County Court Claim Issued - Northampton

nosferatu1001

Interest they are allowed to charge, but not on the total amount - just the £100. Nothing more
They may try to sneak in £60 "initial legal costs" but that is barred from small claims under CPR27.14
Filing a claimfor amounts they KNOW they are not entitled to is an abuse of process, and youc an ask the court as part of your defence to strike out the claim

You can get your csots paid (capped, see CPR27.14) but you have to show they have been unreasonable to get more. That is more than merely filing the wrong plan, or getting the wrong date - you have to show something more deliberate.

Coupon-mad

While you wait, read any of the hundreds of BW Legal claim threads exactly like this one. By defending a claim (and following all court directions and deadlines) you risk no CCJ, no huge costs, in fact even if you lost you'd pay less than the claim.

You need to read some threads like yours to see that! BW Legal threads are everywhere.

bartlebobton

Hi Keith ... As predicted, through the letter box came the Claim form from the County Court Business Centre, the issue date is the 28th January 2019.

The particulars of the claim, only states where I parked date and time of the PCN. The car it relates to, the costs; £100 pcn, statutory interest @8pc, £60 contractual costs in pursuant contractual costs to T+C (no idea what that is about) So the Amount there equals 169.98, ther is then court fee 25, legal cost 50, total 244.98

I have the Response Pack, Admission (specified amount) Pack personal details bank a/c and so on, Defence and Counterclaim,

It seems I can respond online at https://www.moneyclaim.gov.uk - don't know how if it's a good idea to use this ?

I have 14 days to respond and must complete the Acknowledgement of Service Document, as I am contesting everything.
It seems that I then have 28 days to file my defence.

TO DO
1. Complete the Acknow Doc, asap.
2. I don't have to complete the admission document.
3. Complete Defense and Counterclaim doc within 28 days (reflect on my defense)

How does that all sound ?

BB

Coupon-mad

It seems I can respond online at https://www.moneyclaim.gov.uk - don't know how if it's a good idea to use this ?

Yes. Use MCOL to do the AOS.

This is all explained in the NEWBIES thread post #2, with pictures.

Redx

there is no S in DEFENCE , lol

do the AOS by logging in online and using the MCOL ref bottom right of your form

do the others within the correct timeframe ( 33 days from the issue date)

the NEWBIES sticky thread tells you all this

those extras added ( like £60 ) are what you were warned about earlier, knock off £60 and you are in the area CM mentioned

what is all this about a counter claim ?

KeithP

bartlebobton wrote: »

Hi Keith ... As predicted, through the letter box came the Claim form from the County Court Business Centre, the issue date is the 28th January 2019.

With a Claim Issue Date of 28th January, you have until Monday 18th February 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 4th March 2019 to file your Defence.

That's over a month 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.

bartlebobton

Hi RedX... On the "N9B form" (SDT) it states "Defence and Counterclaim (specified amount). On one side of the document is space for me to complete my Defence, on the back of the form, point 4 states "If you wish to make a claim against the claimant (a counterclaim) I then have a box to give the reasons for making the counter claim... Perhaps, the will of parliament and one or two other reasons, I actually have to state the amount too. I like to enter a counterclaim for all this ridiculous nonsense... but I need to reflect on my approach... Technology in a way has given these people the opportunity to do this, in ye olden days, a man lifting a barrier would have just let me pass... Relying on the past though isn't an argument, well, a valid one presented to a Judge...

Coupon-mad

I like to enter a counterclaim for all this ridiculous nonsense

You don't have grounds to counter claim, and will not even be using the N9B form.

You will be able to claim your costs when you win (within reason) but no counter claim.

bartlebobton

Hi Keith, that's absolutely fantastic, a really big help, very very clear. I'll file the initial part tomorrow morning... Then start thinking about my defense.

Do you know at what point I get to see the court documents Brittania parking/DW legal will present to the court ?

Thanks...

Coupon-mad

Do you know at what point I get to see the court documents Brittania parking/DW legal will present to the court ?

Yes at WS stage - as the NEWBIES thread 'what happens when' by bargepole, tells you.

If searching for Britannia defence threads to learn from, note the single 't' and double 'n' or you will get hardly any results, whereas you should find hundreds!