Claim form pack arrived for parking fines on private land

simone82

Can anyone help, I have received a CCJ letter for fines received at my own place of residence.

The parking area is private property and the parking permit issued from the same company that issued me the tickets. I also pay a weekly service charge for the parking.

The reasons i received the fines is because on 1 occasion i had a hire car so completely forgot to put the permit in the hire car and the other occasions where I just forgot.

As its private land and only residents can park here is there anything i can say to fight this?

KeithP

simone82 wrote: »

Can anyone help, I have received a CCJ letter...

Have you really received a County Court Judgment?

Or have you perhaps received a Claim Form from the County Court Business Centre in Northampton?

Please clarify.

simone82

Sorry yes I can confirm it is a Claim form from the business centre!

KeithP

What is the Issue Date on your Claim Form?

Can you please edit your thread title to replace the word CCJ with Claim Form?

To edit the title go in to edit on your opening post then go advanced then put what you want in the title box.

simone82

Will edit it now!

The issue date is the 10/12

KeithP

simone82 wrote: »

The issue date is the 10/12

With a Claim Issue Date of 10th December, you have until Monday 31st 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 14th 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.

simone82

Hi KeithP, I have now submitted the AoS and have spent the last few hours trawling through many many tthreads. I still feel lost and am overwhelmed by all the defenses I have read, which make no sense to me at all.


The particulars of the claim against me states the following:


The driver of the vehicle registration XXX (the 'Vehicle') incurred the parking charge(s) on XXX for breaching the terms of parking on the land at XXX.
The Defendant was driving the Vehicle and/or is the Keeper of the Vehicle.
AND THE CLAIMANT CLAIMS
£XXX for Parking Charges/Damages and indemnity costs if applicable, together with interest of £XXX pursuant to s69 of the County Courts Act 1984 at 8% pa, continuing to Judgment at £XXX per day.


The points that I want to defend are as follows:


* I have been issued a residents parking permit from the Claimant on behalf of my landlord to park in the said parking space
* The Claimants are aware that I am a resident
*The car park is private property, only residents are allowed to enter the carpark and be parked there
* There has been no Damages and indemnity costs to the Claimants?
* It states I have breached the terms of parking on the land at XX



Lastly on the claim form I have noticed that it says the charges were incurred on 05/04/2016, 07/05/2016, 07/05/2016, 07/05/2016, 07/05/2016, 07/05/2016 & 07/05/2016 - I presume this is a typo error on the Claimants park as they cant all be from the same dates etc?


I find it ridiculous that they are claimimg against me at the same address, knowing that they themselves are the ones who have issued me with my residents permit (which I paid for).


Can you please advise whether I can just write my defence like this or do I have to make it sound all fancy like some of the ones I have been reading, I do hope not as they dontn make sense to me and I dont know how to change my wording to make it sound like that??!!


HELP

Redx

you havent said who the claimant is

if this is a residents parking court case (not Judgment) then you should be looking at all the others that are ongoing or concluded

it seems to me that your case may be similar to this one that BARGEPOLE won for the lady

https://forums.moneysavingexpert.com/discussion/5927351

I suggest you read his defences and draft your own defence based on his examples

simone82

Thank you will try and have a look, the claimant is PCM and solicitors is Gladstones

simone82

Hi



Can any one help with my next steps??


I submitted my defence on the 3/1/2019 and yesterday received a letter from Gladstones (Solicitor for the claimant) with the following;


Firstly the covering letter says:


" We act for the Claimant and have notified the Court of our Client's intention to proceed with the claim.


Please find enclosed a copy of our Client's completed Directions Questionaire, which will be filed with the court upon their request. You will note we intend to request a special hearing direction that the case be dealt with on the papers and without the need for an oral hearing.


This request is sought simply because the matter is in our Client's opinion relatively straightforward and the costs incurred by both parties for attending an oral hearing would be disproportionate. We trust you agree.


You will note our Client has elected not to mediate. Its decision is not meant to be in any way obstructive and is based purely on experience, as mediation has rarely proven beneficial in these types of cases. Notwithstanding this, our Client would be happy to listen to any genuine payment proposals that you wish to put forward.


Yours sincerely


Gladstones Solicitors"



Also I am not sure what I am meant to do with form N159, this form seems to be for my consent for the caseto be held without an oral hearing AND at the claimants home court??!! How do I change this as I would like the opportunity to represent myself incourt and attend a court close to where I live?


I thought I would receive a Directions Questionaire myself to fill in,but I just have a copy of the Claimants?


Please help if you can

nosferatu1001

Youve started a new thread, so its been answered thre

You MUST keep reading post 2 of the newbies thread
If you dont you WILL have issues
PLEASE PLEASE PLEASE dont keep asking wquesitons like the above, that take five minutes to find. You cant expect people to do your research for you.