We’d like to remind Forumites to please avoid political debate on the Forum.

This is to keep it a safe and useful space for MoneySaving discussions. Threads that are – or become – political in nature may be removed in line with the Forum’s rules. Thank you for your understanding.

IMPORTANT: Please make sure your posts do not contain any personally identifiable information (both your own and that of others). When uploading images, please take care that you have redacted all personal information including number plates, reference numbers and QR codes (which may reveal vehicle information when scanned).
📨 Have you signed up to the Forum's new Email Digest yet? Get a selection of trending threads sent straight to your inbox daily, weekly or monthly!
The Forum now has a brand new text editor, adding a bunch of handy features to use when creating posts. Read more in our how-to guide

Gladstones CPM County Court Business Centre - Company

Hi there,

I've read the Newbie's thread and a few others but can't seem to find a case that matches mine (forgive me if I'm wrong), so was hoping on some advice on which direction to follow.

The company I work for has received PCNs for two instances where a leased company car was parked in a private car park operated operated by CPM. This car park was not regulated for a long time and is simply about 6 spaces in front of an offer block just off a main road.
To cut a long story short the PCNs and warning letters have been ignored for the last 10 months, but now we have received a County Court Business Centre claim letter. I don't have any of the subsequent letters but the CCBC letter not only has the company name wrong, but also the address wrong.

Can I base my appeal on the same points as individuals in the newbies post or do I need a difference defence?

Thank you for your help.
«1

Comments

  • KeithP
    KeithP Posts: 41,296 Forumite
    Part of the Furniture 10,000 Posts Name Dropper
    What is the Issue Date on the Claim Form?
  • 10th December 2018.
  • Redx
    Redx Posts: 38,084 Forumite
    Eighth Anniversary 10,000 Posts Name Dropper Photogenic
    its much too late to appeal , that ship sailed long ago

    post your full POC and the breakdown of charges below, minus any personal info or references

    get the AOS done on the MCOL website

    see post #2 of the NEWBIES FAQ sticky thread

    then start to draft your defence (not appeal) and post it below, no personal details yet, just the proposed draft
  • KeithP
    KeithP Posts: 41,296 Forumite
    Part of the Furniture 10,000 Posts Name Dropper
    PAE123456 wrote: »
    10th December 2018.
    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 four weeks 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.

    Of course, where I say 'you' and 'your' I mean the Defendant.
  • Thank you for the responses.

    Does it not matter that the company name and address is incorrect? It is not plausible that no letters ever reached the company?

    POC:
    The driver of vehicle registration XXXXXXXX (the 'vehicle) incurred the parking charge(s) on 05/02/2018 & 20/02/2018 for breaching the terms of parking on the land at 313 Ballards Lane - 313 Ballards Lane, North Finchley, London, N12 8LY.
    The defendant was driving the vehicle and/or is the keeper of the vehicle.
    AND THE CLAIMANT CLAIMS
    £320 for Parking Charges/ Damages and indemnity costs if applicable, together with interest of £18.85 pursuant to s69 of the County Courts Act 1984 at 8% pa, continuing to Judgement at £0.07 per day.

    Regarding the MCOL, should i do this in my own name rather than the company?
  • Redx
    Redx Posts: 38,084 Forumite
    Eighth Anniversary 10,000 Posts Name Dropper Photogenic
    the MCOL should be responded to by the person or company that it has been addressed to, that is the defendant and only they can deal with it
  • KeithP
    KeithP Posts: 41,296 Forumite
    Part of the Furniture 10,000 Posts Name Dropper
    PAE123456 wrote: »
    Regarding the MCOL, should i do this in my own name rather than the company?

    You are now drifting away from a parking issue.

    Can I suggest that if you want guidance on how a company should represent themselves at court, somewhere like LegalBeagles might be a better forum.

    Apart from that, isn't it something that a Company Secretary knows all about?
  • KeithP wrote: »
    You are now drifting away from a parking issue.

    Can I suggest that if you want guidance on how a company should represent themselves at court, somewhere like LegalBeagles might be a better forum.

    Apart from that, isn't it something that a Company Secretary knows all about?

    It was only so I knew whether to log in the the Government Gateway using my own log in or the company's. We're a very small company so don't have a company secretary as such. I'll speak to my FC.

    I'll look at the LegalBeagles forum also.
  • KeithP
    KeithP Posts: 41,296 Forumite
    Part of the Furniture 10,000 Posts Name Dropper
    I would suggest the company, i.e. the Defendant, signs in to MCOL.
This discussion has been closed.
Meet your Ambassadors

🚀 Getting Started

Hi new member!

Our Getting Started Guide will help you get the most out of the Forum

Categories

  • All Categories
  • 354.5K Banking & Borrowing
  • 254.4K Reduce Debt & Boost Income
  • 455.5K Spending & Discounts
  • 247.4K Work, Benefits & Business
  • 604.3K Mortgages, Homes & Bills
  • 178.5K Life & Family
  • 261.8K Travel & Transport
  • 1.5M Hobbies & Leisure
  • 16.1K Discuss & Feedback
  • 37.7K Read-Only Boards

Is this how you want to be seen?

We see you are using a default avatar. It takes only a few seconds to pick a picture.