Any thoughts? CC Claim re CP Plus PCN @ Roadchef May 2018

[Careworker20]

Hello there

I wonder if anyone is able to give a second opinion on a CC claim over an old PCN? I have filed acknowledgement through MoneyClaim and my husband emailed through a GDPR request to CP Plus last week, but I don't hold out much hope of them getting back quickly. I’m thinking we should just pay the amount claimed to make this go away, but I hate to roll over.

My husband is named as defendant in the above claim for a parking charge from May 2018 because he is liable ‘as the driver or keeper’ of the vehicle. Location - Roadchef Clackett South.

We have since moved, so CP Plus must have done another search to get the new address of the keeper of the vehicle. Claim Form is dated 27^th July.

There is no memory or evidence unfortunately of when the first letter arrived, what any of the previous letters said, or how visible the Clackett South signage was at night in 2018.

Does anyone have any thoughts on what the chances might be of getting this discontinued? Or would it be wise to just pay the claim at this point before more costs are added? I am a carer and due to the pandemic my husband's income is almost non existent at the moment, we would struggle to pay a bigger amount.

With appreciation and thanks in advance.

[ostell]

The 9nly additional charges would be a hearing fee of £25.

They have 30 days to respond to a SAR. Send a CPR 31.14 request to DCBL. Template in shortcuts panel. Not all applies.


You now prepare your defence

You mention the unclear particulars of claim

You query the £35 court fee as this is only £25 on line

you also query the additional charges over and above the what would have been a £100 maximum charge. This is an attempt to claim more than they are entitled to an is an abuse of process. Read Excel v Wilkinson https://www.dropbox.com/s/16qovzulab...inson.pdf?dl=0

query the interest as it has increased solely because of their tardiness in raising a claim

[Careworker20]

Hello Ostell, I am so grateful for your response.

£25 is worth it, for the chance of at least being a slight thorn in the side. It shouldn't always go their way.

Just to clarify - in the CPR 31.14 request, I can only ask for the contract, as that's all that's mentioned in the claim? Could I ask what part/s of the contract were alleged to be breached, or would that make no sense?

Many thanks

[Careworker20]

Ok, thank you, that makes sense. I'll also ask for the 'requests' referenced in the Claim Form.

[ostell]

And the PCNs.

The contract is created by the signs so you want images of all the signs taken at the relevant time.

[Careworker20]

Hello there. Just wondering if it's possible to ask another question regarding the CPR 31.14.

I sent it recorded on the 7th so it would have been received on Monday 9th. A week from then is today.

We had a letter of acknowledgement of the CPR 31.14 request dated 11th, in which DCB Legal say: "we will proceed to request the evidence from our client CP Plus Ltd T/a Groupnexus and respond with this in due course".


Today's post has arrived and there is nothing from the solicitors.

I'm just checking it is now appropriate for me to complete form N244?

Many thanks

[MIKE770]

slow down!

[ostell]

You are now preparing your defence.

The claim is unclear and fails to give full details
The solicitor have failed to provide information about the documents as they do not have them but have raised a claim without havinf the details to hand.

[Careworker20]

Thank you, that's why I'm asking. I'll just work on the defence for now then (I have until the 30th).

I was going from the steps mentioned here https://legalbeagles.info/library/cp...c-information/

[Careworker20]

Hello again. Sorry to keep asking for help. Could anyone offer some feedback on the following draft? Huge thanks. NB The deadline is the 24th not the 30th - for some reason I was thinking it was 28 days from the AoS, not the date of claim.

[ostell]

Response by the lesser of 28 days from ack or 33 days from date of issue

9) You have identified the driver and therefore POFA is of no use.

7) the additional charges are covered here: https://www.dropbox.com/s/16qovzulab...inson.pdf?dl=0
You object to the amount of interest as the sum has been increased by their tardiness in bringing the case.