Author Topic: Civil Enforcement Ltd - N1SDT Claim form recieved for PCN isssued for Swanley Park parking in New Barn Rd  (Read 4403 times)

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Eryobotrya

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Hey guys,

This is rapidly turning into a nightmare. This is a 'legacy' case from Pepipoo, so we no longer have access to all our evidence, etc., and we have no back-up files coz the driver's mobile was returned to Vodafone for a repair under warranty. They 'succeeded' in wiping it clean for the period Sept 21-Sept 22 after a reset. That just happens to include the period when the signage fotos were taken, and those signs have since been changed after the car park changed hands!! Unbelievable. One disaster after another. Briefly, circs as follows:
1. Terms were £1.00 per hour, £3.00 for the whole day.
2. Driver didn't know how long she'd be there with young daughter, so she paid for an hr at a time.
3. Made her 3rd (and final) pymt around 15-20 mins late.
4. PCN issued for breach of their terms, even though she had paid the charge for the whole day.
5. The extant signs did not specify HOW the charge was to be paid, but we might have trouble proving that now.
6. The driver MISLAID the PCN and her POPLA apppeal code with it.
7. The PPC point blank refused to disclose it/issue a copy of the PCN.
8. PCN eventually found, but too late. The appeal period had elapsed.
9. LBA received around 6mnths ago.
10. I'll post up copies of N1 and whatever else I can find later today.

Meantime, I have to acknowledge service. For my info, should we assume that all Pepipoo data is permanently lost? The only thing that occurs is whether the driver might be able to access her fotos that were hopefully uploaded on a file sharing site.   

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b789

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Are the photos not stored in the cloud somewhere? What is the name of the location? There may be other posts about it here or over on MSE.

When you post the N1SDT claim, only redact your personal details, the claim number, the vehicle VRM and the MCOL password. Leave everything else showing, including the "issue date".

If you can, also show the original Notice to Keeper (NtK) to see how they've worded the claim compared to the original allegation and whether there is any keeper liability.

Here is a link to a PDF that explains how to do the Acknowledgement of Service (AoS):

https://www.dropbox.com/s/xvqu3bask5m0zir/money-claim-online-How-to-Acknowledge.pdf?dl=0
Never argue with stupid people. They will drag you down to their level and then beat you with experience” - Mark Twain

DWMB2

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I'd work on the assumption that PePiPoo is gone for good. The owners haven't been heard from for some time, and this site was set up due to the ongoing issues over on PPP.

Eryobotrya

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For the avoidance of any doubt, they are not my personal details. I wasn't the driver, but I get what you're saying re taking out any personal info.

As for the cloud, etc., I've asked the driver. She has yet to respond. When she does, I'll pass it on.

Eryobotrya

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Bummer on the PPP front.

Starting over again from scratch is a regular pain in the gluteus maximus.

Eryobotrya

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Does anyone here know who the owners are? Data dump request from, say, Jan. 2021 or 22 out of the question or not possible?

Eryobotrya

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AoS filed. I'll see what docs I can find while the driver gets her act together.

DWMB2

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As I said previously, the owners of PePiPoo haven't been heard from for a long time - this isn't due to nobody trying to contact them.

Some of PPP might have been archived by the WayBack Machine but given there are over 20 years of posts on there the chances yours will have been archived is slim. Your efforts are probably better focused on the matters in hand.

Eryobotrya

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Understood DW, which is why I thought a dump of the last 2-3 yrs might be feasible if contact could be established, but ok, looks like a non-starter.

If I can't find the NtO, can I make it the subject of a CPR31.14 request?

b789

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Quote
NtO

You are dealing with a PPC. Are you referring to a Notice to Driver (NtD) windscreen PCN or a Notice to Keeper (NtK) postal PCN?

An NtO is normally issued for a statutory offence which is nothing to do with private parking unless, maybe, a Penalty Notice has been issued at a railway station by either APCOA or SABA.

Show us the N1SDT claim form, redacting only your personal details, the claim number, the VRM and the MCOL password. Leave everything else, especially the "issue date" and the Particulars of Claim (PoC). You most likely don't need the original NtK and if you really think you do, you can SAR it from the claimant.
« Last Edit: September 24, 2024, 06:54:42 pm by b789 »
Never argue with stupid people. They will drag you down to their level and then beat you with experience” - Mark Twain

Eryobotrya

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It was received through the post.

If I don't find it, can I SAR it before I file the defense?

Eryobotrya

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So NtK then. Been a while, so a bit rusty on the jargon.

b789

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You don’t need the NtK to file your defence. Imagine that you had no idea about the PCN and the very first you knew anything was when you received the Claim form.

You are supposed to be able to plead a defence based whatever is in the Particulars of Claim (PoC). Can you? Obviously not, because the PoC are woefully inadequate and do not comply with CPR 16.4.

There is good, recent persuasive case law where claims are struck out for failing to plead the claim properly. The defence we provide is short and provides a draft order for the judge to order the claimant to provide further PoC. It is an order that no claimant has successfully managed to comply with to date.
Never argue with stupid people. They will drag you down to their level and then beat you with experience” - Mark Twain

Eryobotrya

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Noted. And that sounds encouraging. On the NtK, I thought I was following your advice:

Quote
If you can, also show the original Notice to Keeper (NtK) to see how they've worded the claim compared to the original allegation and whether there is any keeper liability.

For example, what if the NtK itself was also non-compliant? Doesn't that add grist to the defense? Anyroad, too late now. Ready to hit the sack. I'll post up the redacted N1 later this AM. And I still wanna find that NtK regardless, but won't spend/waste too much time looking for it.

If I can't find it, then SAR it is.
« Last Edit: September 25, 2024, 01:58:38 am by Eryobotrya »

Eryobotrya

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Can s/one give me the link for uploading images please?

Thx.