CPMS court case upcoming, help please

nicco1234

Hi Guys,

Ive previously used the newbies thread to ignore/fend off several tickets in the past successfully, so thanks for that, but now I feel im out of my depth and need some advice.

Background: I have a private underground space in my residential building, one day the space was taken so I parked in the communal spaces on forecourt which we are supposed to get a parking slip from the concierge, however it was 2am when I got home so couldn't find him. Next day got a ticket, date 16/5/17.

2 weeks ago got a county court business centre letter, claim £240, £25 court fee, non payment of 2 parking notices, one from 16/5/17 with my building car park referenced, and another from 3/10/14!! the 2014 one has no location so I have no idea where its from. Almost certain not from the same place. Cant recall getting any letters back then either.

I have already bought myself an extra 2 weeks by AOS.

1. Can they claim money from 2014, without saying what it relates to? How do I find out what this is from, very hard to mount a defence without knowing.
2. Can they go to court without sending me any letters from the recent one? Didn't even get a notice to keeper or anything else.
3. If I go to court and lose, does the money go up and do I get a CCJ, or does this only happen if I don't pay after I lose. Cant afford either as about to try to buy my first house.
4. If it does go to court then do I physically have to be there? What I would lose missing a day of work is almost as much as the £265 they want, is there a way of having it cancelled before then, or submitting a defence in writing?

If based on the above I'm likely to need to form a defence ill get on it and post it later for review.

Can upload pics of the letter if helpful.

Many Thanks for your help

Dan

bargepole

Everything you need to know is in this thread:

https://forums.moneysavingexpert.com/discussion/5546325

nicco1234

Been through all of that and understand the process and happy to build my own defence for the recent parking charge. However, how to I begin the build a defence against the one from over 3 years ago, I don't even know what its referring to!

Should I contact CPMS and ask them for information. And as for the more recent one, if they haven't contacted me once since I parked there can that form part of my defence?

bargepole

nicco1234 wrote: »

... Should I contact CPMS and ask them for information.

Absolutely not, by any means whatsoever.

Simply state in the defence that you have no recollection or knowledge of the alleged parking incident after 3 years, and that if they believed they had a case, they should have pursued it at the time.

Redx

it is also why you would state that it should be in their PARTICULARS OF CLAIM (POC) , which it probably isnt and is one reason why judges are complaining about these spurious court cases

the lack of clarity is what helps you and your defence should state these things and say you reserve the right to alter your defence if and when any facts become known

so your defence should include mention of what isnt there, putting the ball in their court , so dont do their job for them , let them wallow in their stupidity and let the judge be just as bamboozled as you about the lack of details

there are plenty of court case threads on here that have this in their defence draft , so easily found and copied

nicco1234

Hi, thanks for the advice, I'm struggling to find any defences that focus on

1. the fact that I haven't been contacted at all before the court summons arrived,

2. the POC are too vague and I cant defend myself if they don't tell me what the claim is for.

Ive trawled the forum but can't find any specifics referring to these points, any links or help with wording this part of my defence would be good. Otherwise I'm ready to submit my defence.

Redx

1) there is no "summons" its not a criminal matter

you mean before the MCOL arrived (call it by its correct name)

there are plenty of similar cases where the PPC Has been ignored until the MCOL arrived

2) that is why you put in a catch all defence that says exactly that , the POC are vague or non existent

look at almost any GLADSTONES court claim threads over the last 6 months , there are plenty you can crib from