Claim Form for stopping near a no stopping road

anderg

Hi All,

I've been issued with several PCNs for stopping at Liverpool International Business Park.
I followed the thread advice and ignored all letters. Today I have received the attached Claim Form.

My supposed offence is stopping on a road where stopping is not permitted.
The situation is the following:
I do not have a functional hands free kit in my vehicle to make phone calls. I did see very small signs close to the kerbs at Liverpool International Business Park where I was visiting a customer. The signs said something about not stopping in very small text. I needed to make a call but I did not wish to do so while driving. I puled off the road into the driveway of one of the businesses at the Business Park. I did a u-turn so that I was now at the end of the driveway, facing onto the road again, as if about to turn left where the drive way meets the road. I put my hazard lights on on this driveway and made my call. My customer told me exactly where his offices were (the sat nav could not give me precise instructions as several businesses have the same postcode, which is why I had to make the call.) I then ended the call, took off my hazard lights, indicated left and drove back on to the road (the one with the no stopping signs) and visited my customer in his offices a few hundred metres away. A van with a camera took a photo of me at the end of the driveway (not on the road) with my hazard lights flashing.

Any advice is greatly appreciated.

KeithP

Have you received a Claim Form from The County Court Business Centre?

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

Redx

similar to this one then


http://parking-prankster.blogspot.com/2016/12/liverpool-business-park-motorist-wins.html


have you read the NEWBIES FAQ sticky thread post #2 ?

anderg

The date is 3rd Dec 2018.
I have read all of the newbies post. I don't see a #2 thread but I read everything I could in the newbies post.

How do I upload an image of the Claim Form? I have it as a jpeg file but the forum wants me to choose a URL to upload the file. Any easy way?

Thanks.

Coupon-mad

We never need to see a claim form. They are all standard.

You can see my reply here has #5 top right of it?

Go back and only read the section of the NEWBIES thread that has #2 top right.

If you were trying to use the forum on a phone, please stop. Can't use the forum that way.

Redx

the NEWBIES FAQ is a thread containing 5 posts (usually)

#2 is the second post in that thread

use tinypic for your jpeg and add a dead URL to your reply, changing http to hxxp

redact ALL personal info and references etc from any picture before you show it


and use a laptop for this, NOT a mobile phone

KeithP

anderg wrote: »

The date is 3rd Dec 2018.

With a Claim Issue Date of 3ed December, you have until 22nd December 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 [URL="https://forums.moneysavingexpert.com/discussion/4816822NEWBIES FAQ sticky thread[/URL].

Having done the AoS, you then have until 4pm on Monday 7th January 2019 to file your Defence.

That's over a month 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 [URL="https://forums.moneysavingexpert.com/discussion/4816822NEWBIES FAQ sticky thread[/URL] to find out exactly what to do with it.

anderg

Thanks!
I have re-read #2 and I see that I should have requested a SAR
Is it too late to do that now so that I can see everything they have on me?
Also, would you recommend that I go to the site again and take as many photos as I can of the signage (obviously on foot, not stopping on their roads to do so)?
Would it help if I got a Citroen specialist to confirm that my hands free kit is faulty?
Would it help to gain evidence from my mobile phone provider that I made a call on that day at the time specified by the claimant?
Given my explanation above, what additional evidence would you recommend that I obtain to help me to fight the claim?

Apologies for all the questions. Just want to make sure I get this 100% right.

Coupon-mad

Never too late for a SAR. Look on their data Privacy page and email it NOW. Tonight.

All of this would be good for WS and evidence stage in the New Year:

Also, would you recommend that I go to the site again and take as many photos as I can of the signage (obviously on foot, not stopping on their roads to do so)?
Would it help if I got a Citroen specialist to confirm that my hands free kit is faulty?
Would it help to gain evidence from my mobile phone provider that I made a call on that day at the time specified by the claimant?

anderg

Thanks again.
I have done my AOS and will now work on the SAR and then evidence gathering.
If I understand correctly I will now need to email all of my evidence and an explanation of what happened on the day to the court.
It is late, so I will re-read everything tomorrow and will busy myself gathering evidence with the aim of submitting it sooner rather than later.

Thanks for all the help so far. I can't believe that this practice is perfectly legal.

KeithP

Submission of evidence and Witness Statement will be sometime in the New Year.

Yes of course start gathering evidence when you can, but the important bit at the moment is filing your Defence before the deadline.