it to POPLA and it also got rejected with same reason for not complying with terms and conditions.Should I wait for them to send a formal recovery notice? I’m not sure what else I can do to fight against them as I have paid and shown the proof.Please guide me the next action I should take on this.

Share on Bluesky Share on Facebook


RichardW

  • Full Member
  • ***
  • Posts: 141
  • Karma: +3/-0
    • View Profile
Re: Appeal rejected for PCN from Buckingham street car park Birmingham
« Reply #1 on: November 30, 2024, 11:24:05 am »
You will just have to wait now. You will get letters from a debt recovery agent, but these can be ignored. Ultimately you will get a letter of claim (which will be more detailed and give 30 days to pay). Come back when you get this. After that they will probably register it at the small claims court, but it be easily defended - when you get this come back and ask, as what it says and how you respond is important. Presumably your V5 address is up to date and the parking co have your correct address? If not you need to rectify this with them, otherwise you are on a short path to getting a default judgement and then CCJ.
Like Like x 1 Agree Agree x 1 View List

b789

  • Hero Member
  • *****
  • Posts: 6209
  • Karma: +256/-5
    • View Profile
    • GullibleTree
Re: Appeal rejected for PCN from Buckingham street car park Birmingham
« Reply #2 on: November 30, 2024, 11:29:29 am »
It was a waste of time appealing. Nothing to worry about though. The POPLA decision has absolutely no bearing on anything going forward.

What do you imagine a "formal recovery notice" is? The next stage is going to a bunch of debt collector letters with a fake £70 added. Ignore those. The debt collectors are powerless to actually do anything except try and scare the low-hanging fruit on the gullible tree to capitulate and pay up. Never, ever, ever, communicate with a useless debt collector. Use their correspondence to line the bottom of a litter tray or some other use.

What is going to eventually happen, is that you will receive a Letter of Claim (LoC), usually issued through one of several possible bulk litigators. Most likely DCB Legal (not to be confused either their debt collecting arm, DCBL), Gladstones or BW Legal.

An LoC will give you 30 days to pay, not 14 like all the debt collector rubbish. I should be responded to, but if you don't, it is no big deal. If you get one, show us and we'll provide a suitable response.

Eventually, they will issue an N1SDT claim form through the CNBC. That has to be responded to. Again, when you receive it, show us the Particulars of Claim (PoC) and we can provide the necessary defence and instructions on how to do the Acknowledgement of Service (AoS).

These claims are easily defended and in the vast majority of cases, they never even get as far as a hearing as they are usually discontinued before the claimant has to pay the trial fee. That or they are struck out because of their defective PoC. Of the very few that actually get as far as a hearing, most are won (which is why they discontinue before paying the trial fee).

Any questions, feel free to ask.
Never argue with stupid people. They will drag you down to their level and then beat you with experience” - Mark Twain
Like Like x 1 View List

muralinatesh

  • Newbie
  • *
  • Posts: 8
  • Karma: +0/-0
    • View Profile
Re: Appeal rejected for PCN from Buckingham street car park Birmingham
« Reply #3 on: December 03, 2024, 06:25:05 pm »
Thank you for the detailed explanation. It is really helpful.I will come back here once the claim form is received.

muralinatesh

  • Newbie
  • *
  • Posts: 8
  • Karma: +0/-0
    • View Profile
Re: Appeal rejected for PCN from Buckingham street car park Birmingham
« Reply #4 on: January 03, 2025, 12:35:03 am »
I have received a letter to pay the fine £100 from the parking company.

I heard PCN goes to the CCJ and you lose it will affect your credit score.Do I need to worry about that?

b789

  • Hero Member
  • *****
  • Posts: 6209
  • Karma: +256/-5
    • View Profile
    • GullibleTree
Re: Appeal rejected for PCN from Buckingham street car park Birmingham
« Reply #5 on: January 03, 2025, 12:53:34 am »
Why do you think an unregulated private company can "fine" you? I will personally give you £100 for every occurrence of the word "fine" you can find in your correspondence.

What is this "letter" you are talking about. Either fully describe it or show it to us please.

What do you think you mean by "I heard PCN goes to the CCJ and you lose it will affect your credit score."?

Nothing "goes to CCJ". We should not advise anything that will result in a CCJ. You cannot get a CCJ unless you are sued by the parking company, you lose the claim and then you don't pay the judgment amount. You can't just "get a CCJ" out of the blue unless you ignore a whole amount of correspondence and then ignore the judgment.

Even if you did get a CCJ, as long as it is paid within 30 days of judgment, it is expunged from the record.

The odds of this case even getting as far as a hearing are very slim.

As far as I was aware, you are past any appeal stage. You can safely ignore any debt collector letters. Come back if/when you receive an N1SDT Claim Form issued through the CNBC.
Never argue with stupid people. They will drag you down to their level and then beat you with experience” - Mark Twain

muralinatesh

  • Newbie
  • *
  • Posts: 8
  • Karma: +0/-0
    • View Profile
Re: Appeal rejected for PCN from Buckingham street car park Birmingham
« Reply #6 on: June 08, 2025, 04:37:44 pm »
Hi,

I have received the HM courts &Tribunals service claim form now from DCB legal dated 29th May 2025.

Please advise what should be the next steps?

jfollows

  • Hero Member
  • *****
  • Posts: 551
  • Karma: +10/-2
  • Gender: Male
  • Location: Wilmslow, Cheshire
    • View Profile
Re: Appeal rejected for PCN from Buckingham street car park Birmingham
« Reply #7 on: June 08, 2025, 04:41:29 pm »
Hi,

I have received the HM courts &Tribunals service claim form now from DCB legal dated 29th May 2025.

Please advise what should be the next steps?
Post a redacted version here.

b789

  • Hero Member
  • *****
  • Posts: 6209
  • Karma: +256/-5
    • View Profile
    • GullibleTree
Re: Appeal rejected for PCN from Buckingham street car park Birmingham
« Reply #8 on: June 08, 2025, 04:47:50 pm »
With an issue date of 29th May, you have until 4pm on Tuesday 17th June to submit your defence. If you submit an Acknowledgement of Service (AoS) before then, you would then have until 4pm on Tuesday 1st July to submit your defence.

If you want to submit an AoS then follow the instructions in this linked PDF:

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

Otherwise, here is the defence and link to the draft order that goes with it. You only need to edit your name and the claim number. You sign the defence by typing your full name for the signature and date it. There is nothing to edit in the draft order.

When you're ready you combine both documents as a single PDF attachment and send as an attachment in an email to claimresponses.cnbc@justice.gov.uk and CC in yourself. The claim number must be in the email subject field and in the body of the email just put: "Please find attached the defence and 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 the claim in its entirety. The Defendant asserts that there is no liability to the Claimant and that no debt is owed. The claim is without merit and does not adequately disclose any comprehensible cause of action.

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 adequately set out the reason (or reasons) why the claimant asserts the defendant has breached the contract (or contracts)

(d) 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;

(e) The PoC do not state precisely how the sum claimed is calculated, including the basis for any statutory interest, damages, or other charges;

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

(g) The PoC do not provide clarity on whether the Defendant is sued as the driver or the keeper of the vehicle, as the claimant cannot plead alternative causes of action without specificity.

4. The Defendant attaches to this defence a copy of a draft order approved by a district judge at another court. The court struck out the claim of its own initiative after determining that the Particulars of Claim failed to comply with CPR 16.4. The judge noted that the claimant had failed to:

(i) Set out the exact wording of the clause (or clauses) of the terms and conditions relied upon;

(ii) Adequately explain the reasons why the defendant was allegedly in breach of contract;

(iii) Provide separate, detailed Particulars of Claim as permitted under CPR PD 7C.5.2(2).

(iv) The court further observed that, given the modest sum claimed, requiring further case management steps would be disproportionate and contrary to the overriding objective. Accordingly, the judge struck out the claim outright rather than permitting an amendment.

5. The Defendant submits that the same reasoning applies in this case and invites the court to adopt a similar approach by striking out the claim for the Claimant’s failure to comply with CPR 16.4.

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
Never argue with stupid people. They will drag you down to their level and then beat you with experience” - Mark Twain

muralinatesh

  • Newbie
  • *
  • Posts: 8
  • Karma: +0/-0
    • View Profile
Re: Appeal rejected for PCN from Buckingham street car park Birmingham
« Reply #9 on: June 12, 2025, 03:12:48 pm »
Hi,

I have tried to do AOS online but claim number and password given says incorrect.I tried to phone them and queue no is too high.So I have submitted the defence and draft order over email today.

Is it 14 calendar days from date of claim issue or 14 working days that I need to respond?

b789

  • Hero Member
  • *****
  • Posts: 6209
  • Karma: +256/-5
    • View Profile
    • GullibleTree
Re: Appeal rejected for PCN from Buckingham street car park Birmingham
« Reply #10 on: June 12, 2025, 04:28:26 pm »
The deadlines are as I gave them to you. You only need to submit the AoS if you need more time. The deadlines are Claim submission date plus 5 days for service plus any non-workdays if the 5th day is a non-work day and then 14 days for defence or 28 days with AoS.
Never argue with stupid people. They will drag you down to their level and then beat you with experience” - Mark Twain

muralinatesh

  • Newbie
  • *
  • Posts: 8
  • Karma: +0/-0
    • View Profile
Re: Appeal rejected for PCN from Buckingham street car park Birmingham
« Reply #11 on: June 12, 2025, 06:48:26 pm »
Thank you for the support.I will come back here once I have some update.
Like Like x 1 View List