County Court Claim Form for Penalty Charge Notice

[Robin9]

This morning I have received a County Court Claim for a Penalty Charge Notice from 28/06/2017 in a free parking car park. This is the first we have heard of the offence although exactly how I can prove that in court I don't know. On the day in question the driver is adjudged to have overstayed the time limit in a Costa Coffee Car Park. BW Legal are trying to claim £246.88 from us on behalf of Britannia Parking, something we cannot afford and something that seems incredibly unjust. I would appreciate any advice on what my next course of action is and how to fight this claim. Many thanks.

[ostell]

It is not a penalty or offence, it is a civil claim for an amount that the parking company allege you owe them for failure to comply with the conditions in the car park and sent you an invoice for that amount.

First thing is to edit your post so that the identity of the driver cannot be inferred. Use "the driver ....."etc. The driver parked, the keeper received the letter and is now handling things.

Acknowledge the claim online using the details and password on the form. Do not enter anything into the defence. This gives you 33 days from the date of issue to get a defence to the the court.

I presume that the claim is against the keeper

Has the keeper changed address at anytime and forgotten to notify the DVLA about changes to the details on the V5 registration form?

A SAR to Brittania asking for everything that they hold about you. A letter to BWL demanding that they provide copies of all the documents that they intend to use in court in order to reduce the issues between you, as expected by the court. As they must have the documents to hand in order to perform du diligence that the claim was valid and prepare the claim you expect copies of those documents within 7 days.

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

What does the particulars of claim actually say?

They can only claim from the keeper the amount of the original PCN, probably £100, + max of £50 for solicitors fees and £25 court fees.

[Robin9]

Thank you for getting back to me so soon.

Yes, the claim is against the keeper and no, the keeper has not changed address at anytime or forgotten to notify the DVLA about changes to the details on the V5 reg form.

Particulars of the claim say:

The Claimaint's Claim is for the sum of £100.00 being monies due from the Defendant to the Claimant in respect of a Parking Charge Notice (PCN) issued on 28/06/2017 (issue date) at 14:06:54 at Swindon - Lydiard Field.

They then list my registration and say: The terms of the PCN allowed the Defendant 28 days from the Issue Date to pay the PCN, but the Defendant failed to do so. Despite demand having been made, the Defendant has failed to settle their outstanding liability.

The Claim also includes Statutory Interest pursuant to section 69 of the County Courts Act 1984 at a rate of 8% per annum a daily rate of 0.02 from 28/06/2017 to 11/02/2019 being an amount of £11.88.

The Claimant also claims £60.00 contractual costs pursuant to PCN terms and conditions.

From your experience is this something that I am likely to win? Also by taking the action you suggest does this mean this is going to court and I risk getting a CCJ on my name?

[ostell]

You will only get a CCJ against your name IF you lose and IF you don't pay within a month.

You have received absolutely nothing about this previously, from Britannia or BW Legal? I'm wondering why they found your correct address for the claim form.

I don't know if it is too late to request the details from the details but an email to SubjectAccess.Requests@dvla.gov.uk asking for details of when your details were request and by whom. From a date starting with the alleged date of the parking. Lets see if they actually got the data in time.

They can't claim for that additional £60. Should be about £175.

[Robin9]

So, if I lose but pay within a month then I won't get a CCJ against my name?

I haven't received anything from Britannia or BW Legal otherwise I would have responded to it... but I'm assuming they will claim and be able to prove they sent it to my address? I also assume a judge will assume that I've just ignored anything they claim to have sent me? Bearing that in mind and that I can't prove they didn't send anything, am I fighting a losing battle?

I will contact the DVLA now to request who has requested my details and report back to you asap.

[ostell]

Don't forget those letters I suggested

As part of the preaction protocol they are supposed to give you 30 days notice

[Robin9]

Okay great thanks. Can you just clarify that I wouldn't get a CCJ against my name for just losing the case but for losing and not paying within a specific time period?

Also does Britannia Parking and BW Legal not have a duty to send their parking charge notices and legal threats to me by recorded delivery in order for it to hold up in court?

[ostell]

Confirmed that you do not get a CCJ recorded against you if you pay within a month. Suggestion is that take the cash to pay the claim if you lost and if you do lose pay it to the court immediately.

No they don't send signed for and do not have actual proof that they sent them.

[MIKE770]

28/06/2017 in a free parking car park. ? nearly 2 years ago???

[Robin9]

Yes, nearly two years ago and yes, in a free parking car park but with a two-hour limit.

I fail to see how they can enforce a two-hour limit... say for instance you wanted to buy and drink Costa Coffee all day why aren't you permitted to park there for as long as you want to stay in Costa? Also just how the DVLA are allowed to profit from passing on your information to these companies is beyond me!!!

Back to the issue though, I've had no response yet from the DVLA so will try calling them.

[ostell]

Costa probably have a hidden term in that if you register with them they will extend the time

[Robin9]

I am just going through acknowledging the claim online but not sure what to click about the defence... do I click defend all this claim; defend part of this claim or contest jurisdiction?

[ostell]

If you are fighting then "Defend All"

But nothing in the defence at this time

[Robin9]

Okay many thanks.

So just to update I have now done the following:

- Written to the DVLA to ask for who has requested what data and when about me
- Written to BW Legal asking for them to declare what documents on me they intend to use in court (Sent Royal Mail signed for)
- Written to Britannia Parking asking for them to send me all documents they have on me (Sent Royal Mail signed for)
- Written to the court to confirm I have responded online (Acknowledgement of Service) and also written to both BW Legal and Britannia Parking. I have also informed the court that I this is the first contact I have had from either company and that I wish for the court case to be relocated to my home town due to child care issues preventing me to attend in Northampton.

Can you now advise what my next step is please? I assume I need to wait for all of the above to respond initially.

Many thanks

[ostell]

DVLA email address for requesting who asked for your details and when is SubjectAccess.Requests@dvla.gov.uk You need to give them sufficient information to identify you as the registered keeper

You did send the request to Britannia as a SAR? They are obliged to respond within 30 days.

Don't worry about the court. Part of the process, at a later time, is to request the court you want to use. Northampton is just the central handling location. You completed the acknowledgment on line and that will be recorded, you should be able to see the status if you sign in again.. You next step will to submit your defence to the court so that it is received by the court before 33 days from the date of issue.

You write your defence as a Word (other word processors are available) document, search around for templates that you can use, and then send it via email to the court as a signed PDF document. The court send a copy of the defence to BWL.

Then BWL decide if they are going to continue with the case and then you get a Directions Questionnaire and this is when you select the court of your choice.

Since you don't have any documents then it will be difficult to write a device as you don't know what you are defending against, unless you get all the documents from Britannia and BWL.

First of all post up the Particulars of claim as a starting point.

Before you send your defence post here for critique. In all cases redact personal identifying data.