Letter Before Claim - Parking

KeithP

eddtheduck wrote: »

The issue date on the Claim Form was 13th March. We rang CCBC on 28th March and they agreed that we had until 1st April to submit the AoS, and suggested that we sent it via email, which we did on the same day.

They were unable to say why there was a bar on the claim.

On 29th March we got a letter from CCBC apologising that the Claim Form had not been sent out until 22nd March and giving us until 11th April to reply. However we had already emailed the AoS by then and it is showing as having been received on MCOL.
Also, there is no longer a bar on the claim.

As the CCBC have given you 'until 11th April to reply', i.e. to do the AoS, then you have until 4pm on Thursday 25th April 2019 to file your Defence.

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

Because of the uncertainty, I would suggest that you file your Defence a few days early, at least.


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 "defence received". 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.

eddtheduck

We're a bit further down the track now and are filling in the Directions Questionnaire. We have some questions: as this is my wife's case, am I allowed to be with her in the courtroom for moral support and if so, do I count as a witness to be included in the "number of witnesses" question on the DQ?
If I were allowed in, would I have to stay silent the whole time?

The_Deep

Nine times out of ten these tickets are scams so complain to your MP.

Parliament is well aware of the MO of these private parking companies, and on 15th March 2019 a Bill was enacted to curb the excesses of these shysters. Codes of Practice are being drawn up, an independent appeals service will be set up, and access to the DVLA's date base more rigorously policed, persistent offenders denied access to the DVLA database and unable to operate.

Hopefully life will become impossible for the worst of these scammers, but until this is done you should still complain to your MP, citing the new legislation.

http://www.legislation.gov.uk/ukpga/2019/8/contents/enacted

Just as the clampers were finally closed down, so hopefully will many of these Private Parking Companies.

Le_Kirk

You can only be a witness if you were there on the day of the alleged parking issue. When you arrive at the court, you just tell the usher that you are there as either: -
Moral support (in which case I doubt you could speak) OR
McKenzie friend OR
Lay rep
Look up the second two and find out exactly what each is.

eddtheduck

Bit of an update - we've received papers from the local court telling us what to do next (basically, how to compile witness statements), but not actually setting a date for the hearing yet.

We've also received a response to an FOI request to the local council, which says that the status of the road in question (let's call it the 'Lane') is a public highway which is NON-maintained. This is different to what we put in our Defence - we said that it was maintained, and that the council were the only body with authority to issue parking tickets. The council have now denied that they have any authority to do so.

It appears that each property owner in the Lane owns the roadway directly in front of the property up to the middle of the roadway. The owner of the property where the parking incident occurred is actually the management company of an adjoining street (let's call it the 'Close'), whose only entrance is via the Lane, and which fronts on to the Lane on either side of this entrance. The management company of the Close engaged a parking company (CPM) to control parking on their side of the Lane. Before this, for several years, parking there was not controlled.

My questions are: 1) Given that the Lane is described as a public highway, do the management company have the authority to control parking on their side of the road in this way, simply by virtue of ownership?

If so, then 2) In what sense is it a public highway?

and 3) Am I correct in thinking that all the other property owners in the Lane have the right to control parking in front of their properties in a similar manner?

Many thanks for all your help.

Coupon-mad

My questions are: 1) Given that the Lane is described as a public highway, do the management company have the authority to control parking on their side of the road in this way, simply by virtue of ownership?

If so, then 2) In what sense is it a public highway?

and 3) Am I correct in thinking that all the other property owners in the Lane have the right to control parking in front of their properties in a similar manner?

Honestly, I am not sure and a bit tired tonight, so bumping this for answers tomorrow.

eddtheduck

... Anyone? (just bumping again for answers)

Le_Kirk

I guess the reason you haven't received answers is because no one knows!