Parking charging for parking in car park of place of residence

Mazza951

Hi

I'm helping someone with a charge they have received for parking at the residence. They have a parking permit. On the day in question the allocated space was occupied, so they parked in the visitor's bay. The permit was on the dashboard, but may have been flipped over. A parking charge was received of £60, which was appealed. CPM did not respond to the appeal, just stated that the charge had increased to £100. Their letter included a photo of the car and the permit can be seen on the dashboard, however, it is not clear from the photo, which way up it is as it. Several letters from DRP were received, followed by a County Court Claim form. The reply to the claim needs to be in by 29/12/18. We have tried to do this online at 'moneyclaim' but when we try to sign in, it redirects to the government gateway website, and the password issued on the claim form does not work. Can anyone help, please, re wording a Defence and also help re responding online. In view of the Christmas break, time is of the essence and online will be better.

Browntoa

Read the newbies thread at the top of this section of the forums


https://forums.moneysavingexpert.com/discussion/4816822/newbies-private-parking-ticket-old-or-new-read-these-faqs-first-thankyou

It has all the information and letters etc you need as templates

The_Deep

Read this as well

http://parking-prankster.blogspot.com/2016/11/residential-parking.html

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.

Umkomaas

Is 29/12 the 19-day deadline to acknowledge service (AOS) of the court documents, or the 33-day deadline to submit your defence (assuming you have done the AOS already)?

KeithP

What is the Issue Date on your Claim Form?

Mazza951

The issue date on the claim form is 10/12/18, so date of service would be 15/12/18. So we calculated that the acknowledgement needs to be in by 29/12/18.

KeithP

Mazza951 wrote: »

The issue date on the claim form is 10/12/18, so date of service would be 15/12/18. So we calculated that the acknowledgement needs to be in by 29/12/18.

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 the NEWBIES FAQ sticky thread.

If you cannot do the AoS via the MCOL website, then send it as a pdf email attachment to the same email address and in the same manner as described below for the Defence.

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.

*29th Dec is a Saturday, so you have until 4pm on the next working day, but as said above, no point in delaying it - about 10 minutes work, no thinking required.

Mazza951

That is great. Thank you! Does anyone know why the MCOL is behaving like it is? I just assumed that we would be able to log-in to it and enter the password on the claim form....

Redx

phone them tomorrow , you have had 13 days to do this

nobody here that we know of works for them or comes here telling us about any issues with their website

its a government office , so ask them about their problems, not us

KeithP

Mazza951 wrote: »

I just assumed that we would be able to log-in to it and enter the password on the claim form....

Are you following the guidance offered in that Dropbox file?

Have you registered for a Government Gateway account?

Mazza951

Thanks KeithP. Finally have managed to get in. Am now doing the AoS.