Help with County Court Claim!!

WelshLass · 18 October 2017 at 3:00PM

Hi Guys
I'm new to this - already posted this in wrong forumw this morning!! Doh!

The DRIVER parked in a private car park (with Stapark signage and anpr) to unload the car for a village table top sale and the organiser said dont worry about paying as your just dropping your stuff off as they were doing the selling. So the driver parked , unloaded for around 30 mins at 9am then went back around 1430 again for around 30mins to pick unsold stuff up
Subsequently I the Keeper started receiving PCN notices from zzps. I ignored all correspondence that they sent through as was told by locals that no one paid in that car park.
( if the driver has ever used the car park for actual parking they do pay which they have texts confirming)
So I ignored the letters from zzps and then the solicitors wright hassell sent me letters threatening a CCJ
the driver has never responded or called either company
I hadnt heard anything since around July and haven't had a letter before Court come but this morning I've received the claim form from the county court the claimant being - CEL
I don't know what to do now??
Any help would be really appreciated

Thanks in advance
Aimee

Redx · 18 October 2017 at 3:11PM

edit the above and remove any hint of who was driving

use THE DRIVER and THE KEEPER to describe those entities

you fill in the AOS online on the CCBC website , not putting anything in the defence box

read post #2 of the NEWBIES sticky thread, especially the BARGEPOLE walk through and do the AOS online on the MCOL website

do not write anything at all in the defence box

once the AOS is done , you have extended the deadline from 14 days to 28 days to submit the defence

read about a dozen similar CEL court case threads posted over the last 2 weeks, so you understand the process and advice and the key defence points

it is unlikely that you will be using any of the paperwork you were sent as the defence will be emailed as a completed pdf once completed and sanctioned for submission

WelshLass · 18 October 2017 at 6:57PM

Hey Redx
I've read your advice and gone through the newbie section on claims and a lot of the newest cel threads but can't really see any similar to mine so don't really know where to start with a defence of their claim against me - signage- it is clear as I've used it prior to this ,
I don't know where to start and feel a bit overwhelmed
Sorry to sound like a total sap!!

Redx · 18 October 2017 at 7:51PM

edit post #1 again so that any hint of who was driving is removed

ie: The driver has never been named

when the driver uses that car park the driver always pays

etc

then start to adapt this recent CEL defence to suit

http://forums.moneysavingexpert.com/showthread.php?t=5729157

WelshLass · 18 October 2017 at 11:45PM

Thanks Red
It's so easy to trip yourself up! Do they get a time limit to make a claim to a County Court? The date of parking ticket was issued 041216

Coupon-mad · 18 October 2017 at 11:49PM

Please Google it - anyone has 6 years to being proceedings for debt.

You do not need to find an example similar to yours. Please use the NEWBIES thread and promise us you won't come back shrieking for help when, after you defend this you get the boring DQ form (fully expected piece of paper from the court).

Redx · 18 October 2017 at 11:56PM

aimeeN79 wrote: »

Thanks Red
It's so easy to trip yourself up! Do they get a time limit to make a claim to a County Court? The date of parking ticket was issued 041216

6 years (72 months) for england and wales (5 in scotland)

its been that way since the small claims court was introduced back in 1973 (I think Ted Heath was PM back then) so not new , 44 years is a long time but the only changes are that its moved on line and recently had new protocols put in place (18 days ago)

WelshLass · 19 October 2017 at 11:34AM

Hi Guys ,
I've done the AOC on MCOL and have started to draft a defence from the other ones that you recommend I look at - here it is so far ...I feel though that I couldn't really put a lot about signage as the driver has paid in that past ? What are your thoughts? As the driver picked up and dropped off items in the same day could this be put in the defence?

Lamilad · 19 October 2017 at 12:21PM

.I feel though that I couldn't really put a lot about signage as the driver has paid in that past ?

So what! All that proves is the driver read the tariff board. It doesn't mean the signage was clear and prominent enough to make them aware that they were entering into a contract where they would have to comply with numerous T&Cs or else be landed with an outrageously disproportionate parking charge.... So, yes - you do attack signage

As the driver picked up and dropped off items in the same day could this be put in the defence?

I don't see how it's relevant or helpful

WelshLass · 19 October 2017 at 12:33PM

Thanks Lami I will attack the signage in my defence and try and paste it on here...
I am struggling to copy and paste it out of my word document though, any ideas why? It just keeps saying sorry your reply can't be posted retry again

KeithP · 19 October 2017 at 1:16PM

aimeeN79 wrote: »

I am struggling to copy and paste it out of my word document though, any ideas why? It just keeps saying sorry your reply can't be posted retry again

Have a read of this recent thread:

Please don't copy and paste from Word/Outlook

Help with County Court Claim!!

Comments

Categories

Get our FREE Weekly email full of deals & guides - and it’s spam-free