County Court Business center Please Help!

Tratante

If they would just charge me for the 90 pounds I would probably pay but all this fees and contracts the talking about I think is ridiculous because I didn't signed any contract with them so how can they tell me that I breach the contract?

waamo

The signs form the contract. You agree to it by performance. In other words they tell you the conditions for parking and by parking you therefore agree to those conditions.

bargepole

Tratante wrote: »

Obviously I think this is an excessive amount to pay and I would like to build my defence based on the fact that they don't know if I was the driver when the issued me the ticket.

They don't have to know who the driver was.

Provided that their Notice to Keeper complies with Schedule 4 of the Protection of Freedoms Act 2012, they can hold you liable as the keeper of the vehicle.

The driver would not have signed any contract, but if the signs were clear and legible, the contract is accepted by conduct. If it clearly says that parking must be paid for, and it wasn't, that would be a breach of contract.

It's beginning to sound like your chances lie somewhere between slim and none, with this one.

Redx

you should have received a court form from the CCBC in Northampton, the office that deals with money claims like this


that form has a DATE OF ISSUE on it, plus an MCOL reference so you can login


did that form arrive ? (from Northampton, not from B W LEGAL) ?



if it did arrive , what is the DATE OF ISSUE on that form

waamo

Do you have any defence at all? This could be something like poor signage, lack of POFA compliant notices anything?

Tratante

Yes it arrived and the issue date is 19 of September.

There is lot people with similar situation as mine and they seem to get away with it.

I will not be paying the 290 pounds they are asking for that's for sure...

So is very likely I have no other way out...

KeithP

With a Claim Issue Date of 19th September, and having done the Acknowledgement of Service in a timely manner, you have until 4pm on Monday 22nd October 2018 to file your Defence.

That's over three weeks away. Plenty of time to hone your Defence to perfection.


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.

waamo

Tratante wrote: »

Yes it arrived and the issue date is 19 of September.

There is lot people with similar situation as mine and they seem to get away with it.

I will not be paying the 290 pounds they are asking for that's for sure...

So is very likely I have no other way out...

The good news is that you have plenty of time to formulate a defence. Check the notices for POFA compliance. There is a chance they don't comply.

Similarly signage is often poor. Go back and get pictures if you can. Check them carefully for example are the t&c's clear.

Coupon-mad

If I don't pay what's the worse it can happen to me? My credit report is horrendous anyways so I'm not too worried about affecting my credit score.

Worst case is getting a CCJ (maybe a bailiff after that) but only if you ignore our advice, or think that defence is your only job and if you don't bother to do a N180 DQ form, or forget all about your WS and evidence later, and expect to just rock up at a hearing having prepared nothing by way of evidence.

Worst case if you DO follow our advice, would be the odd case lost, and they pay about £150 - £175, with no CCJ, nothing at all bad, as long as you do not ignore any deadlines.

All stages are explained in really simple language in the NEWBIES thread, post #2.

Please, could you just go back and actually read the defences I painstakingly add there in the NEWBIES thread post #2, and that I keep as up to date as I can in my own time (and believe me most would have folded this year) for people like you to use and adapt?

Please show us a defence.

You will see what I mean when you stop flailing, and read the example defences I've posted for people.

Don't read about set asides.

Don't read (yet) about Witness Statements...read the defences posted in the sticky.