County Court Claim Form received

DEANO606

Hi


I have received a county court claim form from Northampton CC Business Centre. This refers to a parking fine from an NCP Car Park in Rumford Street, Liverpool with BW Legal being the legal representative.

I received and ignored the earlier letters. I was not the driver of the vehicle at this time, and can prove via photos I took that are geolocated, that I was in fact in another city that day.

Can anyone direct me to the most appropriate action I should take after posting off the Acknowledgement of Service form?


Thanks in advance.

Le_Kirk

Follow this link and take the actions you find there.

Coupon-mad

You are not 'posting off' any form.

DEANO606

Hi

Sorry for the delay in this. I suffer with serious ADHD and anxiety, and its a real struggle to compute this type of information.

I completed an acknowledgement of service for both which was received on 05/09/2018 at 05:23:45

I was not the driver on both occasions - I lent the car to a visitor from Canada who is no longer in the country and who had left before I received the bills.I am the keeper of the vehicle only.

I am now required to submit a defence separately for both claims, which are identical circumstances just a few weeks apart. Is there more I need to do besides declare that I wasn't the driver?

For clarification - the car park was an NCP in Liverpool near my house - at around this time I know they were introducing cameras for the first time at this car park from just a regular patrol checking for non-payers.

Thanks in advance for any advice.

Coupon-mad

Is there more I need to do besides declare that I wasn't the driver?

Yes of course, unless you want to lose.

Read other NCP threads.

DEANO606

I have tried reading a few but I'm pretty overwhelmed by it all. Is there one specific thread that has a simple procedure I can follow? There's just a lot of information, headers underlining, etc. Any advice would be gratefully received

thanks

KeithP

DEANO606 wrote: »

Sorry for the delay in this.

But it's a three weeks' delay. Crazy!

What is the Date of Issue on your Claim Form?

DEANO606

Date of Issue 30th August. I assumed I had an additional 30 days to respond ewith more information, but it seems I have left it really late?

KeithP

DEANO606 wrote: »

Date of Issue 30th August. I assumed I had an additional 30 days to respond ewith more information, but it seems I have left it really late?

Not too late, but it does look like three weeks have been wasted.


With a Claim Issue Date of 30th August, and having done the AoS in a timely manner, you have until 4pm on Tuesday 2nd October 2018 to file your Defence.

That's less than two weeks away. Please don't leave it until the last minute.


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 your Directions Questionnaire and then re-read post #2 of the NEWBIES thread to find out exactly what to do with it.

DEANO606

Thank you Keith, that's really a big help to understand the steps like this. I have the details of the driver for both fines. Is it enough to just defend it on this basis? I can possibly get a statement from the driver at the time who is now in canada.

Coupon-mad

Is it enough to just defend it on this basis?

No, unless you want to lose.

You MUST put the Claimant to strict proof of things like:

- their signage (the contract)
- and the landowner authority,
- and grace periods, if you think they are saying the driver paid but exceeded time,
- and whether any contravention of clear terms actually occurred.

Why not just read other defences where the person was not the driver and the PCN was issued by post, using ANPR images? Search for ANPR defence and find ones like this:

https://forums.moneysavingexpert.com/discussion/comment/74773587#Comment_74773587

For clarification - the car park was an NCP in Liverpool near my house - at around this time I know they were introducing cameras for the first time at this car park from just a regular patrol checking for non-payers.

OK so you will hopefully have found when you looked at the BPA Code of Practice applicable at the time, that when the restrictions change, the CoP requires extra signs to alert people to the change.

The example I linked for you, includes reference to that section of the BPA CoP.

You will need to state that you were not the driver, but it's not the only thing to say, by any means!

Show us your defence draft now you have a better idea of how it can look.