Claim Forms received - urgent help please

MoneyWorried

Hi. I've received a claim form from Gladstone / Northants county court, dated Nov 15th so I have to reply by tomorrow really. It's for a private car park fine which my partner got when I was on holiday. I'm the registered keeper and ignored the letters until this autumn when I sent them proof I was out of the country. The next thing I know this claim form arrives.
I'm really panicking as I don't want a CCJ, especially for something that wasn't even me. I'd really appreciate your help. Thanks in advance.

MoneyWorried

And I've already looked at the Newbies sticky but it advises to start a thread.

salmosalaris

first you need to log into mcol and acknowledge the claim within 19 days of the date on the claim form, ticking you wish to defend in full. Don't enter anything in the defence section . You then have 33 days from the date on the claim form to submit your defence .

Which PPC is it ?

you will only get a CCJ registered on your credit file if you don't respond to the court in time and a default judgment is given or if you lose in court AND then don't pay .

MoneyWorried

Thanks. I'll stop panicking about CCJs then . I think it was a park Direct but stupidly I haven't kept all the letters. I vaguely remember getting a grainy picture of the car.
I don't want to pay but am paranoid about affecting my impeccable credit record. If I accept it and pay will it go on my file in any way? Obviously I'd rather they didn't get away with these sorts of 'charges' and threats.
Is it a defence if I'm the registered keeper but could not have been in the car? Thanks again.

Quentin

The only way your record will get this on it is if you were to lose in a court case AND not pay up the amount owed within 30 days of the hearing (ie even if this went all the way to court and you lost you don't get any black mark unless you don't then pay up fairly promptly)


(That defence you suggested is no good!)

MoneyWorried

Thanks Quentin. I'll have a look over the forums for my defence then.

salmosalaris

i explained the only ways it would get on your file .
Don't ever throw letters away that suggest you owe someone money .
The fact you weren't the driver is only relevant if they have failed to comply with the requirements of the legislation they are relying on to hold you liable as the registered keeper . Without the tickets its hard for us to know.
Did you give the name and address of the driver when you contacted them in the autumn ?

MoneyWorried

No I didn't. I just sent them a copy of my flight ticket showing I was out of the county. I did not say anything about anyone else driving the car. No PCN was left on the car and the first I knew of it was a letter through the post.

salmosalaris

what is the wording in the particulars of claim on the claim form ?

salmosalaris

acknowledge the claim immediately .

then send a letter immediately to Gladstones ( first class post , get a free certificate of posting from the post office as proof it was sent ) . Keep a copy for yourself of the letter



Gladstones Solicitors
address
court claim no xxxx
date xxxxxx

Due your inadequate Particulars of Claim I require the following information so that I can prepare my defence . This request is made under part 18 of the Practice Direction and as the claim has not been yet allocated to track you are required to comply .

1. As I was not the driver I require a copy of the sign that forms the basis of the alleged contract with the driver . I will need to be able to read all the print .

2. Contemporaneos details of the alleged parking infringement and how the alleged charge became payable.

3. Copies of the Notice to Driver and Notice to Keeper along with any other letters associated with this alleged parking charge.

4. A copy of the operational contract with the landowner granting the Claimant the right to issue parking charges and recover them through court proceedings in their name .

5. Copies of any other documents or evidence on which you will rely .

I expect a reply within 14 days. Failure to do so will be used as evidence of unreasonable behaviour for the purpose of costs.

yours
xxxx

MoneyWorried

Thanks for your advice on this forum. I have acknowledged the claim on mcol and written to Gladstones requesting the information mentioned so that I can prepare my defence. Is there anything else that I should be doing or should I just wait to hear back from Gladstones? The letter from them was dated the 15th November (although I only received it last week) and I acknowledged the claim and wrote to Gladstones dated today.