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[Defence Stage] UK CPM & Gladstones Residential Spot

BarraDisciple
BarraDisciple Posts: 57 Forumite
Third Anniversary 10 Posts Combo Breaker
Hi everyone.

I've been at this with UK CPM and Gladstones for quite a while now.

My previous thread has been closed, not sure why, and you can read any update up until this moment https://forums.moneysavingexpert.com/discussion/5756687/leaseheld-space-double-ticket&page=3#topofpage

At this point, I received a Claim form and will need to start drafting my defence. Happy days!

Quick question: After receiving the form and completing the Acknowledgement Of Service, do I just send the form back to the court to get the extension to 28 days?

I will work on my draft in the next few days and post here for feedback,

Thank you all for your help so far! :beer:
«13456

Comments

  • Redx
    Redx Posts: 38,084 Forumite
    Eighth Anniversary 10,000 Posts Name Dropper Photogenic
    No , you login online and do the aos online using the mcol ref on the bottom left

    this AOS extends the defence prep time from 14 days to 28 days

    you do not send anything by post


    the actual defence will be emailed as a pdf attachment

    read some of the posts by KeithP where he outlines what to do and when


    post the DATE OF ISSUE and the full POC details below, minus any personal info
  • Coupon-mad
    Coupon-mad Posts: 161,721 Forumite
    Part of the Furniture 10,000 Posts Name Dropper Photogenic
    edited 19 November 2018 at 9:21PM
    Here's your first post summary of the situation:
    First and foremost thanks to all the contributors, even by reading some other posts I already feel a lot better about my situation and I'm determined to not pay this charge.

    The other day I found a windscreen notice on my car and on the same day I found a NTK in my letter box, so the charge went from £100 to £200 in just a few hours!

    What they did was not leave a windscreen ticket the first time (a few weeks ago) and left one just a few days ago, so they "got me twice", reason being: Not displaying permit

    Whilst the permit was not displayed at the time (left the car in my own private spot which I pay ££ for, in a secure residential site for a quick stop at home before leaving again) I feel that I'm being scammed in some way.

    Also I'm not sure what arguments I can make as the signage is pretty clear and the permit wasn't visible at the time (left on the passenger seat).

    I just find the whole thing unjust as I already pay good money for that space monthly and the amount they request is insane as I didn't damage or obstruct anything.
    PRIVATE 'PCN'? DON'T PAY BUT DON'T IGNORE IT (except N.Ireland).
    CLICK at the top or bottom of any page where it says:
    Home»Motoring»Parking Tickets Fines & Parking - read the NEWBIES THREAD
  • Coupon-mad
    Coupon-mad Posts: 161,721 Forumite
    Part of the Furniture 10,000 Posts Name Dropper Photogenic
    After receiving the form and completing the Acknowledgement Of Service, do I just send the form back to the court to get the extension to 28 days?

    You don't send any paper forms back.

    What's the issued date on the claim form (top right) and what do the Particulars of Claim say, are they claiming for two PCNs, what does it say (ALL WORDS AND ALL £SUMS, MINUS THE VRN PLEASE).
    PRIVATE 'PCN'? DON'T PAY BUT DON'T IGNORE IT (except N.Ireland).
    CLICK at the top or bottom of any page where it says:
    Home»Motoring»Parking Tickets Fines & Parking - read the NEWBIES THREAD
  • KeithP
    KeithP Posts: 41,296 Forumite
    Part of the Furniture 10,000 Posts Name Dropper
    Redx wrote: »
    read some of the posts by KeithP where he outlines what to do and when
    ...and will do again as soon as we see the Issue Date on the Claim Form. ;)
  • Thanks a lot, guys.

    Issue date is 8th of November.

    So do I just continue online from the address they provide on the forms?
  • nosferatu1001
    nosferatu1001 Posts: 12,961 Forumite
    10,000 Posts Third Anniversary Name Dropper
    By "continue online" you follow, precisely, the instriuctions in post two of the newbies thread

    Using the MCOL portal you will acknowledge the claim
    THEN
    You will never submit anything through the portal again. Your defence will be sent via email.

    Dont ask quesitons here until you have checked post 2 of the newbies thread. If it is about procedure, it WILL be answered there.
  • KeithP
    KeithP Posts: 41,296 Forumite
    Part of the Furniture 10,000 Posts Name Dropper
    edited 4 December 2018 at 8:31PM
    Issue date is 8th of November.
    With a Claim Issue Date of 8th November, you have until Tuesday 27th 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 Tuesday 11th December 2018 to file your Defence.

    That's three weeks away. Loads of time to produce a very good 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.
  • AOS completed. Thank you very much guys, much appreciated.

    Will start working on my defence ASAP and will get back to you when I have a draft.

    Thank you!
  • Coupon-mad
    Coupon-mad Posts: 161,721 Forumite
    Part of the Furniture 10,000 Posts Name Dropper Photogenic
    Coupon-mad wrote: »
    and what do the Particulars of Claim say, are they claiming for two PCNs, what does it say (ALL WORDS AND ALL £SUMS, MINUS THE VRN PLEASE).
    As above, please, so we know what's what.
    PRIVATE 'PCN'? DON'T PAY BUT DON'T IGNORE IT (except N.Ireland).
    CLICK at the top or bottom of any page where it says:
    Home»Motoring»Parking Tickets Fines & Parking - read the NEWBIES THREAD
  • Hi guys. Apologies I missed the above!

    They are only claiming one of the 2 tickets by the way, they dropped one along the way, as in I (ironically) didn't hear anything back after they sent a response to my appeal stating that I was outside of the permitted time to appeal for it.

    Here are the Particulars of Claim:
    The driver of the vehicle registration (the 'Vehicle") incurred in the parking charge(s) on xx/xx/2017 for breaching the terms of parking on the land at [Address].
    The Defendant was driving the Vehicle and/or is the Keeper of the Vehicle.
    AND THE CLAIMANT CLAIMS
    £160 for Parking Charges/Damages and indemnity costs if applicable, together with interest of £10.92 pursuant to s69 of the County Courts ACT 1984 at 8%pa, continuing to Judgement at £0.04 per day.

    I'm doing some research on similar cases and possible drafts for a defence.
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