Author Topic: Reading Moto West - Did Not Receive Notice (Read 3614 times)

LemonTootski · « **on:** October 09, 2024, 09:06:43 am »

I hope you're well.

I've been extremely busy with a PhD project and traveling a lot, so I was surprised to find this notice in the mail. I vaguely recall parking or briefly driving through the Hampstead car park with my family one afternoon, but I was completely unaware of any Penalty Charge Notice (PCN) being issued at the time.

Upon opening the letter, I was shocked and quite stressed to see this unexpected notice.

I would like to contest the charge through the moneyclaim.gov website, and I believe I still have a few days left to do so. I’m seeking any advice you may have on how best to represent myself in this situation.

Additionally, I have no details regarding the case and was wondering if I can submit a Subject Access Request to obtain more information. If so, who should I address this to?

Now by searching through this thread, I also came across another post where someone parked in Hampstead Heath Car Park and did not receive a charge notice:
https://www.ftla.uk/private-parking-tickets/parking-ticket-didn't-arrive-in-the-post-hampstead-heath-car-park/msg39305/#msg39305

I wouldn't want to cannibalise that thread, so starting my own thread here.

Any guidance or support you can provide would be greatly appreciated.

Thank you in advance for your help:

DWMB2 · « **Reply #1 on:** October 09, 2024, 09:18:26 am »

The first thing you need to do is acknowledge service, online on the MCOL system. Leave the defence box completely blank when you do this, the defence will be sent by email at a later date.

You need to acknowledge service urgently.

LemonTootski · « **Reply #2 on:** October 11, 2024, 10:56:08 pm »

Hi,

Thanks for responding.

Can you advise more detail about filling out the MCOL online form?

What do I put in 'Defendant Details'
What do I put in 'Submit Claim / Claim Particulars'

Am I submitting a claim?

Sorry, just a bit lost here and don't want to shoot myself in the foot by putting anything I should'nt...

b789 · « **Reply #3 on:** October 12, 2024, 12:34:42 am »

Please, we only need to see the N1SDT Claim form. All the other forms can go in the bin. Please delete all the other images of the forms.

With an issue date of 26th September, you have until Tuesday 15th October to submit your Acknowledgement of Service (AoS). To submit your AoS, follow the advice in this PDF:

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

There is no advantage to delaying the AoS. Once the AoS has been submitted, you then have until 4pm on Tuesday 29th October to file your defence.

Let us know when you’ve submitted your AoS and we’ll provide a suitable defence and draft order that will be submitted as PDF attachments in an email to claimresponses.cnbc@justice.gov.uk.

LemonTootski · « **Reply #4 on:** October 13, 2024, 10:38:37 pm »

Hi B789.

Thanks For your info. I would have had no idea about this AOS, and probably would have made my situation worse by trying to fill out/fudge details erroneously.

Anyway. I have now submitted an Acknowledgment of Service.

Still i have no idea of how this claim against be came to be, nor received any tickets. Should I instigate a Subject Access Request?

Please feel free to advise what the next step is.

b789 · « **Reply #5 on:** October 13, 2024, 11:48:56 pm »

No SAR. I will get a defence for you tomorrow.

The Particulars of Claim have to satisfy CPR 16.4. They don’t which is why you have no idea what the claim is all about.

LemonTootski · « **Reply #6 on:** October 18, 2024, 01:25:04 pm »

Hi There b789,

I hope all is good.

Just touching base with this to see if there's any wording or info you can give for me to put in a defenc against this claim.

Any timely info would be most welcome.
Thanks in advance

Best

tootski.

b789 · « **Reply #7 on:** October 18, 2024, 02:52:18 pm »

Apologies for the delay and than you for reminding me. Here is the defence and below it a link to the Draft Order that goes with it:

Quote

IN THE COUNTY COURT
Claim No: [Claim Number]

BETWEEN:

[Claimant's Full Name] 
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 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 exactly how the claim for statutory interest is calculated;

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

(g) 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

You only need to edit the claimant name, your name and the claim number o the defence and then sign it by simply typing your full name for the signature and dating it. There is nothing to edit in the Draft Order.

Both documents must be attached to an email as PDF files. The email is sent to claimresponses.cnbc@justice.gov.uk and CC in yourself. The email subject must contain the claim number. In the body of the email simply state that attached is the defence and draft order in the matter of [claimant] v [your name] Claim No.:[claim number].

You must get an autoresponse from the CNBC.

LemonTootski · « **Reply #8 on:** October 20, 2024, 06:38:18 pm »

Thanks b789,

I have now emailed claimresponses.cnbc@justice.gov.uk with the two pdf'd documentation as you requested.

I have received the response:

Quote

ClaimResponses.CNBC<ClaimResponses.CNBC@justice.gov.uk>
Thank you for emailing the Claim Responses Team in the Civil National Business Centre. Please expect a response to your enquiry in 10 days.

I await to hear from them within 10 days.

Just for my own learning. Emailing the defence and draft order of defence, is the same as filling out the box in the MCOL government website, right?

Now that I've emailed them directly, I do not need to complete the MCOL form as well?

Best

Lemon

H C Andersen · « **Reply #9 on:** October 20, 2024, 06:55:13 pm »

Parking Charge is to your vehicle at MOTO READING WEST.

I think your instincts re SAR were correct because you clearly have no idea what this is about and the only way to address this IMO is to find out.

b789 · « **Reply #10 on:** October 21, 2024, 12:53:29 am »

You don’t want to touch the defence box on MCOL. It is has a character limitation and does not allow any formatting. You only use MCOL from now on to check the history until the claim is transferred to your local court.

Now that the claim has been filed, you could request a SAR but it doesn’t matter at this stage. If you are unable to plead a defence based on the PoC, then the claim should be struck out for failing to comply with CPR 16.4.

The defence submitted is based on that fact. Even if the claimant later tries to argue that you should have known anyway because they sent you a PCN is irrelevant. The rules say that the PoC must provide enough relevant information for you to be able to plead a defence.

The draft order will force the claimant to either send further, detailed, particulars of claim or they will discontinue. The claimant are serial litigators and are using a bulk litigation solicitor. They have no excuse for not complying with CPR 16.4. There is good, persuasive case law to back that up.

A SAR could take 30 days or more to arrive and will not help you, certainly at this stage, if at all.

H C Andersen · « **Reply #11 on:** October 21, 2024, 08:26:30 am »

A SAR could take 30 days or more to arrive and will not help you, certainly at this stage, if at all.

OP , if you're happy to play procedural games which you don't understand and with questionable prospects, then carry on. But if you'd rather find out what the hell the claim is all about- for all you know there might have been a numberplate misread and you have no liability- then I suggest you follow more mainstream actions.

Whether a SAR gets a response next week or in 28 days matters not IMO, unless you actually know what the hell this is about then you'll be blundering around in the dark.

DWMB2 · « **Reply #12 on:** October 21, 2024, 08:38:42 am »

Quote

OP , if you're happy to play procedural games which you don't understand and with questionable prospects

There are legitimate concerns that can and have been raised about the potential risks involved with the suggested defence (one of which being that if the judge were to decide the PoC are fine, then the 'defence' doesn't really set out any other grounds of defence).

If you have similar concerns you are perfectly entitled to set them out.

As a counterpoint to the 'questionable prospects' I would say, with this case involving DCB Legal, there's a pattern of behaviour established that would suggest that submitting this defence (and indeed frankly any defence) will lead to the case being discontinued.

b789 · « **Reply #13 on:** October 21, 2024, 10:49:11 am »

The defence provided has been drafted by a long, still serving, District Judge who sees and determines these kinds of claims from serial and bulk litigators every day. I'd take their advice about what is the best defence to use in these circumstances any day. Not a single one has even reached a hearing to date.

H C Andersen · « **Reply #14 on:** October 21, 2024, 11:35:17 am »

Fine. As long as an OP knows that this has nothing to do with the alleged breach itself nor does it fall within the scope of PoFA.

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Author Topic: Reading Moto West - Did Not Receive Notice (Read 3614 times)

LemonTootski

Reading Moto West - Did Not Receive Notice

DWMB2

Re: Hampstead Heath Car Park - Did Not Receive Penalty Notice

LemonTootski

Re: Hampstead Heath Car Park - Did Not Receive Penalty Notice

b789

Re: Hampstead Heath Car Park - Did Not Receive Penalty Notice

LemonTootski

Re: Hampstead Heath Car Park - Did Not Receive Penalty Notice

b789

Re: Hampstead Heath Car Park - Did Not Receive Penalty Notice

LemonTootski

Re: Hampstead Heath Car Park - Did Not Receive Penalty Notice

b789

Re: Hampstead Heath Car Park - Did Not Receive Penalty Notice

LemonTootski

Re: Hampstead Heath Car Park - Did Not Receive Penalty Notice

H C Andersen

Re: Hampstead Heath Car Park - Did Not Receive Penalty Notice

b789

Re: Hampstead Heath Car Park - Did Not Receive Penalty Notice

H C Andersen

Re: Hampstead Heath Car Park - Did Not Receive Penalty Notice

DWMB2

Re: Hampstead Heath Car Park - Did Not Receive Penalty Notice

b789

Re: Hampstead Heath Car Park - Did Not Receive Penalty Notice

H C Andersen

Re: Hampstead Heath Car Park - Did Not Receive Penalty Notice