Should I wait for NTK given the signs were there?

Umkomaas

tuckervennie wrote: »

Scary! I am much more relaxed about me, but my step-son has one too and he's not been passed that long. Don't want to jeopardise his driving experience before it gets going.

tuckervennie wrote: »

Ok Scary just scarier as he received what I think you have referred to as a 'Letter before action'. It just says 'claim form', has no actual letter. It just says in the top right hand corner 'In the county court business centre' and has a claim number underneath. The amount has risen now to £246.64 and that includes the amount claimed £111.64 + £60 contractual costs + £25 court fee and £50 legal representative's costs. The original ticket was £60 as I recall.

I am guessing I stop ignoring now and start responding to something? We have options to:

Do Nothing: Judgement may be entered against you without further notice, making it difficlut to get credit.
Respond within 14 days using the attached forms.
Send money including interest and costs to claimant
Ask for more time to pay
Admit to only part of the claim
Disagree with the claim
Make a counter-Claim

What next please?

Is this claim yours or your stepson's, because it's getting a bit confusing with you using 'he', 'I' and 'we' about the seemingly same claim?

Which parking company is listed on the court claim form?

tuckervennie

Sorry, the person in question is my step-son, who is only 19 and so I have been doing all this for him. I took the advice and ignored everything in the hope, like me, that this would be dropped (i was in the same car park and had the same initial letter, but nothing since). I am concerned for him now, as he has only been driving for 18 month and I have told him to leave this with me from day one and hopped on here. I don't want him to end up with anything that will effect his credit ratings or effect anything long-term and am edging towards just paying now to get rid of it completely because of this and don't want him to think I have let him down. However I am not convinced going to court will be a great option as the defence is that the signs weren't clear enough in our opinion (both missed them), but not sure now that it will hold up in court.

Le_Kirk

People have won on poor signage. Check out this by searching the forum using suitable keyword(s) such as defence won signage for example.

Credit ratings/score are only affected if you/your stepson go to court, lose and fail to pay the judgment (the CCJ) within the timescales set by the judge.

tuckervennie

Appreciate your replies.

We would rather not go to court and I know he would definitely not want to go to court. Does this then mean the only option is to pay up in full now?

Regards

Umkomaas

tuckervennie wrote: »

Appreciate your replies.

We would rather not go to court and I know he would definitely not want to go to court. Does this then mean the only option is to pay up in full now?

Regards

It's one or the other, because if you (or more to the point, your stepson) ignore this he will get a judgment in default from the court, which if not paid by the court's deadline will result in a credit-trashing CCJ and 6 years of major difficulty in getting credit, loans, a mortgage and even a mobile phone contact.

tuckervennie

So, pay up or go to court? If pay up then full amount, including contractual costs? (Presumably not court fee cost & legal rep cost?)

waamo

tuckervennie wrote: »

So, pay up or go to court? If pay up then full amount, including contractual costs? (Presumably not court fee cost & legal rep cost?)

You need to read this https://forums.moneysavingexpert.com/discussion/6014081/abuse-of-process-district-judge-tells-bwlegal

What is the issue date on the form?

Umkomaas

tuckervennie wrote: »

So, pay up or go to court? If pay up then full amount, including contractual costs? (Presumably not court fee cost & legal rep cost?)

I’d go in with a written, lower offer, but make sure you mark it ‘Without Prejudice Save as to Costs’, so that if they don’t accept it and it gets to court, they can’t show your offer to the Judge and say that this is your tacit acceptance of culpability.

tuckervennie

waamo wrote: »

You need to read this https://forums.moneysavingexpert.com/discussion/6014081/abuse-of-process-district-judge-tells-bwlegal

What is the issue date on the form?

11th October 2019.

KeithP

tuckervennie wrote: »

11th October 2019.

With a Claim Issue Date of 11th October, you have until Wednesday 30th October to do the Acknowledgement of Service. If possible, do not do the AoS before 16th October, but otherwise there is nothing to be gained by delaying it. To do the AoS, follow the guidance offered in a Dropbox file linked from post #2 of the NEWBIES FAQ sticky thread. About ten minutes work - no thinking required.

Having done the AoS, you have until 4pm on Wednesday 13th November 2019 to file your Defence.

That's over four weeks away. Plenty of time to produce a Defence, but please don't leave it to the last minute.


When you are happy with the content, your Defence could be filed via email as suggested here:

Print your Defence.
1. Sign it and date it.
   
2. Scan the signed document back in and save it as a pdf.
   
3. Send that pdf as an email attachment to CCBCAQ@Justice.gov.uk
   
4. Just put the claim number and the word Defence in the email title, and in the body of the email something like 'Please find my Defence attached'.
   
5. Log into MCOL after a few days to see if the Claim is marked "defence received". If not chase the CCBC until it is.
   
6. Do not be surprised to receive an early copy of the Claimant's Directions Questionnaire, they are just trying to keep you under pressure.
   
7. Wait for your DQ from the CCBC, or download one from the internet, and then re-read post #2 of the NEWBIES FAQ sticky thread to find out exactly what to do with it.