Claim Form Received

Snellosaurus

Hi all,

I've received a claim form in the post after my appeals being rejected. I've delved around for information about how to respond to it, and have had some mixed advice. I'd really appreciate some tips from here if anyone has any.

The things I am unsure about are:

In the Particulars of the Claim section, it simply lists the PCN number, car reg and date. It then breaks down the costs, quoting the County Courts Act 1984 to explain the interest it is putting on the fee.

From what I've read elsewhere, I think there should be much more detail in this for me to respond to - is that correct?

Secondly, I have also read that I should respond online to this form and put nothing in the defence box initially, saving that for later if it gets that far. Would you agree?

Any help would be marvelous!

Quick run down of the PCN: it was issued on a very poorly signed private road that the driver had no awareness of being private. Driver was sat in the car waiting when someone slapped a PCN on the windscreen whilst driver was still in the car.

The_Deep

Driver was sat in the car waiting when someone slapped a PCN on the windscreen whilst driver was still in the car


They may have shot themselves in the foot here. They are required by law to mitigate their losses. The Parking weasel should have told you to move. If this did go to court you could summon aforesaid PW and question him/her as to why they did not do so. Read this
htttp://forums.pepipoo.com/index.php?act=attach&type=post&id=16231)

Snellosaurus

I think / hope you are right on that one. It seems utterly ridiculous that this has gone this far given that the driver was sat in the car the whole time. The photographs they use as evidence all show the driver sat in the car, and span fewer than 60seconds.

Would it be a pretty safe bet that, if it did go to court, they would lose based on that alone?

Castle

They would have to show what the signs, (if any), said at the time. Most private roads tend to be no parking or permit holders only, so the driver is actually trespassing.

Fruitcake

Snellosaurus wrote: »

Hi all,

I've received a claim form in the post after my appeals being rejected. I've delved around for information about how to respond to it, and have had some mixed advice. I'd really appreciate some tips from here if anyone has any.

The things I am unsure about are:

In the Particulars of the Claim section, it simply lists the PCN number, car reg and date. It then breaks down the costs, quoting the County Courts Act 1984 to explain the interest it is putting on the fee.

From what I've read elsewhere, I think there should be much more detail in this for me to respond to - is that correct?

Secondly, I have also read that I should respond online to this form and put nothing in the defence box initially, saving that for later if it gets that far. Would you agree?

Any help would be marvelous!

Quick run down of the PCN: it was issued on a very poorly signed private road that the driver had no awareness of being private. Driver was sat in the car waiting when someone slapped a PCN on the windscreen whilst driver was still in the car.

Have you read the link to Bargepole step by step guide from the NEWBIES thread yet? This should be your starting point. You can also purchase a cheap guide to court from the Parking-Prankster's blog-site.

I believe the initial stage is indeed to acknowledge the claim and state you will defend, but do not put anything in the defence box.

I think you should also send the claimant a questionnaire about the details of the claim, stating that there is not enough information for you to fairly defend it.

Redx

Snellosaurus wrote: »

In the Particulars of the Claim section, it simply lists the PCN number, car reg and date. It then breaks down the costs, quoting the County Courts Act 1984 to explain the interest it is putting on the fee.

From what I've read elsewhere, I think there should be much more detail in this for me to respond to - is that correct?

Secondly, I have also read that I should respond online to this form and put nothing in the defence box initially, saving that for later if it gets that far. Would you agree?

1) send a part 18 request letter I believe

2) yes and no

yes you tick to defend , and you write nothing AT THE MOMENT in that defence box , nada , zilch

then you get an EXTRA 14 days on top of the 14 days to defend , so 28 days from date of claim (possibly up to 33 but better to stick within the agreed limits)

this is NOT until it goes further, because you need to fill that box in , within 28 days , regardless , with a holding (skeleton) defence , the full defence is filled out later down the process , a few weeks before the court hearing , so its this expanded defence that you submit later that you are mixing up with the initial smaller one , the full defence is one which will elaborate on the initial holding defence in much greater detail as this goes to the judge in the court of your choosing

so no I dont agree , but you had half of it right

you really need to sit down , study all the other current court case threads on here and over on pepipoo , maybe 10 or 20 and get the gist of what its all about

the NEWBIES sticky thread has a court sub section, including the bargepole link to his court guide explanation , plus there is also parking pranksters court guide booklet too

you havent said who the PPC is , or if a solicitor is involved, so its hard to help you further

the previous advice is all good advice too

if CM replies, take her advice fully onboard as well , plus any other respected regulars on here

like this one she replied to recently

https://forums.moneysavingexpert.com/discussion/5516777

tells you exactly what to do

Snellosaurus

Thank you for the info so far.

Redx: Solicitors are involved and the PPC is KBT Cornwall / Armtrac Security Services. I will go and bury my head in other cases to get the gist like you suggested. Thank you for clarifying the defence box.

One more question about the Part 18 request: does that go to Armtrac or to the solicitor?

Redx

Snellosaurus wrote: »

Thank you for the info so far.

Redx: Solicitors are involved and the PPC is KBT Cornwall / Armtrac Security Services. I will go and bury my head in other cases to get the gist like you suggested. Thank you for clarifying the defence box.

One more question about the Part 18 request: does that go to Armtrac or to the solicitor?

if you had studied this thread

https://forums.moneysavingexpert.com/discussion/5505546

you would know that it goes to both parties, because that thread fleshed out a lot of this topic on page 2 and so I refer back to it almost daily

ie:- the more you read the ongoing court case threads , the more you learn

I dont think I have seen a new question this year, only the same stuff rehashed regularly, which is called , S.S.D.D. (I leave you to work that out , lol)

some more good and recent advice in this court claim thread too

https://forums.moneysavingexpert.com/discussion/5516829

good luck

Snellosaurus

Thank you for the signposting, Redx - I was getting lost before you highlighted where to look.

Another question if anyone knows about this: I logged into Moneyclaim.gov.uk earlier this morning, and used the info on the claim form to look at the system. It timed out, and now when I try to log back in it says the details are incorrect. Could it be that they've 'cancelled' it in the last hour? If it were a working day, I'd call the court number listed but as it's bank holiday tomorrow, I'd love it if someone could shed some light on this earlier.

Anyone experienced this before?

Redx

I have seen threads saying its offline over the B/H weekend so try on tuesday or ring them up , or both - a lot of firms and departments do their essential maintenance of backups at weekend or bank holidays

people need to stop thinking about everything being available 24/7/365

Snellosaurus

OK, will do. It was just because I logged on without a problem a few hours ago that I wondered if something different was going on.