ES Parking IAS

Tabz123

Thanks for pointing it out. Now amended and sent...

Tabz123

UPDATE:

Received a letter from the local MPs office:

'We have received your communication regarding ESPEL and have written to them refuting their claims. We have strongly recommended they discontinue their case. We will let you know of their response. In the case they do not acknowledge our advice, we will decide how to take matters further against them'.

Fingers crossed this drives a positive outcome and helps avoid a court case....

Tabz123

Hi All

I have now received the Court Claim Form. Can you please you please advise of next steps?

KeithP

What is the Issue Date on the Claim Form?

Did it come from the County Court Business Centre in Northampton, or from somewhere else?

Umkomaas

Tabz123 wrote: »

Hi All

I have now received the Court Claim Form. Can you please you please advise of next steps?

As you have not been back to the thread for over 2 months, what have you learned from your own research in that time about the court process?

What's the current position with your MP's involvement?

Coupon-mad

Tabz123 wrote: »

Hi All

I have now received the Court Claim Form. Can you please you please advise of next steps?

Once you show us your draft defence, we will help (see NEWBIES thread please).

And please answer KeithP's questions first, but not then waiting for us to comment, as the ball is in your court to follow the NEWBIES thread 2nd post and do the AOS, etc.

Tabz123

Indeed it came from the County Court Business Centre in Northampton

It has an issue date of 20th Feb 2019

KeithP

Tabz123 wrote: »

Indeed it came from the County Court Business Centre in Northampton

It has an issue date of 20th Feb 2019

With a Claim Issue Date of 20th February, you have until Monday 11th March to do the Acknowledgement of Service, but there is nothing to be gained by delaying it. To do the AoS, follow the guidance offered in a Dropbox link 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 Monday 25th March 2019 to file your Defence.

That's a month away. Loads of time to produce a perfect Defence, but don't leave it to the very last minute.


When you are happy with the content, your Defence should 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 "defended". If not chase the CCBC until it is.
   
6. Do not be surprised to receive a copy of the Claimant's Directions Questionnaire, they are just trying to put 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.

Tabz123

My MP responded in late Jan and mentioned that they had not heard back from ESP or Gladstones regarding their communications. He suggested that I await the Claim Form and then notify him. He said he would be willing to write a letter of support if required.

I had not been back to the post due to health issues and had been in and out of hospital. Furthermore, I had assumed that since the Letter of Claim had been sent by Gladstones, I would just await the Claim Form from the Courts.

My understanding of the Court process is that:

I can either fill in the 'defence form' and send the form back to the court so that it arrives within 14 days of the claim being served or fill in the ‘acknowledgement of service’ form and tick the box to say I wish to defend all of the claim. I would send the letter back within 14 days which then gives me another 14 days after that to complete the defence form and return it to the court.


My apprehension was perhaps because there had not been a response back to Gladstones on the letter of claim due to my illness. Also not being well acquainted with Legals I did not know where to start with compiling the defence.

KeithP

Your understanding of the process at this time is right - but no need to send any forms back.

Can I suggest you follow the guidance offered in post #69 above and start by doing the AoS online?

You need to be looking at examples of Defences linked from post #2 of the NEWBIES thread.

Pay particular attention to those concise Defences written by bargepole.