Received claim form from DCB Legal ref very old parking fine (2015)

[fleurh]

Hi there

Hoping you can help, I've been impressed reading through all the threads supporting people wanting to fight back over these hugely inflated fines from parking companies.

Here is the info about the claim form I've received: all guidance on replies much appreciated. Particularly over how I should acknowledge the claim form as I do not want to be in default, but equally don't want to admit something I shouldn't.

Received a claim? Yes:
Issue Date: 11 may 2021
Have you Acknowledged the Claim?: not yet
Total Amount Claimed : £300
Claimant’s Name: CP Plus Ltd T/A Group Nexus
Solicitors Firm: DCB Legal Ltd
Original Creditor: MOTO Chieveley? Not stated on claim form
Original Debt (eg. Credit card/Loan/Overdraft) : Uncertain as letters destroyed - probably less than £50
Particulars of Claim: Parked at Chieveley services to get off the A34 on a day when the entire motorway was at a standstill because of an accident. Was not able to leave the car park as the motorway was stationary, perhaps for 2 hours. Used the cafe and did some work instead. Assumed as it was a service station that there it was free parking for motorway users, but then started receiving PCNs, all of which I've ignored to now. TBH I missed the parking sign on the way into the services, otherwise I would have paid!
Is the debt Statute Barred (have you had any contact with the creditor or claimant over the last 6 years?): Not as far as I'm aware
List any letters you have sent (eg: CCA/ CPR ): None - I've made no contact with DCB/CP Plus
Any Other Information or Background Details: I've since changed my car so no longer in possession of the vehicle mentioned in the claim form. The notice states 'The driver agreed to pay within 28 days' which I certainly did not, having had zero contact with them.

[MIKE770]

ostell

[fleurh]

Quick update, I've posted in the 'Acknowledgement of Service' today (14th May) to avoid being judged in default.

Hi there

Hoping you can help, I've been impressed reading through all the threads supporting people wanting to fight back over these hugely inflated fines from parking companies.

Here is the info about the claim form I've received: all guidance on replies much appreciated. Particularly over how I should acknowledge the claim form as I do not want to be in default, but equally don't want to admit something I shouldn't.

Received a claim? Yes:
Issue Date: 11 may 2021
Have you Acknowledged the Claim?: not yet
Total Amount Claimed : £300
Claimant’s Name: CP Plus Ltd T/A Group Nexus
Solicitors Firm: DCB Legal Ltd
Original Creditor: MOTO Chieveley? Not stated on claim form
Original Debt (eg. Credit card/Loan/Overdraft) : Uncertain as letters destroyed - probably less than £50
Particulars of Claim: Parked at Chieveley services to get off the A34 on a day when the entire motorway was at a standstill because of an accident. Was not able to leave the car park as the motorway was stationary, perhaps for 2 hours. Used the cafe and did some work instead. Assumed as it was a service station that there it was free parking for motorway users, but then started receiving PCNs, all of which I've ignored to now. TBH I missed the parking sign on the way into the services, otherwise I would have paid!
Is the debt Statute Barred (have you had any contact with the creditor or claimant over the last 6 years?): Not as far as I'm aware
List any letters you have sent (eg: CCA/ CPR ): None - I've made no contact with DCB/CP Plus
Any Other Information or Background Details: I've since changed my car so no longer in possession of the vehicle mentioned in the claim form. The notice states 'The driver agreed to pay within 28 days' which I certainly did not, having had zero contact with them.

[fleurh]

I noted a reply from Ostell in Feb of this year on a similar case, and will start responding and building my defense based on this advice. I'll pop over to the service station today and get a pic of the parking charges notice to post.

I don't have any of the old PCNs so presumably I should go ahead and request them. As far as I recall they accurately recorded entry and exit but failed to take account of the fact that the motorway was at a standstill.

Thanks for any advice.

- Fleur

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They are not Fines, they are invoices for an alleged breach of Contract.

Do you have the original PCNs you received, if so post them up suitably redacted but leave dates. Otherwise CPR request to the solicitor for copies of the PCNs in question, Photos of the signs and terms and Conditions taken at the relevant time of the alleged breach, a copy of the contract allowing the claimant to operate on the land and issue charges, details of the how the additional damages sum was calculated.

SAR request to CP Plus for copies of all paperwork that they hold about you and your car.

Send first class post with a free certificate of posting from a post office.

SAR and CPR templates in the shortcuts panel on this page.

Yes, get that ack in to the court but nothing in the defence. You will then have 33 days from the date of issue to get your defence to the court.

<--------

[ostell]

Would be good to get confirmation of that blockage. Perhaps police, the motorway agency?

[fleurh]

Thanks Ostell. I'll try contacting both of these for their records at the time.

Meanwhile here's a pic of the parking sign at Chieveley from today. I don't know if it's changed from 2015. I see it says 'if you park you agree to pay'


20210514_132827.small.jpg

[fleurh]

Have just contacted the Highways Agency requesting info on the incident on the A34 that caused it to be blocked back in August 2015, the time it occurred and the time it was cleared. They will send my query to their Confirmation of Delays team and get back to me by email. As soon as I receive that I'll post it back here.

Will try the police too later.

Thanks Ostell

[ostell]

Don't miss the due date for your defence.

Mention the delay in your defence. Any documents you receive about it will go into your witness statement. The contract was frustrated due to events outside your control.

[fleurh]

I've spoken to Highways England today who will pass my query on to their archive team. Hopefully I'll hear from them by email within a couple of days.

Despite several hours trawling through the web I can't find anything definitive about the A34 being closed on the exact date of the PCN, so I hope that the Highways request produces results.

I also contacted Get Reading (local newspaper) who think this might be an interesting story and are asking their traffic team to dig out anything about the A34 being closed on that day. They think that this story might be worth writing up too - David and Goliath - we'll see. A bit of adverse publicity might help focus minds??

Thames Valley police have asked me to email in details but were unsure if there was anything they could do to help.

[fleurh]

Found the accident - a lorry hit the central reservation and closed the A34 southbound for most of the day. See link below

Despite several hours trawling through the web I can't find anything definitive about the A34 being closed on the exact date of the PCN, so I hope that the Highways request produces results.

Thames Valley police have asked me to email in details but were unsure if there was anything they could do to help.

[fleurh]

Hi Ostell

Can I just confirm the date that the defence submission must have arrived at court - I think it is date of service (issue date of 11th May + 5 days = 16th May) + 28 days = 13th June 2021? I have sent in the acknowledgement of service form. Thanks

[fleurh]

Just confirming that I've sent SAR and CPR today 1st class and have certificates of posting.

[ostell]

It's the lesser of 28 days from the acknowledgement or 33 days from the date of issue.

[fleurh]

Hi there

Quick update - as predicted elsewhere on the forum, I received a request for GDPR data clearance info before CP Plus would release anything to me. This landed just before the bank holiday 31st May and I sent the email with all the info back to them on 2nd June. In my email I noted that I have to provide a response by mid-June so I needed their response back by today (7th June).

Their form states that they are not bound by the 30 days until they receive back the GDPR info. This gives them a great get-out clause for never responding to anything within the required time!

I suppose I could ask for an extension could I?

Or perhaps I just go ahead and send in my defense anyway?

I have received a full notice regarding the A34 closure from Highways England, which I have uploaded below, this supports my position that I was unable to exit the services due to the closure.

[fleurh]

Hi Ostell

Thanks so much for all your help so far.

Assuming I'm not going to receive anything in time from Nexus, I'm going ahead and preparing my defense now, to be sent tracked 1st class post tomorrow.

Please advise on the following. All comments welcome!

Defence and Counterclaim form
1. Assume I tick the box 'I dispute the full amount claimed...'
2. I tick box 'No' to the question 'Did you dispute the claim because you have already paid it?'
3. Then I cam proposing to complete this box -- 'Defence:' as follows:

My defence is that the contract was frustrated due to events outside my control.

As noted in the log and email provided by Highways England, (see attached) the A34 experienced a severe incident involving a vehicle crossover on the day of the PCN (26/08/2015). This was originally notified at 07:11. By the afternoon clean-up was progressing, and it was at this point that the southbound carriageway began to move again, very slowly, and I was finally able to leave the service station.

I do not have exact times for entry and exit. Despite sending requests to CP Plus and DCB Legal for the detailed information in the PCN on 18th May 2021, all I have been sent is a follow-up request for more information in order to clear GDPR, received on the 28th of May (just before the bank holiday). Because CP Plus and Group Nexus assert they are not bound to respond before I need to submit my defense (by 13th June), I am having to submit this defense while not in full possession of the facts, i.e. what time did I park, and what time did I leave?

As this was nearly 6 years ago I cannot recall exactly these details.

I am honestly surprised and stunned to be hounded in this way by CP Plus/ Group Nexus for an obviously completely out of the ordinary situation, which must have affected all of the motorists parked at Chieveley on that day. Surely the incident on the A34 was recorded in their logs, and due diligence carried out before issuing parking fines to unwitting motorists such as myself?

(see also this link from ITV news: https://www.itv.com/news/meridian/st...load-of-boxes/)