MB- Popla Rebut Ques

Umkomaas

2.1. The Claimant’s £100 Charge Value has risen to £105 for the PCN as per the received ‘County Court Claim Form’. The Claimant has at no time provided an explanation as to how the sum has been calculated, or the conduct that gave rise to it.

Is that correct, just a £5 increase? Normally they jack it up by around £60?

Typo?

KeithP

With a Claim Issue Date of 23rd July, and having done the Acknowledgement of Service in a timely manner, you have until 4pm on Tuesday 27th August 2019 to file your Defence.

That's less than a week 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 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 "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 [URL="https://forums.moneysavingexpert.com/discussion/4816822NEWBIES FAQ sticky thread[/URL] to find out exactly what to do with it.

minster.sucks

Umkomaas wrote: »

Is that correct, just a £5 increase? Normally they jack it up by around £60?

Typo?

The original PCN stated £60 if paid within 28 days, thereafter it would be £100. My main point with the £5 increase, is that it has been inflated with no detail as to why, and that it is now in fact over the £100 originally stated (albeit after the set period).

The particulars of Claim are as follows just to clear up:

The driver of the vehicle with registration xxxxxxx (the 'Vehicle') parked in breach of the terms of parking stipulated on the signage (the 'Contract') at xxxxxxxx, on xxxxxx thus incurring the parking charge (the 'PCN'). The driver of the vehicle agreed to pay the PCN within 28 days of issue yet failed to do so. The Claimant claims the unpaid PCN from the Defendant as the driver/keeper of the Vehicle. Despite demands being made, the Defendant has failed to settle their outstanding liability/ THE CLAIMANT CLAIMS £105 for the PCN, £55.00 contractual costs pursuant to the Contract and PCN terms and conditions, together with statutory interest of £9.58 pursuant to s69 of the County Courts Act 1984 at 8.00% per annum, continuing at £0.04 per day.

minster.sucks

KeithP wrote: »

With a Claim Issue Date of 23rd July, and having done the Acknowledgement of Service in a timely manner, you have until 4pm on Tuesday 27th August 2019 to file your Defence.

That's less than a week 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 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 "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 [URL="https://forums.moneysavingexpert.com/discussion/4816822NEWBIES FAQ sticky thread[/URL] to find out exactly what to do with it.

I'll give it another day or so here, incase anyone has any words of wisdom before finalising and emailing across. Thanks for the direction & guidance KeithP.

minster.sucks

Just an update, today received acknowledgement of defence from CC Business Centre, according to the letter if court proceedings are not escalated within 28 days of the claimant receiving defence, the claim will be stayed. Watch this space.

nosferatu1001

It costs them nothing to continue at this point, so they will continue.
Start working on your WS.

minster.sucks

I have received DQs from GS which I was expecting anyway, nothing from Northampton for myself as yet.
My question however (and I have checked through various threads but can't seem to find a layman's answer, before I get directed to #2 of newbies thread), is what do they mean by:
"You will note the Claimant has elected to mediate in an attempt to settle this matter amicably, without the need for further Court intervention. Should you agree to mediation, please inform the Court who will contact both parties to arrange a mediation appointment"
Is this 'reading between the lines' GS suggesting they are up against the ropes and are hoping for an easy out, or just a formality? As the ones I have seen, the Claimants have mentioned they are not electing to mediate.

Umkomaas

Is this 'reading between the lines' GS suggesting they are up against the ropes and are hoping for an easy out, or just a formality? As the ones I have seen, the Claimants have mentioned they are not electing to mediate.

It's just standard stuff. Sometimes they tick the mediation box, sometimes they don't. It's random and means nothing. The main message is that there's no mileage in mediation for you and the forum always advises that it is refused.

minster.sucks

Evening everyone and firstly thanks to all the contributors to the thread I started when this whole ordeal came about 18 odd months ago. Unfortunately I find myself in the 1-2% of losers of PCNs and have just begrudgingly paid a fine of £201. It was a very hard pill to swallow considering the time/effort and the belief that I was genuinely going to beat these !!!!!! in court. The judge awarded the sum of £100 for the signposted charge, £1 for interest acrued and another £100 for costs incl court and gladstone fees. I appreciate lots of people do win their cases, but I want people to know that despite following best advice here, not all outcomes are wins. I wish everyone who gets a PCN in the future the best of luck!