Court summons received, help needed..

horseygin

Hello, a court summons arrived last week regarding a stay in a car park run by minster baywatch. We have tried to work our a defence from the newbie thread but it does say to start a new thread in this situation.
Briefly the car was lent to the driver by a garage and stayed 11 or 12 minutes in a car park that had no obvious sign stating that anpr technology was being used in that car park. Photos have been taken. The driver decided not to stay after watching a group of young men on bikes hanging around in one corner of the car park and every now and again one would cycle round the cars looking into them. The driver then left and found a safer space to park.
The details of the driver must have been supplied by the garage. Unfortunately the previous letters have not been kept- being of the threatening debt collectors types which we have previously ignored nd have never been escalated .
A popla code has been requested and a claim was duly denied by the firm, the driver is now being pursued by Gladstone’s, form dated last week .
We have read some of the defence letters but they seem very long and we are not sure which defences are relevant to this situation, many thanks in advance for any help that can be provided.

Fruitcake

The person the garage loaned the car to is not necessarily the person who was driving at the material time, and their identity cannot be assumed unless the scammers have been told by somebody else during the appeal process.

KeithP

horseygin wrote: »

...a court summons arrived last week...

Have you received a Claim Form from the County Court Business Centre in Northampton?

If so, what is the Issue Date on that Claim Form?

If not, tell us what you have received.

Umkomaas

Another wall of unparagraphed text!

horseygin

Yes we have, dated 7 / 11 thanks

KeithP

horseygin wrote: »

Yes we have, dated 7 / 11 thanks

With a Claim Issue Date of 7th November, the Defendant has until Monday 26th 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, the Defendant then has until 4pm on Monday 10th December 2018 to file a Defence.

That's almost four weeks away. Loads of time to produce a perfect Defence, but don't leave it to the very last minute.


When the Defendant is happy with the content, the Defence should be filed via email as described here:

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

horseygin

Our apologies, grammatical perfection is not prime concern with all that we have going on at the monent.

KeithP

horseygin wrote: »

Our apologies, grammatical perfection is not prime concern with all that we have going on at the monent.

The problem with that is that those you are seeking help from may well gloss over a post that is difficult to read and move on to something easier.

horseygin

Thank you , this is the testing part, can we rely on the poor or totally absent signage? Or the fact that the driver had not even left the car park due to the situation which appeared insecure? The claim exceeds £200 , for a “stay” of 11 or 12 minutes.