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Hi all,
I have a live thread at both Pepipoo and MSE and have had some great advice from there, but have been signposted here for some extra advice with regards to a particular legal point.
Basically, I've received a CCBC claim form x2 for 4 old windscreen invoices from 2017, for two different locations in Greenwich Peninsula/North Greenwich - Phoenix Avenue and East Parkside.
Both of these areas I have successfully contested later windscreen invoices at PoPLA and won, and hoped this would be sufficient to draw a line under the matter, however Terry Szmidt and CCPC are not to be deterred it seems!
The specific question I wish to ask is with regards to who can take the claim to court.
The claim was issued by Terry Szmidt T/A Capital Car Park Control. This company no longer exists and the aforementioned person is now a director at Capital Car Park Control Ltd.
Since the previous sole trader operation ceases to exist, can he take me to court for this?
To further muddy the waters, the signs in the area, as well as the NtK and windscreen invoice are from Capital Carpark (one word) Control.
Given the court paperwork, would this be a point worth arguing, or would the court likely accept this as a mistake/typo?
I got a LBC from DBCLegal back in Feb of this year, got all the PCNs and photographic evidence helped by the PPC. In looking through my previous dealings with this company, I realised I had 2 or so invoices from the same area of North Greenwich - East Parkside. I appealed the 2nd of these PCNs to POPLA and it was decided in my favour (Jan 2017)
Similarly, I had 3 or so invoices from a different part of this area from the same PPC - Phoenix Avenue. Again, I contested the last of these to POPLA and the adjudicator found in my favour. (though looking back through my emails, this was actually with a different car which I was keeper to, so different registration but same name and address - in Jan 2018)
On this basis, I assumed that previous invoices wouldn't be enforceable on the basis they had already lost at POPLA from an almost identical timeframe
I therefore sent a strongly worded letter advising I intend to counterclaim their vexatious claim if they decide to pursue one against me on the basis it has already been successfully challenged at a higher authority. I didn't hear back from them since the end of February so I thought/hoped this would be the end of it.
I've read through information here and on MSE forums and I'm aware of the next steps, ie AoS and Defence.
Links to location:
https://www.google.com/maps/@51.4986......3312!8i6656
(East Parkside - April 2020)
https://www.google.com/maps/@51.5005......6384!8i8192
(Phoenix Avenue - March 2018)
I do also have some photos taken myself here of the signage:
https://ibb.co/album/0Q2fDp
I've set up an album for each invoice with the NtK, initial windscreen invoice and photos they've taken:
https://ibb.co/album/QkWRxh - East Parkside
https://ibb.co/album/qYFZFr - Phoenix Avenue
https://ibb.co/album/vxhD6W - Phoenix Avenue
https://ibb.co/album/hxrvnm - Phoenix Avenue
I have a live thread at both Pepipoo and MSE and have had some great advice from there, but have been signposted here for some extra advice with regards to a particular legal point.
Basically, I've received a CCBC claim form x2 for 4 old windscreen invoices from 2017, for two different locations in Greenwich Peninsula/North Greenwich - Phoenix Avenue and East Parkside.
Both of these areas I have successfully contested later windscreen invoices at PoPLA and won, and hoped this would be sufficient to draw a line under the matter, however Terry Szmidt and CCPC are not to be deterred it seems!
The specific question I wish to ask is with regards to who can take the claim to court.
The claim was issued by Terry Szmidt T/A Capital Car Park Control. This company no longer exists and the aforementioned person is now a director at Capital Car Park Control Ltd.
Since the previous sole trader operation ceases to exist, can he take me to court for this?
To further muddy the waters, the signs in the area, as well as the NtK and windscreen invoice are from Capital Carpark (one word) Control.
Given the court paperwork, would this be a point worth arguing, or would the court likely accept this as a mistake/typo?
I got a LBC from DBCLegal back in Feb of this year, got all the PCNs and photographic evidence helped by the PPC. In looking through my previous dealings with this company, I realised I had 2 or so invoices from the same area of North Greenwich - East Parkside. I appealed the 2nd of these PCNs to POPLA and it was decided in my favour (Jan 2017)
Similarly, I had 3 or so invoices from a different part of this area from the same PPC - Phoenix Avenue. Again, I contested the last of these to POPLA and the adjudicator found in my favour. (though looking back through my emails, this was actually with a different car which I was keeper to, so different registration but same name and address - in Jan 2018)
On this basis, I assumed that previous invoices wouldn't be enforceable on the basis they had already lost at POPLA from an almost identical timeframe
I therefore sent a strongly worded letter advising I intend to counterclaim their vexatious claim if they decide to pursue one against me on the basis it has already been successfully challenged at a higher authority. I didn't hear back from them since the end of February so I thought/hoped this would be the end of it.
I've read through information here and on MSE forums and I'm aware of the next steps, ie AoS and Defence.
Links to location:
https://www.google.com/maps/@51.4986......3312!8i6656
(East Parkside - April 2020)
https://www.google.com/maps/@51.5005......6384!8i8192
(Phoenix Avenue - March 2018)
I do also have some photos taken myself here of the signage:
https://ibb.co/album/0Q2fDp
I've set up an album for each invoice with the NtK, initial windscreen invoice and photos they've taken:
https://ibb.co/album/QkWRxh - East Parkside
https://ibb.co/album/qYFZFr - Phoenix Avenue
https://ibb.co/album/vxhD6W - Phoenix Avenue
https://ibb.co/album/hxrvnm - Phoenix Avenue
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