County Court Claim Form

tinkpink

Hi thanks in advance for any help offered.
My story so far:
I am the legal owner of the car & driver on the day.
I paid & displayed in an NCP car park 14/07/18
Unknown on the day I over stayed.
No windscreen ticket was issued.
First letter recieved 01/10/18 from Trace debt recovery. Stated that NCP had written previuously ( never recieved) asking for payment. They were asking for £160.00 -I wrongly ignored letter.
17/10/18 2nd letter from Trace - I ignored
27/11/18 NCP letter all correspondance to BW Legal
27/11/18 BW Legal letter pay or go to court - I ignored
13/12/18 BW Legal letter of claim pay £240.33 by 17/01/19 or court - I ignored
28/01/19 County Court Claim form from Business Centre Northampton for PCN £242.84
28/01/19 BW Legal letter notice of claim issue
06/02/19 I email SAR to NCP & letter to BW Legal to inform the same. No reply as yet
06/02/19 I complete AOS online @ MCOL
06/02/19 BW Legal letter right to restrict processing not applicable

I am unsure what my next steps should be as there was 78 days between me parking & getting the first letter. Is this reason enough for the charge to be dropped?? I am at a loss as what to do!! I am not finding it easy to compare similar cases and am very worried & stressed. I've read lots of threads on here & Pepipoo etc and am totally confused. Can anyone advise me in simple terms as what to do now please??
Many thanks

KeithP

What is the Issue Date on the Claim Form?

tinkpink

Thanks so much for a promp reply.
Issue date 28/01/2019

KeithP

tinkpink wrote: »

Issue date 28/01/2019

With a Claim Issue Date of 28th January, and having done the Acknowledgement of Service in a timely manner, you have until 4pm on Monday 4th March 2019 to file your Defence.

That's just over 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.

Read post #2 of the NEWBIES thread where you will find several examples of Defences.

tinkpink

Do I add in my defence letter the fact that it was 78 days before contact?
I do ot know if I have A NTK as no letter has this title - should this have been issued in 14 days?
I only have their word that I over stayed as no photos etc or reply (as yet) to my SAR?
I am so sorry for all the questions, I am just so worried about court & knowing what to do correctly etc
Again many thanks

KeithP

tinkpink wrote: »

I am just so worried about court & knowing what to do correctly etc

In the fourteen minutes since my last post have you read the Defences linked from post #2 of the NEWBIES thread?

If so, then I suggest you read them again, and again, until you understand what is required.

There is no easy way.

tinkpink

I will re read them. I am finding understanding them quite difficult. I have been reading them ( and others) for days!
Your help is much appreciated. I can only imagine how many stressed & worried people post here for help not knowing what to do!!

Coupon-mad

Please explain what's hard to understand about bargepole's concise defence example?

The_Deep

It is not painting by numbers, but it is not rocket science either, you have to read the stuff several times before it all falls into place.

What you must understand is that the whole industry is one big 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.

tinkpink

Coupon-mad wrote: »

Please explain what's hard to understand about bargepole's concise defence example?

I’ve read #post 2 unless I’m mistaken I can’t see a defence Re: overstay???
I am unsure what to add e.g delay in contacting me, no NTK, no reply as yet from NCP RE SAR???
Can you advise if I add these details now or is that something for later - witness statement??
Thanks

Le_Kirk

If you did overstay (by how much) then your defence (apart from the usual landowner permission, signage, pursuing keeper/driver) is all about grace periods. Search this forum and use keywords "grace periods defence" change Show Threads to Show Posts and hit search now.