Professional Documents
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Edited Witness Statement Claimant
Edited Witness Statement Claimant
BETWEEN: -
-V -
JORDAN ETTE
DEFENDANT
I, Walton Wilkins, of Office 3, Block 4 Mint Drive, Hockley, Birmingham, B18 6EA, state as follows: -
1. I am a Sole Trader, employed by Walton Wilkins T/a Premier Parking Logistics (“my Company”). I
am duly authorised to make this Statement on my Company’s behalf.
2. I make this Statement in support of the Claimant’s Claim and in response to the Defence.
3. The facts and matters set out in this statement are within my own knowledge unless I state otherwise.
I believe them to be true. Where I refer to information supplied by others, the source is identified.
Facts and matters derived from other sources are true to the best of my knowledge and belief.
Parties
4. My Company provides private car park management services to private landowners, to manage the
way motorists are permitted to park on their private land. My Company does so by issuing parking
charge notices to any vehicle parked in a way the landowner does not permit.
5. The Defendant is the recipient of a parking charge notice (“PCN”) issued by my Company. The
details are set out herein.
6. At all material times, my Company was accredited by the Accredited Trade Association (“ATA”)
known as the International Parking Community (“IPC”). The IPC has a Code of Practice (“Code”)
that its members are expected to adhere to, or otherwise face potential sanctions. My Company
operates in accordance with the Code
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7. In order to obtain Registered Keeper details from the Driver and Vehicle Licensing Agency
(“DVLA”) my Company must be a member of an ATA. It is therefore essential for my Company to
comply with the Code.
Background
8. My Company issued a PCN (“Charge”) to the Vehicle (“Vehicle”) with details listed below:
TABLE 1
PCN No. Location (“Land”) VRN Issue Date Reason for Issue
300640 Gateley Road, Oldbury, B68 0NR SV63MHN 12/02/2018 No Permit
9. At the time of issue, my Company was instructed by the owner of the Land (“Landowner”) to
manage parking on the Land. A copy of my Company’s agreement with the Landowner
(“Landowner Agreement”) is exhibited to this Statement at “EXHIBIT 1”.
Contract
10. At the time of issue, my Company was prominently displaying signs on the Land setting out the
Terms of parking. A copy of the content of the signs is exhibited to this Statement at “EXHIBIT 2”.
The signs formed the basis of the Contract with the driver (“Contract”).
“Parking is permitted for vehicles: displaying a valid permit within the windscreen with permit
clearly on view”.
12. In parking the Vehicle on the Land, the driver accepted the Contract, with the license to park being
the Consideration. It is evident from the photographic evidence exhibited to this Statement at
“EXHIBIT 3” that the Vehicle was parked on the Land.
13. The Contract provides that a charge is payable by the driver upon breach, with payment falling due
within 28 days.
14. A plan of the Land (“Plan”) showing the positioning of the signs is exhibited to this Statement at
“EXHIBIT 4”.
15. A copy of the Notice to Keeper is exhibited to this Witness Statement at “EXHIBIT 5”.
Defendant’s Liability
16. Pursuant to the Contract; the Driver was liable to pay the Charge within 28 days of issue.
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17. In order to issue, my Company requests the details of the Registered Keeper from the DVLA. Upon
receipt of those details, a Parking Charge Notice is sent to the Keeper via the post in accordance with
Section 9 of Schedule 4 of the Protection of Freedoms Act 2012 (“POFA”). Because the Driver
failed to respond or make payment, my Company issued a Notice to Keeper. Copies are exhibited at
“EXHIBIT 5”.
18. The Defendant admits being the Driver of the Vehicle. My Company has complied with POFA and
can pursue the Defendant as Keeper in the alternative.
Defence
19. The case is simple. The Vehicle was recorded on the Land without displaying a valid permit and was
therefore parked in breach of the Terms of parking on the Land which state, “parking is permitted
for vehicles: displaying a valid permit within the windscreen with permit clearly on view”. There can
be no reason, other than to frustrate the matter, why the Defendant has submitted an 18 paragraph
legally complex defence in response to that.
20. The Defendant was afforded a 21-day period in which they could appeal, and I am instructed they
did not. The potential next step was clearly communicated to the Defendant in notices. It is
respectfully submitted that if the Defendant genuinely believed the Charge had been issued
incorrectly, they would have engaged with the appeals process further.
21. If there was any doubt regarding their liability, the Defendant has had ample time to challenge the
Charge or request evidence in support. Despite correspondence being sent to the Defendant by a debt
collection agency and a Letter of Claim being issued in accordance with the Pre-Action Protocol for
Debt Claims, no challenges have previously been raised. A copy of the Letter of Claim is exhibited
at “EXHIBIT 6”.
22. The Defendant responded to the Letter of Claim and was given 30 days from the date of DCB
Legal’s response to pay the outstanding balance. Copies of the correspondence is exhibited at
“EXHIBIT 7”. The Defendant failed to address the matter despite having further time to do so.
23. The Defendant has filed a widely available templated Defence, rather than dealing with the
substantive issues. It is submitted the this is disingenuous and a waste of both the Court’s and my
Company’s time.
24. Notwithstanding the above, I respond to the issues raised in the Defence by way of sub-headings as
follows (as the defence is quite repetitive, I will only deal with each point once, but for the avoidance
of doubt nothing within the defence is accepted unless I specifically state otherwise): -
The Contract
i. The Defendant alleges that there is no contract between them and my Company. It is my
Company’s position that there is and the details of which are set out above. Parking Eye -v-
Beavis established that this form of contract is perfectly workable;
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Defendant’s Allegations
ii. The Defendant alleges they were unaware of the parking restrictions on the Land. It is not
unreasonable for my Company to expect the Defendant to exit their Vehicle to familiarise
themselves with the Terms of parking. The signs can be seen in close proximity to the
Vehicle in the image at “EXHIBIT 3”;
iii. The Terms on the signs were adequate in respect of overall size, font size, plain English,
location and content. The Plan demonstrates where the signs were located and it is submitted
they are adequate to constitute notice of the Terms to the Driver. If the Defendant did not
understand the Terms on the signs, they should have exited the land and found alternative
parking;
iv. The signs clearly outlined the Terms of parking and the Defendant was on notice of the
Terms upon entering the Land. By parking on the Land, the Defendant accepted the Terms.
These Terms state that if breached, the Defendant agrees to pay within 28 days of issue;
v. In respect of the ‘rules’, as per Schedule 2 of the Consumer Right Act 2015, specifically
referred to: -
Rule 6 – It is submitted the sum is not disproportionate for the reasons set out within the
‘amount claimed’ section of this Statement, nor is it ‘compensation’.
Rule 10 – As is evident from the Plan, signs were displayed throughout the Land. The
Driver was aware of the fact that parking was managed from the point of entering the
Land and could leave if they did not agree to the Terms. It is not unreasonable for the
Driver to need to potentially walk no more than 10 meters to fully familiarise
themselves with the full Terms. This would have all happened before the conclusion of
the contract.
Rule 18 – The fact the Driver was able to park means my Company fulfilled its
obligations.
vi. The Terms clearly stated what would happen if payment was not made: -
“Non-payment will result in additional charges which will be added to the value of the
charge and for which the driver will be liable on an indemnity basis”.
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With no concession made in this regard, if a Driver ever does not understand the Terms on
the signs, they can exit the land and find alternative parking. They are under no obligation to
park on the Land.
vii. The phrase ‘double recovery’ suggests the same amount is being recovered twice. This is not
what is claimed, as explained later in this Statement
CPR Compliance
viii. The Defendant questions whether the Particulars of Claim comply with the Civil Procedure
Rules. I submit that the Claim was issued via the County Court Business Centre and in this
regard, I refer to Practice Direction 7E (“the PD”) which specifically provides the guidelines
for doing so. I respectfully submit that the Particulars of Claim (“the Particulars”) are in
keeping with the PD. The following sections are of relevance: -
5.2(1) provides a limited character count for the Particulars of Claim; and
5.2A stipulates that the requirement in paragraph 7.3 of Practice Direction 16 for
documents to be attached to the particulars of contract claims does not apply to claims
started using an online claim form.
ix. It is my Company’s position that the Particulars were sufficient to allow the Defendant to
identify the subject matter of the Claim. The Defendant could not have submitted a Defence
with the detail it contains if the Particulars were so insufficient as to prevent them from
understanding the claim. Further, with respect, if the Defendant were of the genuine belief
that the Particulars of Claim were insufficient, the correct procedure would have been to
make an Application to the Court. The Defendant has chosen not to do so;
x. In addition to the above, I also refer to CPR 1 and respectfully remind the Defendant of their
obligation to deal with the case justly and at proportionate cost. Bearing in mind the claim
amount, my Company has taken proportionate steps to recover the debt;
xi. In respect of the Defendant’s allegation that the claim is a penalty, my Company is not
seeking more than the original charge as the core debt. The core charge remains the same for
each PCN (i.e. £100); however, my Company is now also seeking further costs/damages;
xii. My Company is instructed to manage the Land, the Landowner agreement previously
referred to in this statement confirms this. My Company’s legitimate interest is to fulfil this
obligation. The Landowner’s legitimate interest in managing the Land is parking is permitted
for valid permit holders only. Because there is a clear legitimate interest/commercial
justification, the same as that established in ParkingEye -v- Beavis [2015], this case does not
fall foul of the penalty rules established in that case;
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xiii. The amount charged is in line with the guidelines given by the ATA. Part E, Schedule 5 of
the COP states “Parking charges must not exceed £100 unless agreed in advance with the
IPC”. It is my Company’s position there is no requirement for the amount of the charge to
bear any relevance to the actual or potential cost of parking. The PCN is a fee charged by my
Company for providing the service and it stays within the guidelines given by the ATA. As
with many other ‘services’; the service provider is entitled to charge as they deem
appropriate;
xiv. The PCN was not paid within the prescribed 28 days or indeed at all. In view of this the sum
of £60 is also claimed as a contractual cost pursuant to the Contract which states “non-
payment will result in additional charges which will be added to the value of the charge and
for which the driver will be liable on an indemnity basis”. The Defendant was on notice of
the fact that the outstanding amount may increase as a result of any necessary debt recovery
action. In support I draw the Court’s attention to paragraph 45 of Chaplair Limited v Kumari
[2015] EWCA Civ 798 whereby, when considering contractual indemnity costs, it was stated:
-
“There is nothing … which enable[s] the rules to exclude or override that contractual
entitlement and I therefore agree with Arden LJ that the judge had the jurisdiction to
assess the costs free from any restraints imposed by CPR 27.14”;
xv. The sum added is a contribution to the actual costs incurred by my Company as a result of
the Defendant’s non-payment. My Company’s employees have spent time and material
attempting to recover the debt. This is not my Company’s usual business and the resources
could have been better spent in other areas of the business, generating profit. Had the
Defendant of paid as per the Contract, there would have been no need for recovery action so
the amount due would not have increased;
xvi. With respect of Parking Eye -v- Beavis [2015], whilst it is accepted the original charge is
designed to include the ‘operational costs’; this was with reference to maintaining the land,
taking payment or sending the relevant POFA compliant notices. It was never intended to
include the need to pursue the debt in Court to recover it. If that were the case, it would
override the Civil Procedure Rules (allowing fixed costs and recovery of court fees) which of
course is not the case. The Defendant has misunderstood the phrasing ‘operational costs’;
xvii. Within paragraph 16 of the Defence, the Defendant alleges my Company has failed to adhere
to the Landowner's definitions, exemptions, grace period, hours of operation and instructions
to cancel charges due to complaints. The Defendant is a third party to the Landowner
Agreement. Privity of contract applies;
Dismissal of Claim
xviii. The recent successful appeal in Britannia Parking Group Ltd v Semark-Jullien [2020] EW
Misc 12 (CC) (29 July 2020) found that the inclusion of the debt recovery charge in the
claim does not fall foul of the decision of Parking Eye Ltd v Beavis [2015] UKSC 67,
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because that was not the point in discussion in that case. The appeal also concluded that the
inclusion of such a charge in a claim of this type does not constitute an abuse of process that
would allow for the entire claim to be struck out.
25. In view of the above, it is my Company’s position that the Defendant breached the Contract as set
out in this Statement and as such the Defendant is liable.
Conclusion
CPR Costs
26. My Company claims the claim issue fee, fixed costs pursuant to CPR 45, and the hearing fee in any
event.
27. In the alternative to the contractual costs set out above, my Company reserves the right to claim
additional costs pursuant to CPR 27.14(2)(g). This claim was issued as a last resort, and given the
robust appeals procedure in place, should not have been necessary. It is my Company’s position that
this is unreasonable behaviour and it is respectfully requested that the Court considers whether they
conclude the same.
28. It is my respectful submission that the Defence is entirely without merit and as such it is requested
that the Defence is struck out and Judgment awarded in favour of my Company, payable forthwith.
29. I may not be able to attend the hearing. Should this be the case, I will instruct an advocate to attend
on my behalf and ask that the Court accepts this as my written notice given pursuant to CPR 27.9(1).
Should I be unable to attend, I request the Court decides the claim in my absence, taking into account
this Statement and any other evidence I may file. This paragraph demonstrates my compliance with
paragraphs (a) and (b) of CPR 27.9(1).
30. In the event an advocate does attend the hearing, I request their fee be added to the amount sought.
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IN THE COUNTY COURT AT MANCHESTER CLAIM NUMBER: H0KF6760
BETWEEN
-V -
JORDAN ETTE
DEFENDANT
Ref: 101789.1405D
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IN THE COUNTY COURT AT MANCHESTER CLAIM NUMBER: H0KF6760
BETWEEN
-V -
JORDAN ETTE
DEFENDANT
Ref: 101789.1405D
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I
ffi ffiI
Premier Parking Logistics
PRIVATELAND
CONTROLLED PARKING ZON E 24HR OPERATION
THIS SITE IS MANAGED AND OPERATED BY PREMIER PARKING LOGISTICS
PARKING IS PERMITTED FOR VEHCLES:
,NO
PARKING'ZONES MUST BE ADHERD TO. NO PARKING ON YELLOW I
RED LINES OR IN AN AREA MARKED RESERVED. NO OBSTRUCTIVE OR
INCONVENIENT PARKING.
Breach of ANY term or condition will result in the driver being liable for a
Parking charges are to be paid within 28 days. Additional parking charges apply for each 24 hour period, or part
thereof, that the vehicle remains in breach or if it returns at any time. Terms and conditions apply 24 hours a day, all
year round. Where a parking charge becomes due an application may be made to the DVLA for the keeper's details.
Non-payment will result in additional charges which will be added to the value of the charge and for which the driver
will be liable on an indemnity basis. Automatic Number Plate recognition may be in use. lmages may be captured and
retained for enforcement purposes. We are not liable for any loss or damage howsoever caused to any person or
property whilst on this site save under any statutory exceptions,
Managed by: Walton Wilkins Trading as [Premier Parking Logistics, 759 The Big Pegg, 120 Vyse Street, Birmingham,
Telephone [0121 235 1878].
B18 6NFl. Website: wvUyt,plgglg1pCfbllCleC1stiqs.lo.4
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IN THE COUNTY COURT AT MANCHESTER CLAIM NUMBER: H0KF6760
BETWEEN
-V -
JORDAN ETTE
DEFENDANT
Ref: 101789.1405D
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IN THE COUNTY COURT AT MANCHESTER CLAIM NUMBER: H0KF6760
BETWEEN
-V -
JORDAN ETTE
DEFENDANT
Ref: 101789.1405D
18
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IN THE COUNTY COURT AT MANCHESTER CLAIM NUMBER: H0KF6760
BETWEEN
-V -
JORDAN ETTE
DEFENDANT
Ref: 101789.1405D
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Parking Charge Notice
DO NOT IGNORE THIS NOTICE
We have issued Parking Charge Notice (PCN) 300640 to your vehicle because it
was parked in a manner whereby the driver became liable for a parking charge
at Gateley Road Oldbury B68 0NR that we are authorised to manage on the
2nd February 2018 at 08:39. The terms and conditions of parking on this
private land are clearly set out on the signage installed within the car park. By
parking within this car park the driver is bound to these terms and conditions and
liable to pay a charge if they breach these terms and conditions.
We have requested your details from DVLA as the registered keeper of the
vehicle (through the Reasonable Cause criteria of pursuing an outstanding
parking charge).The reason we issued the PCN to the vehicle is as follows: No
Permit
We, the Creditor, now request this amount is paid using one of the payment
methods described overleaf. If you were not the driver of the vehicle, you may
notify us (in writing using the form attached) of the name of the driver and a
current address for service for the driver and pass this Notice on to the driver.
You are advised that if, after the period of 28 days beginning with the day after
that on which this notice is given – the amount of the unpaid parking charge
specified in this notice has not been paid in full, and we do not know both the
name of the driver and a current address for service for the driver, under
Paragraph 9(2)(f) of Schedule 4 of the Protection of Freedoms Act 2012 we will
have the right to recover from the keeper so much of that parking charge amount
as remains unpaid. The case will then be passed to our Debt Recovery Agent
which may escalate to court proceedings to recover the amount owed.
Address:
Post Code:
We recently issued Parking Charge Notice (PCN) 300640 to your vehicle because on 2nd February 2018 at
08:39 it was parked in a manner whereby the driver became liable for a parking charge at Gateley Road,
Oldbury B68 0NR that we are authorised to manage by our client. This PCN was issued on the 12th
February 2018 and has not been paid. The reason we issued the PCN to the vehicle is as follows: No
Permit.
A Parking Charge Notice (Notice to Driver) was affixed to the windscreen of the vehicle at the Issued Time.
This charge relates to the period of parking that immediately preceded the issue of that Notice, the charge
having been incurred for the reason as stated above and liability for the same having been brought to the
attention of the driver by clear signage in and around the site at the time of parking. We have requested
your details from DVLA as the registered keeper of the vehicle (through the Reasonable Cause criteria of
pursuing an outstanding parking charge).
We, the Creditor, now request this amount is paid using one of the payment methods described overleaf. If
you were not the driver of the vehicle, you should notify us (in writing using the form attached) of the name
of the driver and a current address for service for the driver and pass this notice on to the driver.
You are advised that if, after the period of 28 days beginning with the day after that on which this notice is
given – the amount of the unpaid parking charge specified in this notice has not been paid in full, and we do
not know both the name of the driver and a current address for service for the driver, under Paragraph
9(2)(f) of Schedule 4 of the Protection of Freedoms Act 2012 we will have the right to recover from the
keeper so much of that parking charge amount as remains unpaid. The case will then be passed to our Debt
Recovery Agent which may escalate to court proceedings to recover the amount owed. The overdue charge
will increase to £160.00 in the first instance of further action.
Operating in accordance with the International
Parking Community’s Code of Practice.
Address:
Post Code:
BETWEEN
-V -
JORDAN ETTE
DEFENDANT
Ref: 101789.1405D
25
Direct House, Greenwood
Drive, Manor Park, Runcorn,
Cheshire, WA7 1UG
E: [email protected]
T:
DX: 23457 Runcorn
DCB002/LBA-606/005860/56
Jordan Ette
79 NEW COPPER MOSS
ALTRINCHAM
CHESHIRE
WA15 8EG
LETTER OF CLAIM
We act on behalf of Walton Wilkins T/a Premier Parking Logistics and write in respect of an unpaid
parking charge(s). This is a formal Letter of Claim in accordance with the Pre-Action Protocol for Debt
Claims.
BASIS OF CLAIM
We act on behalf of nothing being populated and write in respect of an unpaid parking charge(s).
The vehicle with registration number SV63MHN ("the Vehicle") was parked on private land ("the Land")
This isora managed
owned formal Letter of Claim
by our Client.inThe
accordance with the
signs displayed onPre-Action
the Land setProtocol
out thefor Debtand
Terms Claims.
Conditions of
parking (i.e. "the Contract"). The Vehicle was parked on the Land in breach of the Contract and as such a
BASISCharge
Parking OF CLAIM Notice(s) ("PCN") was issued. It is our Client's position that you are liable as the Keeper or
Driver. The details of the PCN(s) can be found in the PCN schedule.
The vehicle with registration number nothing populated (“the Vehicle”) was parked on private land
Pursuant to the Contract, payment of the PCN(s) was due within 28 days of issue, yet it currently remains
(“the Land”) owned or managed by our Client. The signs displayed on the Land set out the Terms
outstanding.
and Conditions of parking (i.e. “the Contract”). The Vehicle was parked on the Land in breach of the
ContractOF
AMOUNT and as such a Parking Charge Notice(s) (“PCN”) was issued. It is our Client’s position that
CLAIM
you are liable as the Keeper or Driver. The details of the PCN(s) can be found in the PCN schedule.
The sum claimed is a total of £160; which includes the parking charge(s) and costs (per charge).
Pursuant to the Contract, payment of the PCN(s) was due within 28 days of issue, yet it currently
Should it become necessary to issue a claim; further costs will be sought, together with accrued interest
at remains
the rate outstanding.
of 8% per annum under Section 69 of The County Courts Act 1984.
ToAMOUNT
ensure noOF CLAIMaction will take place please make immediate payment by calling 0203 434 0424
further
using reference number 101789.1405D.
The sum claimed is a total of £583.06; which includes the parking charge(s) and £60 remove this –
some are £70! costs (per charge).
Should it become necessary to issue a claim; further costs will be sought, together with accrued
interest at the rate of 8% per annum under Section 69 of The County Courts Act 1984.
To ensure no further action will take place please make immediate payment via our 24-
hour payment line on 01302 897 022 using reference number CPP2045777CPP1.
DCB Legal Ltd is a limited company registered in England and Wales with number 10633864 and is authorised and regulated by the Solicitors
Regulation Authority under SRA registration number 638321. ICO Reg: ZA279934. V.A.T Reg. No: 281 2789 78
26
Direct House, Greenwood
Drive, Manor Park, Runcorn,
Cheshire, WA7 1UG
E: [email protected]
T:
DX: 23457 Runcorn
NEXT STEPS
We expect you to pay the debt in full within 30 days of the date of this letter; or alternatively
acknowledge this letter within the same timeframe. Failure to do so will result in a claim being issued
against you without further notice. Should you wish to discuss the matter; please contact us on 0203 434
0424 quoting the reference number at the top of this letter.
Your attention is drawn to the Civil Procedure Rules 1998 and in particular the Court's power to impose
sanctions if you fail to comply with the above. If you ignore this letter or fail to complete the Reply Form
within 30 days, Court proceedings will be issued against you and this letter will be brought to the
attention of the Court when considering costs. Your non-compliance with the Rules may increase your
liability for costs.
Our client is prepared to consider mediation, or another form of dispute resolution, prior to issuing Court
proceedings. Should you wish to engage; please provide your proposed steps for doing so within the
30-day deadline.
We strongly suggest you deal with this matter urgently to avoid a claim being issued against you. If you
do not understand the content of this letter you may wish to seek independent advice from a Solicitor or
We free
other act on behalfadvice
money of nothing being populated
organisation, andCitizens
such as the write inAdvice
respect of an unpaid parking charge(s).
Bureau.
This is a formal Letter of Claim in accordance with the Pre-Action Protocol for Debt Claims.
Yours faithfully,
BASIS OF CLAIM
DCBTheLegal
vehicle with registration number nothing populated (“the Vehicle”) was parked on private land
(“the Land”) owned or managed by our Client. The signs displayed on the Land set out the Terms
and Conditions of parking (i.e. “the Contract”). The Vehicle was parked on the Land in breach of the
-------------------------------------------------------------------------------------------------------------------------------------------
Contract and as such a Parking Charge Notice(s) (“PCN”) was issued. It is our Client’s position that
you are
NAME: liableEtte
Jordan as the Keeper or Driver. The details of the PCN(s) can be found in the PCN schedule.
Pursuant to the Contract, payment of the PCN(s) was due within 28 days of issue, yet it currently
REFERENCE:101789.1405D
remains outstanding.
I request that a copy of the Reply Form and Financial Statement is sent to the following address:
AMOUNT OF CLAIM
.........................................................................................................................................................................
The sum claimed is a total of £583.06; which includes the parking charge(s) and £60 remove this –
some are £70! costs (per charge).
.........................................................................................................................................................................
Should it become necessary to issue a claim; further costs will be sought, together with accrued
interest
SIGNED at the rate of 8% per annum under Section 69 of TheDATE
....................................................................................... County Courts Act 1984.
..........................................................
To ensure no further action will take place please make immediate payment via our 24-
hour payment line on 01302 897 022 using reference number CPP2045777CPP1.
DCB Legal Ltd is a limited company registered in England and Wales with number 10633864 and is authorised and regulated by the Solicitors
Regulation Authority under SRA registration number 638321. ICO Reg: ZA279934. V.A.T Reg. No: 281 2789 78
27
Direct House, Greenwood
Drive, Manor Park, Runcorn,
Cheshire, WA7 1UG
E: [email protected]
T:
DX: 23457 Runcorn
INFORMATION SHEET
You have received this notice because a business intends to take you to court in relation to a debt. This
notice tells you what to do next, including how to avoid court action. Please read it carefully.
Once you have read the letter, consider the following options.
The
It vehicle with registration
is recommended number
that you get debt nothing
advice ifpopulated (“thedoubt
you have any Vehicle”)
aboutwas parkedyou
whether on private
owe the land
debt
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(“thewhether
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it now. by our Client. The signs displayed on the Land set out the Terms
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don’t haveofaparking
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agreement (contract)
Contract”). between
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on the and
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breach of thethis
to decide what to do next or to help you get debt advice, you can ask the business to provide you
Contract
with and as such a Parking Charge Notice(s) (“PCN”) was issued. It is our Client’s position that
a copy.
you are liable as the Keeper or Driver. The details of the PCN(s) can be found in the PCN schedule.
Speaking to the business.
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you agree you Contract,
to the owe the debt and want
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remains outstanding. concerns, get in touch with the business as soon as possible. Their contact details
should be in the letter they sent you.
AMOUNT
Filling OFReply
in the CLAIMForm.
If you have not been able to resolve the matter by speaking to the business, you should fill in the Reply
Form
The sumthatclaimed
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is a total letter from
£583.06; the
which business,
includes theand then charge(s)
parking send it back
andto£60
theremove
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should complete the Reply Form with as much information as possible to avoid court action being
some are £70! costs
taken against you. (per charge).
Should it become necessary to issue a claim; further costs will be sought, together with accrued
interest at the rate of 8% per annum under Section 69 of The County Courts Act 1984.
To ensure no further action will take place please make immediate payment via our 24-
hour payment line on 01302 897 022 using reference number CPP2045777CPP1.
DCB Legal Ltd is a limited company registered in England and Wales with number 10633864 and is authorised and regulated by the Solicitors
Regulation Authority under SRA registration number 638321. ICO Reg: ZA279934. V.A.T Reg. No: 281 2789 78
28
Direct House, Greenwood
Drive, Manor Park, Runcorn,
Cheshire, WA7 1UG
E: [email protected]
T:
DX: 23457 Runcorn
If a court orders you to pay an amount of money (called "having judgment entered against you"),
details of the judgment will usually be entered on the Register of Judgments, Orders and Fines. Most
entries stay on the Register for six years unless you pay the amount you owe within one month of the
judgment.
Organisations such as banks, building societies and credit companies use the information on the
Register when someone applies for credit, such as a loan or overdraft. It helps them decide whether or
not that person would be able to pay off a debt.
If you request more information in the Reply Form, the business must wait at least 30 days after it
gives you that information before taking you to court.
Pursuant to the Contract, payment of the PCN(s) was due within 28 days of issue, yet it currently
remains outstanding.
AMOUNT OF CLAIM
The sum claimed is a total of £583.06; which includes the parking charge(s) and £60 remove this –
some are £70! costs (per charge).
Should it become necessary to issue a claim; further costs will be sought, together with accrued
interest at the rate of 8% per annum under Section 69 of The County Courts Act 1984.
To ensure no further action will take place please make immediate payment via our 24-
hour payment line on 01302 897 022 using reference number CPP2045777CPP1.
DCB Legal Ltd is a limited company registered in England and Wales with number 10633864 and is authorised and regulated by the Solicitors
Regulation Authority under SRA registration number 638321. ICO Reg: ZA279934. V.A.T Reg. No: 281 2789 78
29
IN THE COUNTY COURT AT MANCHESTER CLAIM NUMBER: H0KF6760
BETWEEN
-V -
JORDAN ETTE
DEFENDANT
Ref: 101789.1405D
30
Ref number - 101789.1405D
[email protected]
Sent: 13/11/2020 11:24
To: [email protected]
I have recently received a Letter of Claim from your company. It states the document was
sent to me on October 12th 2020 yet I didn't receive it until the beginning of this week (9th
November 2020).
As I am unaware of any type of fine in my name, I am requesting proof of this claim with
proof of all charges.
Upon researching, it appears that £60 of this supposed fine is "not recoverable" and is
considered Abuse Of Process under the protection of freedoms act 2012. Because of this, I
would also like to request that you can provide me with documentation and proof that you
have the authority to circumvent the law (POFA2012) and the courts own double recovery
rules.
Kind regards,
Jordan Ette
[email protected]
31
DCB Legal Ltd - Ref: 101789.1405D
[email protected]
Sent: 25/11/2020 14:11
To: [email protected]
Attachments: image001.png;PCN - Ette.pdf;NTK - Ette.pdf;image002.png
Please note the Parking Charge Notice was issued to you on 12th February 2018 . A copy is
enclosed. You were afforded the opportunity to; appeal the parking charge, transfer liability
to the driver (if it was not you) or make payment. Neither a successful appeal, nor an
adequate nomination were received, yet payment remains outstanding.
The Notice to Keeper was also issued to you on 13th March 2018. A copy is enclosed.
You were again afforded the opportunity to make payment at this point. As payment
remained outstanding DCB Legal Ltd have now been instructed to recover the
outstanding balance.
We also note you have stated the £60.00 added to the original balance is not recoverable
and considered an “abuse of process” under POFA 2012.
Please note In accordance with the recent appeal decision made on 29th July 2020 in
Britannia Parking Group Ltd v Semark-Julien [2020] EW Mis 12 (CC) the Judge held that the
debt recovery charge does not fall foul of the decision of Parking Eye Ltd v Beavis [2015]
UKSC 67; thus, we submit that this is not an abuse of process as alleged. We suggest you
seek independent legal advice if you are unable to access relevant and up to date appeal
information and legislation.
You now have 30 days from the date of this letter to pay the outstanding balance of £160.00.
Failure to do so will result in a claim being issued against you without further notice.
Payment can be made via bank transfer to our designated client account:-
Account Name:
DCB Legal Ltd Client Account
Sort Code: 20-24-09
Account Number: 60964441
You must quote the correct case reference 101789.1405D when making payment. If
you do not, we may be unable to correctly allocate the payment. If further action is
taken by us as a result of an incorrect reference being quoted, you will be liable for
any further fees or costs incurred.
Alternatively, you can contact DCB Legal Ltd on 0203 434 0424 to make payment over
the telephone.
Kind Regards,
32
Jonathan Worthington
DCB Legal Limited
33
DCB Legal Ltd - Ref: 101789.1405D
[email protected]
Sent: 04/12/2020 14:30
To: [email protected]
04/12/2020
I am writing to inform you that I am seeking debt advice regarding the PCN Reference
300640 and as a response to the email I received with the Reference 101789.1405D.
I deny any debt and the case must be put 'on hold' for no less than 30 days under the PAP for
debt claims 2017.
As well as seeking debt advice, I have also sent your client Premier Parking Logistics a SAR.
Thank you.
Jordan Ette
[email protected]
--
34
RE: 101789.1405D
[email protected]
Sent: 10/12/2020 11:17
To: [email protected]
Attachments: image001.png;image003.png
Dear Mr Ette,
We write further to your email received in our office on 4th December 2020.
The Letter of Claim provided you with 30 days to make payment, seek independent legal
advice or respond to the Letter of Claim. The 30 days led to 11th November 2020, however
we received your email response to the Letter of Claim on 13th November 2020 which was
out of time.
We still responded to your email on 25th November 2020 and provided another 30 days from
this date to make payment of the full outstanding balance of £160.00. For the purpose of
clarity, this leads to 24th December 2020. We will not be offering any further hold for this
matter as it has now been 59 days since the original Letter of Claim was issued.
Failure to make the payment in full by the specified date may result in legal proceedings
being issued against you, as per the Letter of Claim.
Kind regards,
Kirsty Unsworth
DCB Legal Limited
35
IN THE COUNTY COURT AT MANCHESTER CLAIM NUMBER: H0KF6760
BETWEEN
-V -
JORDAN ETTE
DEFENDANT
Ref: 101789.1405D
36