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#Post#: 47602--------------------------------------------------
Appeal rejected for PCN from Buckingham street car park
Birmingham
DIR By: muralinatesh
Date: November 29, 2024, 7:08 pm
---------------------------------------------------------
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.
[attachment deleted by admin]
#Post#: 47617--------------------------------------------------
Re: Appeal rejected for PCN from Buckingham street car park
Birmingham
DIR By: RichardW
Date: November 30, 2024, 5:24 am
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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.
#Post#: 47618--------------------------------------------------
Re: Appeal rejected for PCN from Buckingham street car park
Birmingham
DIR By: b789
Date: November 30, 2024, 5:29 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.
#Post#: 48088--------------------------------------------------
Re: Appeal rejected for PCN from Buckingham street car park
Birmingham
DIR By: muralinatesh
Date: December 3, 2024, 12:25 pm
---------------------------------------------------------
Thank you for the detailed explanation. It is really helpful.I
will come back here once the claim form is received.
#Post#: 51717--------------------------------------------------
Re: Appeal rejected for PCN from Buckingham street car park
Birmingham
DIR By: muralinatesh
Date: January 2, 2025, 6:35 pm
---------------------------------------------------------
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?
#Post#: 51718--------------------------------------------------
Re: Appeal rejected for PCN from Buckingham street car park
Birmingham
DIR By: b789
Date: January 2, 2025, 6:53 pm
---------------------------------------------------------
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.
#Post#: 75372--------------------------------------------------
Re: Appeal rejected for PCN from Buckingham street car park
Birmingham
DIR By: muralinatesh
Date: June 8, 2025, 10:37 am
---------------------------------------------------------
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#: 75374--------------------------------------------------
Re: Appeal rejected for PCN from Buckingham street car park
Birmingham
DIR By: jfollows
Date: June 8, 2025, 10:41 am
---------------------------------------------------------
--- Quote from: muralinatesh link ---
>
> 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?
>
--- End Quote ---
Post a redacted version here.
#Post#: 75376--------------------------------------------------
Re: Appeal rejected for PCN from Buckingham street car park
Birmingham
DIR By: b789
Date: June 8, 2025, 10:47 am
---------------------------------------------------------
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:
HTML 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 ---
> [center]IN THE COUNTY COURT[/center]
> [right]Claim No: [Claim Number][/right]
>
> [center]BETWEEN:
>
> Secure Parking Solutions Ltd
> Claimant
>
> - and -
>
> [Defendant's Full Name]
> 
Defendant
>
>
---------------------------------------------------------
>
> DEFENCE[/center]
>
> 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:
>
> [indent](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.[/indent]
>
> 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:
>
> [indent](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.[/indent]
>
> 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:
--- End Quote ---
Draft Order for the defence
HTML https://www.dropbox.com/scl/fi/tcewefk7daozuje25chkl/Strikeout-order-v2.pdf?rlkey=wxnymo8mwcma2jj8xihjm7pdx&st=nbtf0cn6&dl=0
#Post#: 76216--------------------------------------------------
Re: Appeal rejected for PCN from Buckingham street car park
Birmingham
DIR By: muralinatesh
Date: June 12, 2025, 9:12 am
---------------------------------------------------------
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?
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