County court claim form

andyjok

Hi all I have just received a cc claim form do I need to send back the acknowledgment of service form or go straight to the defence form . I was in a car park for about 12 mins and was caught on camera. The issue date on the pcn was 18 days after the incident so can that be used in my defence. Also I disputed there claim within 14 days via email to which they did not respond can that also b used in my defence. Thanks Andy

Fruitcake

andyjok wrote: »

Hi all I have just received a cc claim form do I need to send back the acknowledgment of service form or go straight to the defence form . I was in a car park for about 12 mins and was caught on camera. The issue date on the pcn was 18 days after the incident so can that be used in my defence. Also I disputed there claim within 14 days via email to which they did not respond can that also b used in my defence. Thanks Andy

There is a section from Bargepole in the Sticky thread for NEWBIES about the court process. I believe this explains what you should do.
You can also buy a very cheap guide to court from the Parking-Prankster's blogsite.

Have you complained to the landowner?
What is the name of the parking company? Have you complained to their trade association that you appealed but never got a response?

Coupon-mad

Also this info from the BMPA will help:

https://bmpa.zendesk.com/hc/en-us/categories/200679189-Small-Claims-Court

If this is from Northampton (MCOL) you don't 'send forms back' in the post. You acknowledge online, using the password on the right, low down on the claim form near the sum being claimed.

Which PPC?

You need to read other defences here first, once the claim is acknowledged, leaving the defence box BLANK.

andyjok

Thanks I will look at the sticky thread. The company is civil enforcement Ltd. And the court is Northampton. I didn't complain to anyone as I thought as they didn't reply. The matter was finished this was in may 2015 and I didn't get anymore letters until after the bevis verdict.

Redx

they have 6 years to bring a court claim, so 15 months is neither here nor there

follow the court advice in post #1 of the NEWBIES thread, and read the bargepole link and parking pranksters court guide

this would have been easier at popla but that ship sailed long ago (for the time being anyway)

do as CM told you in her reply

acknowledge online, do not write anything at all in the defence box

Coupon-mad

andyjok wrote: »

Thanks I will look at the sticky thread. The company is civil enforcement Ltd. And the court is Northampton. I didn't complain to anyone as I thought as they didn't reply. The matter was finished this was in may 2015 and I didn't get anymore letters until after the bevis verdict.

Shedloads of CEL defences on here, particularly in February/March. Lots of threads for you to copy defence wording from to create a masterpiece of your own. I don't think any of them continued after the defences were seen; CEL are clearly looking for ignorers who do not defend, or weak defences.

Search this forum for 'Schwartz' or 'CEL defence' to find those threads. It may not feel like it but you are lucky - IMHO this is one of the easiest ones to defend, particularly if you never said who was driving in that appeal email - as registered keeper you are untouchable but NOT if you said it was you driving.

Even if you did, there are other grounds for defence you will find on all the other CEL court threads because Mr Schwartz makes a pig's ear of them, from our viewpoint!

Anyway, acknowledge first, read the links already supplied for you and the NEWBIES thread 'Small Claim?' links.

andyjok

Thanks I never named the driver I just copied a draft from this site and filled in the blanks. Thanks for all your help.

Coupon-mad

Come back and show us your draft defence and if you get few replies in August because we are all on holiday(!) then try also posting your draft defence for comments on pepipoo by registering here (no hotmail email addresses):

http://forums.pepipoo.com/index.php?showforum=60

You will also find CEL defences on there too, by searching 'Schwartz' as your keyword.

HTH

andyjok

Hi all I received my claim form on Friday and did my online AOS on Monday. After having read a few threads I've realised that I didn't need to do this until I receive POC. Does it matter that I've done this already and will i get 28 days from when I got the forms or from when I eventually receive the POC documents. Thanks

Redx

the 28 days after AOS is from about 5 days after the claim date on the original court documents

it is not 28 days from the AOS day and AFAIK it doesnt matter when you acknowledge the claim as long as its done within the first 14 days

the acknowledgement extends the period from 14 days to 28 days , it doesnt give an extra 28 days

you have a theoretical total of 33 days from the date on the claim, although I would be cautious and get your skeleton defence in within the 28 days

System

Does the claim form say that the Particulars will be sent within 14 days? If not you must press on with the defence within the 28-33 days.