County Court Claim Received - AOS Submitted

Riccardo49

Hi All

I have a claim from NCP represented by BW Legal

I have ignored everything up to now as this usually works.

The claim is for an NCP Car Park in Banbury on 22/06/2018 , my wife was driving so I have no info on the signage at the moment. I have until 22nd Jan to submit a defence.

All help appreciated.

KeithP

Hi and welcome to the forums.

It was not a good idea to ignore everything - of course you now know that.
The advice to ignore everything hasn't been given since late 2012 when the law changed.

What is the Issue Date on your Claim Form?

Was your Claim Form issued by the County Court Business Centre in Northampton, or from somewhere else?

Riccardo49

Hi Keith and thanks for replying

Clearly my knowledge is rusty!

The issue date is 21st December 2018 and yes it is issued by the County Court Business Centre in Northampton

KeithP

Riccardo49 wrote: »

The issue date is 21st December 2018 and yes it is issued by the County Court Business Centre in Northampton

With a Claim Issue Date of 21st December, you have until Wednesday 9th January 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 Wednesday 23rd January 2019 to file your Defence.

That's nearly 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.

Riccardo49

Thanks again Keith
I have already submitted the AoS.
All I need now is a defence!
Should I now be asking for a SAR?

Le_Kirk

Riccardo49 wrote: »

Should I now be asking for a SAR?

You submit a Subject Access Request asking for everything they have on you and you use this (along with the POC) to form the basis of your defence.

Riccardo49

Who do I submit the request to?
Sorry but what is a POC?

Apologies for being thick!

Le_Kirk

You submit the request to NCP and BW Legal. All acronyms can be found in the NEWBIE sticky thread but a POC is the particulars of claim, i.e. what the parking company say you did wrong!

Riccardo49

Thanks, I have done this now and let BW Legal know that I have asked for a SAR and to put the case on hold.

Riccardo49

I have not had a reply from NCP regarding my SAR request but have had acknowledgement from BWLegal saying that my account will not be suspended unless they are notified by their client.

I assume this is all routine?

The_Deep

It is the will of Parliament that these scammers, (very often former clampers), 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.

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.