County court paperwork for pcn from cel

Westham_man

Hi

I’ve been stupid, ignored pcn notice that my wife got on my car & today I’ve received county court papers totalling £267.13 for a 10 min overstay in a kfc car park in Stockport.


Paperwork from ccbc Northampton
Issued 25 feb 19

Is there anything I can do ..

I am really crap at using this forum & cant seem to find anything

I’ve read the newbies post but cannot see any defence for cc claims - can you help me or supply a link to assist in what I need to do

Thanks

KeithP

Westham_man wrote: »

Paperwork from ccbc Northampton
Issued 25 feb 19

I'll assume it's a Claim Form you have received.

With a Claim Issue Date of 25th February, you have until Monday 18th 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 Monday 1st April 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.

You now need to be reading post #2 of the NEWBIES thread, link above, where you will find many examples of Defences.

ShakeItOff

Welcome!

There most certainly is something you can do!

First place first - check out the NEWBIES thread, specifically post #2. That talks you through what needs to happen next.

You'll need to do the Acknowledgement of Service, and then look to start preparing a defence. One of the things that will also be helpful to you is the BPA Code of Practice in respect of grace periods.

Westham_man

Hi Keithp - thanks for you quick response & help.

I have logged onto mcol & completed the Aos.

I’ve had a look at newbies but it is all questions / answers - am I looking at the right one (not v good on here, never used forums before)

Is there a template defence that I can print off ?

I am registered keeper but wife was driving when it happened.

She was a paying customer but went over the time (which she didn’t even know existed).
When I received the fine in the post she went in & complained to the manager but they didn’t care & said they could help or do anything about it.

She is currently receiving a DLA - disability living allowance - if this make any difference

KeithP

As already mentioned, you need to be reading the second post on the NEWBIES thread.

Westham_man

Hi
You mean the post by coupon-m ?

I really am struggling to see where my situation fits & what I write in the defence statement - sorry for being a pain.

Can I use the Template appeal for BPA or IPC members ?

KeithP

The first five posts on that thread are all written by the same person.

No you cannot use an appeal as a Defence.

I really don't know another way of saying that you need to read the second post on that thread.


This thread that I am currently writing on has seven posts.
This is the seventh post on this thread

Westham_man

I’m looking at it, but I am passed the lbc stage,

do I have to ask for sar information from them & write to bw legal

KeithP

Yes, you should send a SAR.

Yes that's the right post you are now reading. Keep reading that post - it's quite lengthy and covers practically all you need to know right through to any hearing.

There are examples of Defences, several of them, linked from that post.

Westham_man

Great,

Can you suggest a defence that fits best for me being owner not driver etc

I am trying - just don’t know what to do / where to go - it’s gonna be loads of sleepless nights

KeithP

Read them all - particularly the concise Defences by Bargepole - pick the one closest to your situation - adapt it to suit.

There are literally thousands of Defences on this forum.

Keep reading.