County Court Claim advice

LeoN

Hi,
A year ago the keeper received several NPC’s from Britannia Parking which was not appealed to POPLA at the time. I always used the car park to go Sainsbury’s and wasn’t aware that they turned the car park into pay-to-park. I genuinely didn’t notice the signs or the ANPR camera until I got the first letter and accumulated 7 NPC’s within a month. I have received a CCC for £1,200 on 22nd of January for parking there 15-20 minutes at most…
I have done the AoS today and I am aware that I have missed the deadline, so I would like to ask some advice. At this point I just want to avoid the CCJ.
Can I still pray that the claimant hasn’t requested judgement against the keeper and I can still fight this?
Could I build a valid defense?
Since it’s a large sum of money should I get professional help? English is not my first language so my defense would be “half-baked”.
Any advice appreciated.
Regards,
Leon

KeithP

Did your Claim Form come from the County Court Centre in Northampton?

If so, did you do the AoS online using the MCOL site?

If so, you should be able to check the claim history on MCOL to see if the AoS has been accepted.


For a week now, since 11th February, the Claimant has been free to seek a default Judgment against you. Let's hope he hasn't noticed.

LeoN

Yes it came from Northampton and I did the AoS using the MCOL site.

A claim was issued against you on 22/01/2019
Your acknowledgment of service was submitted on 18/02/2019 at xx
Your acknowledgment of service was received on 18/02/2019 at xx

It does not say it was accepted yet.

Can they still seek a default Judgment if they haven't yet?

KeithP

I would say you are safe - for now.

It is my understanding that they cannot seek a Default Judgment now that the Acknowledgement of Service has been received.

With a Claim Issue Date of 22nd January, you had until Monday 11th February to do the Acknowledgement of Service.

With the Acknowledgement of Service now done, you have until 4pm on Monday 25th February 2019 to file your Defence.

That's just a week away. Loads of time to produce a 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.

Coupon-mad

Since it’s a large sum of money should I get professional help?

No.

Beware receiving any private messages from ANYONE here, offering to 'help'.

If you get a private message like that, please name and shame the person here on this thread, because we don't do this off-forum and you will have been targeted by someone with another agenda.

So, stick with us.

Your defence won't be half baked if you copy bargepole's concise defence (see NEWBIES thread post #2 example defences) and just add one point saying what the facts are:

The Defendant always used the car park to go Sainsbury’s and wasn’t aware that they turned the car park into pay-to-park. The signage was inadequate to alert drivers who were familiar with the site, to any change of restrictions/rules. This is contrary to the British Parking Association Code of Practice. Inadequate signs fail to form a contract, and a driver cannot be expected to seek out new signs if they are not very prominent (Lord Denning's Red Hand Rule applies).

LeoN

Thank you for your advice guys and gals

I will get my defence together.

One more question, should I request SAR right now or wait until I submit my defence. I am just worried that my late AoS won't comeback to bite me in the..

KeithP

Send your Subject Access Request as soon as possible.

LeoN

Just wanted to let you now that I have received a letter of discontinuance from the court recently. Thought they would go for the £1200+... Thanks for your help again.

Le_Kirk

Good to see that.