Harrassed by parking company though I did pay to park & proved it, please help

crimineaux

Coupon-mad wrote: »

I already told you that the NEWBIES thread tells you NOT to do an AOS or defence if it's a claim form that says ''POC to follow''. So do NOT do the AOS or defence yet.

Read other CEL threads. You are not out of time.

At home, has the POC just arrived last week, like in the hundreds of other threads exactly the same as yours? Have you even read other CEL threads and the NEWBIES thread post #2?

Ok I'm sorry, I misread the form as this whole thing is freaking me out. I am young and inexperienced and am trying to make sense of this. I read everything you told me to. I just made this post to ask about what to do because I thought I had run out of time to respond. I now realise I don't have the POC yet. I am sorry I'm making such a mess of this, I know it's stuff you see every day but this is all new to me.

Coupon-mad

Good, don't apologise, this forum will help you win. No effect on your credit rating.

Relax! So glad you haven't missed your deadline.

When the POC arrives keep that envelope - you now need to spend time reading about the two email complaints to make when the POC arrive late, and possibly back-dated.

No need to freak out. We are here to help you.

matttye

I’m just going to explain a little bit about how civil claims work to put your mind at rest.

Proceedings in the County Court are governed by the Civil Procedure Rules (CPR) and you’ll see references to these on some of the forms you receive and also on ones you send back.

CPR r9.1(2) (rule 9.1(2) of the Civil Procedure Rules) - https://www.justice.gov.uk/courts/procedure-rules/civil/rules/part09 - states that “Where the defendant receives a claim form which states that particulars of claim are to follow, he need not respond to the claim until the particulars of claim have been served on him.” This is why you don’t need to respond until the particulars of claim are received. If they had been included on the claim form itself, then you would have been too late in responding now as you’d need to have responded within 14 days.

You have 14 days to file a defence once the claim form and particulars of claim have been received, unless you file an acknowledgment of service within 14 days which buys you an extra 14 days to file a defence - meaning you have 28 days in total.

If you fail to file a defence or acknowledgment of service on time, the claimant can apply for a default judgment.

When it comes to filing your defence, come back here for help drafting it because if you don’t do it properly the court can strike out your defence or award summary judgment for the claimant.

Coupon-mad

Did you get your defence sorted and filed/will file it with the CCBC by email within 14 days of the POC arriving?

Also, if the POC were backdated and you kept the envelope that proved they were not posted when dated, PLEASE NOW forward the complaint you made to the CCBC, to another email address.

We need LOTS of these to fly into a specific inbox now:

http://forums.moneysavingexpert.com/showthread.php?p=73400735#post73400735

Once that has been done, please confirm. We need to bombard the CCBC (specifically to Amanda Beck who is aware of this scam) with evidence about CEL.

Do this - even if you've already emailed a complaint - PLEASE forward it now!

And if you didn't send a complaint, please send one to Amanda, NOW, with a copy of the franked envelope attached. It may help your case to be struck out in the end.

The_Deep

if you don’t do it properly the court can strike out your defence or award summary judgment for the claimant ...

Hardly justice for the common man imo I thought that the small claims track was for the people, not the lawyers.

System

Hardly justice for the common man imo I thought that the small claims track was for the people, not the lawyers.

Justice is blind and does not concern herself with "common man" or woman - or even what position they have in society. She is swayed by the facts presented and no more.

The_Deep

Justice is blind and does not concern herself with "common man" or woman - or even what position they have in society. She is swayed by the facts presented and no more

I wonder what "facts" this chap presented?

https://www.thesun.co.uk/news/4885936/violent-somali-migrant-with-30-convictions-for-knife-attacks-and-robberies-wins-80k-payout-for-being-in-prison-too-long/

This to my mind, seems a long way from being justice, especially for the poor bloody taxpayer.

Castle

The_Deep wrote: »

Justice is blind and does not concern herself with "common man" or woman - or even what position they have in society. She is swayed by the facts presented and no more

I wonder what "facts" this chap presented?

https://www.thesun.co.uk/news/4885936/violent-somali-migrant-with-30-convictions-for-knife-attacks-and-robberies-wins-80k-payout-for-being-in-prison-too-long/

This to my mind, seems a long way from being justice, especially for the poor bloody taxpayer.

Hopefully some of his victims can now sue him for civil damages.

Loadsofchildren123

crimineaux have your PoC arrived yet. The clock starts clicking when they do. Don't throw away that envelope and come back here when they do arrive.


You should get on with your defence to stop the inevitable panic that will ensue when the date for filing it (none as yet if no PoC served) draws near.


I understand that you paid for the parking and can prove it (but haven't read back). So your defence should be simple:


1. D admits he is both registered keeper of the vehicle and was driving at the relevant time.
2. D fully complied with the displayed terms and conditions of parking, so is not in breach of any contract.
3. D drew this to the C's attention on [x date(s)], even providing proof of payment and compliance with the t&cs, but was ignored. This claim should never have been brought and is baseless. If the case proceeds, D seeks full costs under Rule 27.14(2)(g).


You might also consider a counterclaim for harassment and DPA breach.


I'd write to them as well now inviting them to withdraw and enclosing a copy of your original letter saying you'd paid and the evidence showing you did and criticising them for not replying to this which they clearly should have done pursuant to their (then) obligations under the Practice Direction - Pre-Action Conduct, paras 6(a)/(c) and 3.


When you file your DQ I'd write a letter with it asking the court to strike out or summarily adjudge the claim (r3.4/r24) as it has no merit whatsoever. But we can talk about that at the time.