Claim Form From County Court

Mr_Milk

Hi all,

I have recently received a claim form from County Court Business Centre. I have read through a few threads and believe im meant to make my own thread regarding this?

The driver received a PCN on 11/02/18 from Britannia Parking car park stating the driver was parked for longer than the permitted time (2 hours) which was then taken on by BW Legal who are trying to take it to court. The issue date of the claim form is 22 FEB 2019 and the total fee amounts to £243.14.

I personally have no legal experience so I am a tad bit out of my depth, any help on what steps I need to take next and how would be massively appreciated.

Please let me know if there's any other info I need to provide.

Thanks

KeithP

Mr_Milk wrote: »

I have recently received a claim form from County Court Business Centre.The issue date of the claim form is 22 FEB 2019.

With a Claim Issue Date of 22nd February, you have until Wednesday 13th March 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. About ten minutes work - no thinking required.

Having done the AoS, you have until 4pm on Wednesday 27th March 2019 to file your Defence.

That's 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.

Redx

correct , new thread was required, for bespoke answers

read the NEWBIES FAQ sticky thread post #2

and do the AOS by logging into the gov MCOL system , follow the walkthrough and confirm you have done this below

then start your draft defence and post it below

ShakeItOff

Welcome!

Yes, you are right to start your own thread. But you need to edit your first post so it is clear that you don't identify who was driving.

What was the date on your claim form? Have you done the Acknowledgement of Service?

Have you had a chance to look at Post 2 of the NEWBIES thread? That's a mine of useful information.

It will also be worth sending Britannia a subject access request now (template in the NEWBIES thread). They have 30 days to respond, which hopefully will be enough time to include some info from in your defence.

KeithP

ShakeItOff wrote: »

Yes, you are right to start your own thread.

Except the OP already has an existing thread on this incident.

Here:

forums.moneysavingexpert.com/showthread.php?t=5945121

Mr_Milk

KeithP wrote: »

Except the OP already has an existing thread on this incident.

Sorry if i have made a mistake in creating another thread, should i delete the old one?

Mr_Milk

Hi guys thanks for such quick replies!!

I received yet another claim form from County Court Business Centre regarding another ticket from the same car park. Not sure why they are sending me separate court papers, does this mean there will be separate hearings?

With regards to an SAR; i did submit one as instructed by the newbies thread to Britannia parking and their reply was as follows:

'We have received your Subject Access Request, under ICO guidelines we have one calendar month to respond.
Please be aware we will send a copy of all personal data we hold only. If you have made a request for any additional information which does not qualify as personal data, please see below.
YOU’RE REQUEST FOR ADDITIONAL INFORMATION
Landowner agreement - You are not entitled to business sensitive information, it will only be supplied at court, as evidence and not before.
Contract with the driver - The contract is on the signage in the car park. A copy of the signage will be provided as evidence at court.
Machine reports - You are not entitled to transactions which do not relate to you, you will be provided with your transaction only. We are under no obligation to provide you with anything further.
Picture packs - A copy of the signage will be provided as evidence at court.'

I am about to fill out the AoS, how do i build a decent defence? this is the part i am most confused about.

KeithP

Mr_Milk wrote: »

... how do i build a decent defence? this is the part i am most confused about.

You should be reading post #2 of the NEWBIES thread for that.

There's links to that thread in my earlier post.