County court claim - please help

sm444

I'm posting this late night with the hope that someone (anyone) could possibly help me before it is too late. I went on holiday with my family for Christmas/ New Years, just to come home and realise that I have a matter of days to file my defence.

I submitted my AOS on time, but stupidly misread it and thought i had 28 days from the date of submitting the AOS, not from the date of service.

A quick debrief is that I've used a car park for years, which is usually free to use motorists. I am a very regular user of this car park, once a week minimum. February last year I was slapped with a parking charge notice from UK CPM as apparently you now have to pay to use the car park, and I was obviously unaware and didn't. This has never happened to me before so I asked a few friends, did a (very) quick Google and teh general consensus was to ignore and not pay.

So this is what I have done whenever I received a letter from them, I just ignored. Upon further research on this forum, I see I should have appealed at some point, but obviously it is far too late for that as I am being taken to Court.

I have constructed some sort of defence, but it seems like the more I research, the more i realise that what I thought could be used as a defence, actually can't be used. For example, loss of earnings, Unfair consumer Contract Regulations etc.

Am I also right in thinking that saying about them acting as agents for the landowner as they only manage the site is also not a suitable defence?

I am really struggling for points here so I have added pictures of every letter I have received from them. Please please help!

EDIT: HOW DO I ADD PICTURES? It says I can't as I'm a new user. I have the initial parking charge notice, then two letters from Debt Recovery Plus, then one from Gladstone's, another from Gladstone's claiming it was a LBC, and another received a month later claiming it was an LBC again. Then I was slapped with the Court claim

Fruitcake

You can upload images to a web hosting site such as tinypic, postimage, dropbox etcetera, then post the URL here but change http to hxxp. Someone here will then change it back to a live link.

Redact all personal information and make sure the host sit account is not in anyone's real name and doesn't have any personal images in it. Believe me, it has happened.

Follow the guide to court written by bargepole that you will find in post 2 of the NEWBIES.

As for a defence, the usual suspects include at least, not the landowner, no standing (contract) to issue charges, inadequate signage, failure to meet the PPC's ATA CoP. (Common acronyms explained in post 5 of the NEWBIES.)

Have you complained to the landowner?

Have you complained to your MP?

KeithP

What is the Issue Date on your Claim Form?

sm444

KeithP wrote: »

What is the Issue Date on your Claim Form?

the 10th December, so I literally have to get this sent off today or tomorrow as I was hoping to send it via post because i read the online submission messes up the formatting and makes it difficult for the judge to read

sm444

Fruitcake wrote: »

You can upload images to a web hosting site such as tinypic, postimage, dropbox etcetera, then post the URL here but change http to hxxp. Someone here will then change it back to a live link.

Redact all personal information and make sure the host sit account is not in anyone's real name and doesn't have any personal images in it. Believe me, it has happened.

Follow the guide to court written by bargepole that you will find in post 2 of the NEWBIES.

As for a defence, the usual suspects include at least, not the landowner, no standing (contract) to issue charges, inadequate signage, failure to meet the PPC's ATA CoP. (Common acronyms explained in post 5 of the NEWBIES.)

Have you complained to the landowner?

Have you complained to your MP?

I've used three of those defences, so I'll just try to work in the last one about failure to meet the PPCs etc onceI've done a little more research on it.

I haven't complained to either but as soon as this Defence is sent off I'll do both. If it's even worth doing at this stage?

Le_Kirk

sm444 wrote: »

I read the online submission messes up the formatting and makes it difficult for the judge to read

Search for a post by KeithP with the keyword "Claim Issue Date" and you will find a way of printing as .pdf, signing, scanning and sending to the court with good e-mail address.


Found one for you, try this link but plug in your OWN Issue Date.

KeithP

sm444 wrote: »

the 10th December, so I literally have to get this sent off today or tomorrow as I was hoping to send it via post because i read the online submission messes up the formatting and makes it difficult for the judge to read

You have a few days more than you think.

With a Claim Issue Date of 10th December, and the Acknowledgement of Service done in a timely manner, you have until 4pm on Monday 14th January 2019 to file your Defence.

Please 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.

sm444

KeithP wrote: »

You have a few days more than you think.

With a Claim Issue Date of 10th December, and the Acknowledgement of Service done in a timely manner, you have until 4pm on Monday 14th January 2019 to file your Defence.

Please 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.
   

I didn't even think to scan it. This gives me at least the whole of today to perfect my Defence as well as I can. I'll upload the first draft as soon as I've included the bit about the ATA's CoP. Not entirely sure what I'm talking about here so just researching it first so I know what to write.

Thank you so much for all the help you've given so far. I'm useless with all of this so I really appreciate it

KeithP

sm444 wrote: »

This gives me at least the whole of today to perfect my Defence as well as I can.

Correction:

It gives you the whole of this week to perfect your Defence.

Coupon-mad

And you will NOT be posting it. Not when time is short and bound to end in tears.

Email it to the CCBC email addy Keith P gave you, once you are happy with your defence & have printed out & signed/dated a copy to then scan & attach as a PDF to your email.

sm444

Coupon-mad wrote: »

And you will NOT be posting it. Not when time is short and bound to end in tears.

Email it to the CCBC email addy Keith P gave you, once you are happy with your defence & have printed out & signed/dated a copy to then scan & attach as a PDF to your email.

Yes I will definitely be doing this and I feel much less stressed knowing I can do so. Thanks again for all your help guys. Will update the thread with my defence in an hour or so, just getting home now.