Advice please - Letter Before Claim - Doncaster Airport - stopping in a no stopping zone

supertallguy

Hi, Happy New Year!!!


Well, kinda, I've now received the MCOL Letter over the festive period.


Great, best get my defence pulled together - will use the one highlighted in the thread as guidance and have a search for new ones.


Again, any advice is welcomed.


Thanks

KeithP

Looks like you might have received a Claim Form from the County Court Business Centre in Northampton. Is that right?

If so, then please tell us the Issue Date on your Claim Form.

Redx

also post the full POC and the breakdown of charges on the form as well

supertallguy

Yes, I have received the Claim Form from the CCBC in Northampton.


Issue Date:19th December


POC:


The claimant's claim is for the sum of £160 being monies due from the defendant to the claimant in respect of a charge notice (CN) for contravention of DATE at Robin Hood Airport Doncaster.


The CN relates to CAR DETAILS under registration *******. The terms of the CN allowed the defendant 28 days from the issue date to pay the CN, but the defendant failed to do so. Despite demand having been made the defendant has failed to settle their outstanding liability.


The claimant seeks recovery of the CN and interest under section 69 of the County Courts ACT 1984 at the rate of 8% at the same up to the date of Judgement or earlier payment.


Breakdown of Charges
Amount claimed: £!60
Court Fee: £25
Total: £185


I realise I've 'sat' on it a while but have had to Christmas out of the way.


I've registered on the MCOL website this afternoon - regarding acknowledgment of service and I intend to defend it.

Redx

ok, so for a start, the £160 claimed is incorrect, the signage at RHA would not have stated that £160 was the sum, so its been inflated by adding on debt collector charges or similar , so find out what those signs actually say , using google or whatever means at your disposal (I suspect it wont be more than £100)

so this will be one of your objections

and as bylaws apply , then that will be another objection and/or defence point , because you would expect that a penalty notice should have been issued and this should have gone to Magistrates court within 6 months, not civil court

those POC dont actually say what any alleged offence was, but its likely that the CN was being raised for stopping on a roadway, not as a parking charge

send VCS a SAR to their DPO if you havent done so already, to get all their data on you and your vehicle

than , if your AOS has been done, start on drafting your defence

KeithP

supertallguy wrote: »

Yes, I have received the Claim Form from the CCBC in Northampton.

Issue Date:19th December

With a Claim Issue Date of 19th December, you have until Monday 7th January to do the Acknowledgement of Service, but there is nothing to be gained by delaying it. To do the AoS, follow the guidance offered in a Dropbox link from post #2 of the NEWBIES FAQ sticky thread.

Having done the AoS, you then have until 4pm on Monday 21st January 2019 to file your Defence.

That's nearly three weeks away. Loads of time to produce a perfect Defence, but don't leave it to the very 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 "defended". If not chase the CCBC until it is.
   
6. Do not be surprised to receive a copy of the Claimant's Directions Questionnaire, they are just trying to put you under pressure.
   
7. Wait for your DQ from the CCBC, or download one from the internet, and then re-read post #2 of the NEWBIES FAQ sticky thread to find out exactly what to do with it.

supertallguy

Both,


Points above duly noted.


I have registered my AOS with MCOL this afternoon.


Best get on with beating them.


Thanks - will update the thread with progress.

supertallguy

Hi,


OK, so I sent my defence in on time - had it checked by a solicitor (friend of mine). She said it looked good - we'll see how good..... I used the one in the link provided earlier in the thread but amended as I saw fit.


I have now received the DQ and filled it out as directed in the newbies thread (requested the closest county court etc.


I guess I copy it and send it to the claimant and Northampton now?


Will have a look at the newbies thread again and start preparing my witness statement now.


Thanks

Redx

was the DQ from Northampton CCBC? or the claimant ?


as long as its from Northampton CCBC , you can follow the correct details from the NEWBIES sticky thread on what to do with it

supertallguy

Northampton


I've had no letters from BW Legal or Gladstones - will they get involved? Or is it past that stage?