Sip Car Parks County Court Claim for 4 PCN

KeithP

Yes, as you say, your Defence must be filed by 4pm tomorrow.

When you are happy with the content, the Defence should be filed via email as described here:

1) Print the Defence.
2) Sign it and date it.
3) Scan the signed document back in and save it as a pdf.
4) Send that pdf as an email attachment to CCBCAQ@Justice.gov.uk
5) 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'.
6) Log into MCOL after a few days to see if the Claim is marked "defended". If not, you son should chase the CCBC until it is.
7) Wait for the Directions Questionnaire and come back here.

System

That is a good defence in parts. Is there any reason why your key parts (paid but not acknowledged / contract frustrated) is hidden by comments about court procedure, civil procedure rules and case law. All of these are not needed at this part.

If you have a clear and concise defence at this stage you may get an early strike out. If the allocating judge sees a lot of template waffle, it goes into the pile for a hearing.

Everyone has two chances to kill these roboclaims - the first defence and at the hearing - so make both count.

Would also add that some judges are now throwing out waffly template defences at the first stage too so editing the unnecessary is advisable. If you want to win - avoid losing first

GetSomeAdvice

Hi IamEmanresu,

Thanks for the comments.
I am now rearranging the template so that contract frustration and payments made and any offers made appear first.
I had sent the Defence earlier this morning but will amend and resend as it is likely it has not been served to the Claimant.

GetSomeAdvice

Hi All,

I have now received the DQ.
I am to complete as suggested on the forums.
Also Parking Firm has responded saying that they wish to proceed.
The Notice states that "Defence that Amount Claimed Has Been Paid".
In my defence I stated that 3 of the 4 days in question have been paid and I also offered a further payment which was rejected.
Right now I know it is proceeding to Court but all advice is welcome.

Coupon-mad

Also Parking Firm has responded saying that they wish to proceed.
The Notice states that "Defence that Amount Claimed Has Been Paid".

What notice says that, the letter from the PPC?

They are misstating the position, you haven't said the parking charge notices have 'been paid' which is what that means!

You had in your defence that the fee or tariff was paid on 3 out of 4 occasions. Not the PCN rip offs!

GetSomeAdvice

The letter ppc has sent has a !!!8220;Notice of Defence that Amount Claimed Has Been Paid!!!8221;

Coupon-mad

I would address that with a covering letter with the DQ to the court and the claimant, saying the claimant has clearly not read the defence properly because - for the avoidance of doubt - the defence is not that the amount claimed has been paid.

GetSomeAdvice

It looks like the letter attached was sent from the court to the PPC with he DQ.
He has simply attached it.

Coupon-mad

Then address it in a covering letter and say that the court has misunderstood the defence...blah blah. Just to cover it.

Then at WS and evidence stage you will be setting out the position in full.

GetSomeAdvice

I am hoping for some more direction.
I am drafting a simple letter to clarify that I paid parking sessions on 3 of the 4 occasions.
The DQ is due by the 28th.
I am also wondering whether I should obtain a !!!8220;Subject access request!!!8221; from SIP car parks (should take 30 days)?
It is in a view that they have never sent any evidence pack even in their Letter before claim.