Please Help - County Court Claim Issued

honestmistake

I have received this Count Court Claim Form issued by the County Court Business Centre, St Katharine's House, 21-27 St Katharine's St, Northampton NN1 2LH.


This is regarding an unauthorised parking conviction received in February 2018. Bw legal are asking for a payment of £241.62.


I attended an NHS surgery in the employment of an interpreting company to assist with someone else’s appointment. I was in the surgery for exactly 10 mins because I have a signed job assignment form (signed by the surgery and myself stating the duration of the appointment). The surgery had just implemented a new parking system and on this visit I must have missed any new parking signs and I don’t believe that they were very visible. I am hoping that due to the fact I was there in an authorised capacity for work and the small amount of time my car was parked at the surgery, the parking charge would be invalid.


According to the newbies thread I should:


1) Request a SAR from the parking company (Norwich Traffic Control Ltd) using the legal beagles template:


2) Contact bwlegal stating that I have sent a SAR to Norwich Traffic Control Ltd asking for my case to be put on hold.


3) Log on to moneyclaim gov website using my claim number and password to complete Acknowledgement of service (AOS) requesting 28 days to prepare my defence.


4) Contact the NHS surgery and try and get the unauthorised parking charge revoked because I was there for legitimate business reasons for only 10 minutes (and I have signed evidence for this). If this is not successful then contact the NHS Patient Advice and Liaison Service.




Please, please, please can someone confirm that these are the correct next steps and that the information is up to date?


I am really hoping that the NHS surgery will get this unauthorised parking conviction revoked for me. Is this something that is likely or possible at this stage?


Thank you so much in anticipation for your help, this is really affecting me in a bad way.

KeithP

What is the Issue Date on your Claim Form?

honestmistake

The Issue Date is 7th Jan 2019 . I opened the letter today (14/01/19) after getting back from holiday.

Le_Kirk

Your first port of call should be the NHS surgery that caused this problem and insist politely that they get it cancelled. Did you not receive any PCN's or reminders or was the first paperwork you have received the court claim forms?

KeithP

honestmistake wrote: »

The Issue Date is 7th Jan 2019.

With a Claim Issue Date of 7th January, you have until Monday 28th 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 have until 4pm on Monday 11th February 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 the NEWBIES FAQ sticky thread to find out exactly what to do with it.

honestmistake

Le_Kirk wrote: »

Your first port of call should be the NHS surgery that caused this problem and insist politely that they get it cancelled. Did you not receive any PCN's or reminders or was the first paperwork you have received the court claim forms?

Thanks for your question. I did receive some letters but ignored them until now. With hindsight this may have been a mistake.


My question is if I complete an Acknowledgement of service (AOS). Will that be enough time for the surgery to cancel the charge??

The_Deep

If the surgery do not cancel, write bad stuff on their Facebook or NHS feed back page. Also read this

https://www.gov.uk/government/publications/nhs-patient-visitor-and-staff-car-parking-principles/nhs-patient-visitor-and-staff-car-parking-principles

and complain to your MP as 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.

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.

honestmistake

KeithP wrote: »

When you are happy with the content, your Defence should be filed via email as suggested here:

1. Print your Defence.
2. Sign it and date it.
3. Scan the signed document back in and save it as a pdf.
4. Send that pdf as an email attachment to CCBCAQ@Justice.gov.uk
5. 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'.
6. Log into MCOL after a few days to see if the Claim is marked "defended". If not chase the CCBC until it is.
7. Do not be surprised to receive a copy of the Claimant's Directions Questionnaire, they are just trying to put you under pressure.
8. 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.

Dear KeithP - Should I do this only after the surgery does not or is not able to cancel the unauthorised parking charge? Does the surgery have the power to revoke the charge?

KeithP

honestmistake wrote: »

My question is if I complete an Acknowledgement of service (AOS). Will that be enough time for the surgery to cancel the charge??

Do the AoS.

As I said earlier, "there is nothing to be gained by delaying it".

honestmistake wrote: »

Dear KeithP - Should I do this only after the surgery does not or is not able to cancel the unauthorised parking charge?

Having done the AoS you have a deadline to file a Defence.
That is a fixed deadline.

Whether the PCN gets cancelled or not, that deadline remains.

Do not miss that deadline.

Obviously, you will be seeking a cancellation at the same time, but if that doesn't materialise, that Defence filing deadline is still there.

honestmistake

KeithP wrote: »

Do the AoS.

As I said earlier, "there is nothing to be gained by delaying it".

Thank you so much for assistance - I will do the AOS

Le_Kirk

Concur with KeithP - court cases can be stopped right up until you walk through the door of the court (although the judge might be a little cheesed off at that) whilst if you miss a deadline (AOS or defence) that's your lot, no second chances.