County Court Claim

firsttimebuyer750

Hi All,

My first time posting on the forum so apologising in advance if I break any rules etc, I'm hoping you can all help. I have received countless letters from BW Legal & Britannia Parking dating back to August of 2017.

They have filed a case against me containing two separate PCN's. One of which I have paid for and have proof for. I have ignored all previous letters from both companies but I am at a point now where I'm not sure what the best option is. If I had discovered the forum earlier I would have followed the newbies thread and hopefully put all of this to bed.

They are claiming a total of £650 consisting of; Legal Costs - £70, Court Fee's - £60. & the amount claimed being £520. Is there any defence I can use to put this all to bed.

All help would be greatly appreciated.

Le_Kirk

Have you received an actual claim from Northampton County Court Business Centre? If so what is the issue date? Have you completed the AOS? If you did receive an actual claim, did you receive a LOC/LBC/LBA/LBCCC?

firsttimebuyer750

Le_Kirk wrote: »

Have you received an actual claim from Northampton County Court Business Centre? If so what is the issue date? Have you completed the AOS? If you did receive an actual claim, did you receive a LOC/LBC/LBA/LBCCC?

Yes I have received a claim form from Northampton County Court. The issue date is 25th Jan.
I have not yet completed the Acknowledgment of Service as I was not sure the best way to respond. This also applies to my letter before claim.

Le_Kirk

Too late to respond to a LBC. You now need to do the AOS which will buy you more time to research and write your defence. When submitting your AOS on line using MCOL, do not put anything in the defence box, not even a full stop. Post your defence on the forum BEFORE you submit it. Since you have told us the issue date KeithP will be along to give you some deadlines and advice on how to submit defence.


Meantime read the NEWBIE section post # 2 which has a walkthrough of the small claims court process and some sample concise defences by Bargepole.

KeithP

firsttimebuyer750 wrote: »

Yes I have received a claim form from Northampton County Court. The issue date is 25th Jan.
I have not yet completed the Acknowledgment of Service as I was not sure the best way to respond.

With a Claim Issue Date of 25th January, you have until Wednesday 13th 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 Wednesday 27th February 2019 to file your Defence.

That's over 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.

The_Deep

The whole industry is a scam, relying on threats of court, and the public's ignorance of the Law, A bill is currently before parliament which will regulate the scammers, many of whom are ex-clampers.

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 Second Reading in the Lords this month, and, with a fair wind, will l become Law later this year..

All five readings are available to watch on the internet, (some 7-8 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.

firsttimebuyer750

KeithP wrote: »

With a Claim Issue Date of 25th January, you have until Wednesday 13th 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

This is great Keith, thanks a lot. Wish I'd found this forum a lot sooner.

I will read the Newbies thread as suggested but do you have any tips yourself when it comes to my defence?

Redx

yes we all do have tips , its READ the examples listed by member BARGEPOLE in that NEWBIES thread, and perhaps start by using his concise defence and expanding it according to your own claim

VERY FEW PEOPLE on here will comment on a defence, as this is a consumer help forum, NOT a legal advice forum

the same advice is given to EVERY NEWBIE that comes here, because YOU, not US, will do the work, mainly by reading and digesting that NEWBIES sticky thread post #2, plus by reading other ongoing and concluded court cases on here

nobody will comment on your possible defence, but MAY comment on your draft DEFENCE once you have posted it (and NOBODY on here will write it for you, I have NEVER seen that happen , just adjustments and advice and critique to posted drafts)

firsttimebuyer750

KeithP wrote: »

To do the AoS, follow the guidance offered in a Dropbox link from post #2
Having done the AoS, you have until 4pm on Wednesday 27th February 2019 to file your Defence.

Trying to do the AoS online as per the drop box guidelines but cant find my Defense Pack Password. On the document it says it should be in the bottom right of my papers. Can anyone help me?

KeithP

It's on the front of your Claim Form halfway down, right hand side.



You need to read and understand every word of everything that is being sent to you.

Umkomaas

It should be on the Claim form from the CCBC. Halfway down the r/h side.