Court claim claim received while on a work placement abroad

Becks10

Hello

I'm a newbie to the forum, and would like to ask for your expert advice on my case please. I have read the Newbie thread and some posts here but find that my case is interestingly different from the ones I read.

The two PCN's received are for parking without a permit in an unmarked guest space in a residential complex at the beginning of 2017. At the time I asked the driver to deal with the PCN (I realise after reading the posts on the forum that this is not the best thing to do). The driver went ahead and disputed the PCN with the PPC via email and then with POPLA so there is a trail of proof that the driver gave personal details, made appeals and got responses from both the PPC and POPLA and once this process ended the driver never heard from them again.

Approximately, over a year ago I started receiving letters from their legal department and finally from their solicitor. I informed them by phone that I was not the driver and that the PCN's were dealt with by the driver and stopped hearing from them. Then I went to work abroad on a long placement 11 months ago and returned recently for a long Christmas break and found "letters before claim" sent in October and November by their solicitor threatening legal proceedings and a county court claim followed in December. It seems that I missed the boat to provide proof that the driver was in contact and that the PPC and POPLA had already engaged with the driver so I will need to defend the case!

Interestingly the particulars of the claim puts emphasis on the DRIVER.

The DRIVER of the vehicle registration......incurred parking charges on.....for breaching the terms of parking on the land at .......The defendant was DRIVING the vehicle and/or is the keeper of the vehicle. They are claiming parking charges/damages and indemnity costs.

My big question is whether they have a case against me since the driver came forward and went through their appeal process and whether I will need to make a robust defense like some other defendants have with 20 or more paragraphs quoting cases POFA etc. Would it not be enough to prove that the driver approached them with details and appealed the PCN'S?

My other big worry is what happens if I went to court and lost the case. Isn't it guaranteed that a CCJ will be entered against by credit record!!

And what happens if I am abroad and cannot attend the court hearing?

It would be interesting to have answers to the three queries above and any other helpful comments to allow me to decide whether I should pay or defend. Thx

Castle

What is the issue date for the court claim?

KeithP

Becks10 wrote: »

My other big worry is what happens if I went to court and lost the case. Isn't it guaranteed that a CCJ will be entered against by credit record!!

No, that is not guaranteed.

If it went to court and you lost the case, the Judge will decide how much you owe.

Only if you fail to pay that amount within the timescale specified by the judge would a CCJ remain on your credit record for six years.

Becks10

Could you explain how giving the issue date will help with answering my questions. The advice on this forum is to keep the dates vague as the claimants are snooping on this forum!

KeithP

Becks10 wrote: »

Could you explain how giving the issue date will help with answering my questions. The advice on this forum is to keep the dates vague as the claimants are snooping on this forum!

If you were to supply the Claim Issue Date, you would receive comprehensive personalised guidance on exactly how and when to file your Defence.

Search the forum for claim issue date and see how often this question is asked - and answered.

The County Court Business Centre in Northampton send out hundreds, if not thousands, of claim forms every day.

But of course, at the end of the day, it is your choice how much information you give away.

Castle

Becks10 wrote: »

Could you explain how giving the issue date will help with answering my questions. The advice on this forum is to keep the dates vague as the claimants are snooping on this forum!

You may already have a default judgement against you.

Becks10

Can you explain how it is possible to have a default judgement without knowing about it! Thx

Becks10

Hi
For those who can assist and need to know the issue claim date is 11 December.

KeithP

Becks10 wrote: »

Hi
For those who can assist and need to know the issue claim date is 11 December.

With a Claim Issue Date of 11th December you will not currently have a default judgment against you, so you can put that to one side. You'll only get a Default Judgment if you miss any deadlines. Ensure you meet all target dates.


With a Claim Issue Date of 11th 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 the NEWBIES FAQ sticky thread.

Having done the AoS, you then have until 4pm on Monday 14th January 2019 to file your Defence.

That's over three 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 the NEWBIES FAQ sticky thread to find out exactly what to do with it.

Becks10

My big question is whether they have a case against me since the driver came forward and went through their appeal process and whether I will need to make a robust defense like some other defendants have with 20 or more paragraphs quoting cases POFA etc. Would it not be enough to prove that the driver approached them with details and appealed the PCN'S?

And what happens if I am abroad and cannot attend the court hearing?

It would be very helpful to have your comments on the above two queries regarding my case. Thx

The_Deep

My big question is whether they have a case against me since the driver came forward

I cannot see how they possibly could.

WRT your defence, I would stick to the facts. If you are abroad tell the court, cases can be heard on the papers alone.

Have you complained to your MP?

It is the will of Parliament that these scammers be put out of business. Hopefully that will take place in the near future. The Bill has passed through the HOC without hitch, and goes to the Lords soon. In the meantime involve your MP, the poor dears are buckling under the weight of complaints about these scammers. Read this one which I wrote earlier

This is an entirely unregulated industry which is scamming the public with inflated claims for minor breaches of alleged contracts for alleged parking offences, aided and abetted by a handful of low-rent solicitors. Is has been suggested by an MP that some of these companies may have connections to organised crime.

Parking Eye, CPM, Smart, (especially Smart}, and others have already been named and shamed in the House of Commons as have Gladstones Solicitors, and BW Legal, (these two law firms take hundreds of these cases to court each week), hospital car parks and residential complex tickets have been especially mentioned. They lose most of them, and have been reported to the regulatory authority by an M.P. for unprofessional conduct

The problem has become so widespread that MPs have agreed to enact a Bill to regulate these scammers.

Sir Greg Knight's Private Members Bill to curb the excesses, and perhaps close down, some of these companies passed its Third Reading in late November, and, with a fair wind, will become Law next year.

All three readings are available to watch on the internet, (some 6-7 hours), and published in Hansard. MPs have an extremely low opinion of the industry. Many are complaining that they are becoming overwhelmed by complaints from members of the public. Add to their burden, complain in the most robust terms about the scammers.