Civil National Business Center Court Claim ?? From Parking Charge 2 years ago

[gewag]

Thank you vey much , So I can copy and past whole of the above using my references to pictures etc., also whom do I email this to as like you say the wording is to long , Also should I counterclaim ? Kind Regards

[des8]

If you wish to copy and paste do make sure the numbering at least is correct (I think in some places it is a bit "off").
This will be your defence so make sure you understand what it says, and check the references to various acts etc.

Do not include photos at this stage. They will come later when you write your witness statement.

Doesn't the form give an email address?
I think it should be :ClaimResponses.CNBC@justice.gov.uk, but you might try and check that with the court by phone (if they ever answer it)
Make sure you include the claim number in the subject bar, and the heading of the attachment
Also email a copy to the claimant, plus send them a hard copy (first class with free certificate of posting from post office)

[gewag]

If you wish to copy and paste do make sure the numbering at least is correct (I think in some places it is a bit "off").
This will be your defence so make sure you understand what it says, and check the references to various acts etc.

Do not include photos at this stage. They will come later when you write your witness statement.

Doesn't the form give an email address?
I think it should be :ClaimResponses.CNBC@justice.gov.uk, but you might try and check that with the court by phone (if they ever answer it)
Make sure you include the claim number in the subject bar, and the heading of the attachment
Also email a copy to the claimant, plus send them a hard copy (first class with free certificate of posting from post office)

I Found this one
" How do I email Mcol?
The certificate can be filed by post or preferably by email to mcol@hmcts.gsi.gov.uk ."

[gewag]

I will Email to both addresses ClaimResponses.CNBC@justice.gov.uk Plus mcol@hmcts.gsi.gov.uk and Print off a hard copy and will post to court plus DCB Legal ,The hard copy I will place photo evidence to prove no signage. With reference to MCOL Online do I respond with some sort of reply or just use email and post instead ? Thanks again!

[des8]

Do not include photos yet.
they will be included in your witness statement which is when you present your evidence

Do not send multiple copies to the court
It only confuses them, and I vaguely recall it causing problems
Phone them to ascertain the correct up to date procedure

[gewag]

Good Morning So I emailed and posted defence, Email has bounced back as not read !!

[des8]

If you posted to the court (first class with free certificate of posting from PO I trust) don't worry about the email bounce back.

Did you try phoning?

[gewag]

If you posted to the court (first class with free certificate of posting from PO I trust) don't worry about the email bounce back.

Did you try phoning?

Indeed I posted the Defence, as you said waste of time. I could see my life ebbing away waiting them to pickup

[gewag]

Good Afternoon So finally got email with SAR: as follows and also attached is a reply from the court, so if DCB Legal does not reply to court or us within the 28 day period I assume case closed?
Kind Regards Steve


SAR: ""DCB Legal also hold a copy of the Letter of Claim issued to you on 21^st May 2023. Any email correspondence you will already have copies of due to being either the sender or recipient of the correspondence.

Evidence in relation to the Parking Charge has been provided to you on the 7^{th of} November 2024.

Your data was transferred to DCB Legal by the instructing case Client, who are the Data Controller in the matter. Your data is processed based on "legitimate interest” which is detailed in Article 6 of GDPR. The personal data supplied by our Client is done so using a SFTP (Security File Transfer Protocol). This data is used to create individual cases and once this has been completed, the data is no longer available other than on our case management systems. DCB Legal does not store personal information for any longer than is necessary for its defined purpose.

As part of our due diligence checks, DCB Legal conduct searches to ensure that communications are issued to the correct individual at the most recent address. Tracing agencies instructed by DCB Legal carry out activities in line with instruction, contract and data protection laws, along with any applicable confidentiality and security measures. Our Privacy Policy can be found on our website.

DCB Legal have been instructed by Capital Car Park Control Limited, to instigate legal proceedings regarding an unpaid Parking Charge reference 5013800.

This is the extent of the personal data held on file by DCB Legal and this response concludes your SAR.
Kind Regards,""

[des8]

Your assumption regarding no response to the defence is incorrect: the case continues and you will need to prove your defence.
The claimant has to file a Directions Questionnaire form N180 with the court within 28 days to avoid the case being stayed.
That deadline is rarely missed!


Has the parking company replied to your SAR?

[gewag]

Your assumption regarding no response to the defence is incorrect: the case continues and you will need to prove your defence.
The claimant has to file a Directions Questionnaire form N180 with the court within 28 days to avoid the case being stayed.
That deadline is rarely missed!


Has the parking company replied to your SAR?

Afternoon Yes as follows Via Email :

SAR: ""DCB Legal also hold a copy of the Letter of Claim issued to you on 21^st May 2023. Any email correspondence you will already have copies of due to being either the sender or recipient of the correspondence.

Evidence in relation to the Parking Charge has been provided to you on the 7^{th of} November 2024.

Your data was transferred to DCB Legal by the instructing case Client, who are the Data Controller in the matter. Your data is processed based on "legitimate interest” which is detailed in Article 6 of GDPR. The personal data supplied by our Client is done so using a SFTP (Security File Transfer Protocol). This data is used to create individual cases and once this has been completed, the data is no longer available other than on our case management systems. DCB Legal does not store personal information for any longer than is necessary for its defined purpose.

As part of our due diligence checks, DCB Legal conduct searches to ensure that communications are issued to the correct individual at the most recent address. Tracing agencies instructed by DCB Legal carry out activities in line with instruction, contract and data protection laws, along with any applicable confidentiality and security measures. Our Privacy Policy can be found on our website.

DCB Legal have been instructed by Capital Car Park Control Limited, to instigate legal proceedings regarding an unpaid Parking Charge reference 5013800.

This is the extent of the personal data held on file by DCB Legal and this response concludes your SAR.
Kind Regards,""

[des8]

I read that email as coming from DCBL and not the parking company.

I wouldn't regard that email of 7/11 as including evidence!
So nobody has yet sent you copies of the documentation on which they will rely? interesting

[gewag]

I read that email as coming from DCBL and not the parking company.

I wouldn't regard that email of 7/11 as including evidence!
So nobody has yet sent you copies of the documentation on which they will rely? interesting

Hi a bit of history regarding the parking Co, I believe the private road did not belong to the so called parking Co The private road was a cut through between back of high road shops and a new Turkish Restaurant with the entrance to their car park on the cut through, The said owner of restaurant was known to be a bit unsavory to say the least and when the restaurant opened we believe (no Proof) they stuck up an ANPR camera and started to fine vehicles, some cars just drove through and got tickets not even stopping and people paid out of fear. The restaurant has now gone got closed down by local council July 2023 and funny enough the camera was taken down and no more parking fines or restrictions. The entrance to the cut through never had any signs only a tiny sign above a costa coffee sign to the left of the cut through blink and you would miss it, the wall to the right which belong to the restaurant had no signs at all. There was 2 proper signs at the very back of the cut through where there was allocated parking. But obscured if a car was parked there, so this is probably why the parking Co is not replying only the DCBL trying to still claim.

[des8]

Your defence puts them on notice re their authority to manage parking on that section of road.

Have you done a Land Registry search (https://www.gov.uk/search-property-i...-land-registry) to find the owner?
Cost £3 for proprietorship file & £3 for plan

[gewag]

Your defence puts them on notice re their authority to manage parking on that section of road.

Have you done a Land Registry search (https://www.gov.uk/search-property-i...-land-registry) to find the owner?
Cost £3 for proprietorship file & £3 for plan

Hi I did write to local authority as to whether the land was owned by them and only recently got a reply, was told source information through the land registry, The actual land doesn't have a postcode so I have the ordinance. The ex restaurant owner bought the property in 2019 sold 2023 the land was last sold 2016 but only the access road and a parcel of land around the back the restaurant building was not included . Steve


""Search for land and property information

Title register for:

688-690 (Even (Freehold)

Title number: NGL28513

Accessed on 27 November 2024 at 20:35:49

This information can change if we receive an application. This service can not tell you if HM Land Registry are dealing with an application.

This is not an official copy. It does not take into account if there’s a pending application with HM Land Registry. If you need to prove property ownership, for example, for a court case, you’ll need to order an official copy of the register.

Register summary

Title number

NGL28513

Registered owners

International Limited

Last sold for

£4,264,000 on 26 October 2016

This value covers more than just the land in this title

A: Property Register

This register describes the land and estates comprised in this title.

Entry number

Entry date

REDBRIDGE

1

1966-12-13

The Freehold land shown edged with red on the plan of the above Title filed at the Registry and.

2

2018-06-12

A new title plan based on the latest revision of the Ordnance Survey Map has been prepared.

3

2018-06-12

The land edged and numbered in green on the title plan has been removed from this title and registered under the title number or numbers shown in green on the said plan.

B: Proprietorship Register

This register specifies the class of title and identifies the owner. It contains any entries that affect the right of disposal.

Class of Title: Title absolute

Entry number

Entry date

1

2016-11-28

PROPRIETOR INTERNATIONAL LIMITED (Co. Regn. No. 09827891) of 413

2

2016-11-28

The price stated to have been paid on 26 October 2016 for the land in this title and in titles EX56449 and EX97465 was £4,264,000.

3

2016-11-28

RESTRICTION: No disposition of the registered estate by the proprietor of the registered estate or by the proprietor of any registered charge, not being a charge registered before the entry of this restriction, is to be registered without a written consent signed by the proprietor for the time being of the Charge dated 26 October 2016 in favour of Al Rayan Bank Plc referred to in the Charges Register or their conveyancer.

C: Charges Register

This register contains any charges and other matters that affect the land.

Class of Title: Title absolute

Entry number

Entry date

1

A Conveyance of the land in this title dated 15 November 1966 made between (1) Ind Coope (East Anglia) Limited (Vendor) and (2) Suburban and Mercantile Limited (Purchaser) contains the following covenants:- "THE Purchaser hereby covenants with the Vendor to the intent that this covenant shall enure for the benefit and protection of the said "……. and of every and every one of the other properties in the vicinity retained by the Vendor and that this covenant shall so far as may run with the land hereby conveyed into whosesoever hands the same may come that is to say that the said land or any buildings erected thereon or hereafter to be erected thereon shall not at any time hereafter be used as a club public house beer shop or for the sale of wines spirits malt or excisable liquors on or off the premises or for any other purpose which may require any licence for the sale of alcoholic liquors."

The land is subject to the following rights reserved by the Conveyance dated 15 November 1966 referred to above:- "EXCEPT AND RESERVING unto the Vendor its customers agents servants licensees and successors in title a full and free right (a) of passing and repassing with or without vehicles at all times and for all purposes over and along the access road referred to below and (b) of access to and from the

2

said access road either to and from the entrance marked X on the said plan or to and from one or more entrances on the eastern side of the said access road substituted for the said entrance marked X on the said plan or in addition to the said entrance marked X on the said plan such entrances to be in such places and in such numbers as the Vendor and its successors in title shall in its and their absolute discretion decide PROVIDED THAT any such works for the provision of entrances as may be carried out by or at the request of the Vendor after the initial laying out of the said access road by the Purchaser as hereinafter provided shall be carried out at the expense of the Vendor and the Vendor shall accept the responsibility of the Purchaser under Clause 3(b) hereof for the erection (but not maintenance) of any fences across any such entrances as may be closed and (c) a full and free right to park motor cars and other motor vehicles on the car park referred to below."

The parts of the land affected thereby are subject for the term of 60 years from 25 December 1966 to the following rights granted by a Lease of electricity sub-station sites lying to the north and west of the land in this title dated 9 March 1967 made between (1) Suburban and Mercantile Limited (Lessors) and (2) The London Electricity Board (Lessees):- "Together with full right and liberty for the Lessees and all persons authorised by them to go pass and repass over and along the land coloured brown and brown hatched green on the said plan Together also with full right and liberty for the Lessees to lay use and maintain electric lines with any conduits or pipes and other appurtenances thereto under the land coloured green and brown hatched green on the said plan and to break up the surface thereof so far as may be necessary from time to time for the purpose of laying electric lines under or over the

3

said land or of relaying repairing maintaining or removing any electric lines conduits pipes or other appurtenances so laid but so that the Lessees in exercising such rights shall not cause unnecessary damage to the said land and shall restore the surface thereof so far as practicable to its former condition." NOTE 1: The land coloured brown, coloured green and coloured brown hatched green referred to is tinted yellow, tinted mauve and tinted brown respectively on the title plan so far as it affects the land in this title. NOTE 2: Lease registered under EGL506452.

4

2011-08-17

The land is subject to the easements granted by a lease dated 5 July 2011 of ………d for a term of 15 years from 31 October 2010. NOTE 1: Copy filed under title number BGL83498 NOTE 2: The grant of the rights in the above lease has not been completed by registration in accordance with section 27 of the Land Registration Act 2002 and so does not operate at law.

5

2014-01-20

The parts of the land affected thereby are subject to the leases set out in the schedule of leases hereto. The leases grant and reserve easements as therein mentioned.

The land is subject to the easements granted by a lease dated 17 February 2016 of …………….. Road (ground floor shop) for a term of 10 years from and including 17 February 2016 ending on and including 16 February 2025.

6

2016-03-02

¬NOTE: Copy filed under BGL121637.

7

2016-11-28

REGISTERED CHARGE dated 26 October 2016.

8

2016-11-28

Proprietor: AL RAYAN BANK PLC (Co. Regn. No. 4483430) of 4 Stratford Place, London W1C 1AT.

9

2017-03-27

The proprietor of the Charge dated 26 October 2016 referred to above is under an obligation to make further advances. These advances will have priority to the extent afforded by section 49(3) Land Registration Act 2002.

10

Registration Date : 20.01.2014 Plan Reference : 1 (part of) Property Description : ……………… (Ground floor shop) Date of Lease : 31.07.2013 Term : 10 years beginning on and including 9.8.2013 Lessee's Title : BGL102199 NOTE: The lease comprises also other land""