Claim form received, advice needed please!

Quentin

You sure about that date?


Looks the date of the incident not the claim

Coupon-mad

OK, same as every Gladstones case; start by reading other defences involving these keywords (put all 3 into 'advanced search'):

Lidl Euro Gladstones

Do that forum search and spend some time reading other threads like yours. To read loads of winning ones, try this keyword search:

another one bites the dust Gladstones

And read the NEWBIES thread 2nd post, of course al is not lost, you are probably - at last - about to start the process to win the case, as 99% of people here still do.

We want to know that you have done the AOS as shown in pictures in the 2nd post of the sticky thread, and the DATE OF THE CLAIM.

doughboy2000

Sorry issue date is 02 NOV 2018.

Euro Parking Services Limited is registered with IPC

Thanks, will search and read!

Redx

doughboy2000 wrote: »

I confess I'm completely new to this legal stuff, is the Claim Form a court summons?

yes its a civil court claim form if it came from the address listed for Northampton CCBC (a government office)

NO, it is NOT a summons, a summons is issued for a criminal offence, this isnt one

it is a court claim and is dealt with in your local county court, but that comes later down the line

for now, its do the AOS online by registering and using the reference on the bottom right of your claim form

then its draft your DEFENCE and post it below, for critique

so just 2 things to do for now , which then gives you all of this month to hone your defence

KeithP

doughboy2000 wrote: »

issue date is 02 NOV 2018.

With a Claim Issue Date of 2nd November, you have until Wednesday 21st November 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 Wednesday 5th December 2018 to file your Defence.

Over four weeks. 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 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.

doughboy2000

Would it be better to make sure the Driver has a good defence before submitting the acknowledgment of service?

Thanks

Quentin

There is no detriment at all to doing an AOS


All it does is buy you time to prepare a defence (or make an informed decision not to defend the claim!)


(Why is the Driver doing the defence??)

KeithP

doughboy2000 wrote: »

Would it be better to make sure the Driver has a good defence before submitting the acknowledgment of service?

No .

doughboy2000

Ok thanks.

Quentin (its the anonymity thing)

Redx

no its not

either the claim form was issued to the keeper of the vehicle, or the parking company were told the name of the driver and therefore issued it to the driver (a driver cannot use POFA2012)

so on the assumption that nobody blabbed, the KEEPER received the claim form and the KEEPER is defending it

however, sometimes a driver defence is better, but only where a driver can shed light on the actual events and therefore may win a case which a keeper cannot AND especially if the PPC have complied with POFA2012

so its decide which entity you are, which cap is being worn for the defence

but if the driver was divulged, then its a default driver defence, not a keeper defence at all (even if they are one and the same person)