Cel parking defence help

bmw25

HI ALL,

I AM VERY NEW TO THESE FORUMS, I HAVE READ SOME OF THE NEWBIE THREADS.

MY SITUATION IS A CONFUSING ONE, CEL HAVE SENT A NORTHAMPTON COUNTY COURT BUSINESS CENTRE CLAIM FORM TO MY OLD ADDRESS AND I DID NOT KNOW UNTIL MAY EX PARTNER CALLED ME TO TELL ME.

I was not even aware of the fine until they managed to send a letter to my current address ( which my mum threw away), now they are trying to take me to court and i sent the form back acknowledging the claim and wanting to defend.

I was not served the POC via mail form instead it was emailed to me form NCCBC from one of the admin staff there when i called. CEL are trying to charge me 190 pounds for parking in a car park for 42 minutes which i have no recollection of doing as this occurred in march 2018, i do not own the car either as it was sold off in april/may.

I went to the site where they said i parked and did not pay and i could see signs which said park and pay but there was no ticket machine to pay and the only way to pay would be to call up and pay via the phone or a APP.

When i called CEL last week the women basically was pulling numbers out of thin air saying we start off by charging £60 then £100 and then £150 yet the sign says instant £100 fine in small print, whilst on the phone i told her their request for £193 was ridiculous and she could not break this down for me, she then went on to say now you owe us £268 but when i questioned this she was ignorant until i notified her i was recording the while 15 mins of the telephone conversation where she terminated the call.

What should i do now ?
Can i be served a POC via email is this allowed ?

Any help would be greatly appreciated, im only 25 so i have very little knowledge in this area,

Coupon-mad

Are you saying that the Claim form that your ex partner sent on to you, has no POC and it says instead: 'Particulars of Claim to follow'?

KeithP

What is the Issue Date on your Claim Form?

bmw25

The problem is there was no date attached my ex partner just sent me the reference number and I had to call NCCBC up and they sent me blank forms and a screen shot, I can add this to the forum if it helps ?

Coupon-mad

Then you can't object that the POC were not served, because they were.

KeithP

bmw25 wrote: »

The problem is there was no date attached my ex partner just sent me the reference number and I had to call NCCBC up and they sent me blank forms and a screen shot, I can add this to the forum if it helps ?

Is there no Issue Date on that screen shot?

It strikes me that you are going to have to get a copy of that Claim Form - either the original from where it was sent or a copy from the CCBC.

bmw25

I am not a 100% sure as this is the screenshot sent to me - TOTAL DUE- 182.00 THE CLAIMANT CLAIMS THE SUM OF 193.57 FOR MONIES RELATING TO A PARKING CHARGE PER ABOVEINCLUDING 11.57 INTEREST PURSUANT TO S.69 OF THE COUNTY COURTS ACT 1984 RATE 8.00% PA FROM DATES ABOVE TO- 11/01/19 SAME RATE TO JUDGMENT OR (SOONER) PAYMENT DAILY RATE TO JUDGMENT- 0.04 TOTAL DEBT AND INTEREST DUE- 193.57 - sorry this is my all of it but there’s an area which I believe may say the date

bmw25

Hi believe a date stated is 11/01/19

KeithP

bmw25 wrote: »

Hi believe a date stated is 11/01/19

OK.

I wasn't asking for 'a date'.

Can you confirm that the date you have given is the Issue Date that was on the Claim Form?

You simply cannot progress a court case without confirmed facts.

nosferatu1001

If the issue date is 11.09 then you MUST go online using the Passwrod on the form (seriously, you NEED THE COMPLETE FORM, WE CANNOT SAY THIS OFTEN ENOUGH!) and acknowledge the claim

If you do not do so TODAY, NOW, the claimant can get a Judgement in Default, because an issue date of 11.01 (the BEST case) only gives until 30.01 to file the acknowledgement.

Please help us to help you by saying - guessing is not good enough. You muyst have sight of the complete form. You MUST acknoweldge ASAP using whatever means you can to do so.

bmw25

Yes I understand that completely, I didn’t receive an actual form I called them up with a reference and they sent me blank forms and I had to pick which one I would fill and send back so I used N9 acknowledgement form which I filled out and emailed back to NCCBC as I wanted to file a defence and not pay a penny.