County court claim help

wp123

hi I am in the process of going through the newbies thread thoroughly but if ive read it right its also best to start a thread of my own.

so I have just returned from holiday to find I have a county court claim form with regards to 3 parking charges from Bradford in 2016. the total amount now being claimed from me is £683.25

firstly I followed the instructions in the dropbox and I have acknowledged the claim through mcol link

the confusion I have at the moment is how I defend because I have no knowledge of getting these parking tickets

I have google mapped the the postcode on the claim and its a small private car park for a few different businesses near the theatre the driver was working at

if I have recieved any letters before this I have ignored them because I foolishly thought that was the right thing to do and that if they weren't issued by a council you couldn't enforce them. clearly I was wrong and lesson learned on that front.

so where do I go from here?

any help is really greatly appreciated. I know some/all of the information is probably in the newbies thread and ive just not seen it in my panicking so apologies if im wasting time and thank you in advance for all your help.

Redx

edit your post above to remove any hint of who was driving

and nothing "illegal" happened , but parking contraventions may have happened

who is the PPC ?

who is the solicitors involved ? (if any are involved)
what is the service date on your claim form ?

how have they broken down to more than £683 for 3 parking tickets totalling £300 at £100 each ?


being able to pay is not an issue in a legal case, even a homeless person with no assets can be taken to court and a judgment awarded against them, so doesnt make any difference whatsoever if you can find the cash or not

all a court case does is to attribute liability on you if you lose , with the judgment including the figure owed if you owe it , plus a legal route to enforcement to clear it

your defence will be similar to many others listed in that NEWBIES thread, based on legal points

post the proposed draft on here once completed (adapt one)

wp123

hi Redx

thanks for your quick response have removed hints from above post as suggested. if you think I have missed anything let me know. I hadn't considered that.

the ppc is uk car park management limited

the solicitors involved are Gladstone's

the form was issued on the 14th of august so believe that means my 28 days starts from the 19th

and the breakdown of costs is
amount claimed: £553.25
court fee: £60
legal representatives costs: £70
total amount: £683.25

I shall keep going through the newbies thread and post a draft defence on here once I think ive got it right.

thanks again for the help

KeithP

With a Claim Form Issue Date of 14th August and the AoS having been done in a timely manner you have until 4pm on Monday 17th September 2018 to file your Defence.

Redx

3 parking charges of £100 does not amount to £553.25

its an abuse of process

as its gladrags and a UKCPM claim, read all the otehrs and formulate your own draft based on those others, and especially about the costs breakdown not adding up and abuse of process in the small claims court

and in post #1 , the car park is near the theatre that the driver was working at !!!


the words "MY , ME MYSELF & I" should not be used at any time

System

What did they say you did? Did you?

What did the signs say?

wp123

they say the driver parked illegally 3 times. The driver did park there but doesn't remember receiving any tickets at the time and was only there for a month with work so is unable to go back and check the signage. I was away for a year in Asia with work so any letters received on behalf of the driver probably went straight in the recycling.
the lesson has very much been learned with regards to not ignoring the early warnings and instead appealing immediately any supposed wrongdoing but alas that doesn't help on this occasion.

Coupon-mad

No they don't. They do NOT say anyone parked 'illegally'.

It's not even illegal parking when you get a real PCN from the Council, let alone a scumbag fake PCN! You mean they sat the car was 'unauthorised' which is not the same as 'illegally parked'!

It's a no-brainer to defend. Even if you lose in court, three fake PCNs is not over £400 (including court fee), let alone over £600!

the ppc is uk car park management limited

the solicitors involved are Gladstone's

So show us your draft defence like you will see everyone does.

Read some UKCPM Gladstones defence threads. Those are your search keywords.

System

they say the driver parked illegally 3 times.

So show us your draft defence like you will see everyone does.

Sending in a defence that does not answer the issue is asking for trouble. "Illegally" means nothing so you have to try to remember what it would have said on all the paperwork that was sent. Even if it did you into the recycling, there must be a memory of the outline e.g. no permit, double lines, failing to pay, overstaying.

What is this actually about .... then write a defence. If you still don't know as you were not the driver, then say so and say where you were on those 3 days.

If they send you a Letter before Claim, there was the opportunity to ask for more details so you could prepare a decent defence. See the explanation in the link below [Box 1]. Did you reply to it / ask for more information?

https://www.justice.gov.uk/courts/procedure-rules/civil/pdf/protocols/debt-pap.pdf

wp123

IamEmanresu wrote: »

Sending in a defence that does not answer the issue is asking for trouble. "Illegally" means nothing so you have to try to remember what it would have said on all the paperwork that was sent. Even if it did you into the recycling, there must be a memory of the outline e.g. no permit, double lines, failing to pay, overstaying.

What is this actually about .... then write a defence. If you still don't know as you were not the driver, then say so and say where you were on those 3 days.

If they send you a Letter before Claim, there was the opportunity to ask for more details so you could prepare a decent defence. See the explanation in the link below [Box 1]. Did you reply to it / ask for more information?

very late reply im aware. work has gotten truly crazy but im aware im on a timescale so have set aside today and tomorrow to blitz through threads and draft a defence to get sent off.

I believe the outline would have been with regards to not showing a valid permit as the driver was parked in the car parking spaces outside of some small business if the postcode on this claim is correct. best I can do is google maps to try and get the address as the driver does not remember receiving these tickets but its two years ago so thats probably why.

I do not remember receiving a letter before claim most likely is I confused it for a debt recovery letter and it too went into the recycling

the wording on this county court claim paperwork does not have any details.

truthfully the main objection is the extortionate claim as had the claim been for around the 300 pound mark I probably would have spoken to the driver and paid it to avoid the court faff but as previously discussed I don't feel 3 tickets and court fees adds up to over £500

thanks for your help so far

KeithP

To expand upon what I wrote in post #4:

KeithP wrote: »

With a Claim Form Issue Date of 14th August and the AoS having been done in a timely manner you have until 4pm on Monday 17th September 2018 to file your Defence.

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

1) Print your 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 chase the CCBC until it is.
7) Wait for the Directions Questionnaire and come back here.