help with claim form

jordcharl

hi, hoping some one can help me with this, i also received a claim form on the 15th feb the same as these guys on another thread regarding newcastle airport but i didnt want to post on that thread as mine is slightly different so didnt want to just jump in on their thread, having read through many posts im now confused what to do next in regards to this matter, i have done the aos online but also ticked the I intend to contest jurisdiction box as i didnt realise what it meant by doing that at that point, now im thinking i shouldnt have done that and was hoping for some advise on what to do next, i have detailed below the details of why i wanted to defend.



I received the court claim for a parking fine in newcastle airport on 8/4/2016, I phoned them at the time and told them i had sold the vehicle in the january and was told that swansea had me down as the registered keeper so i had to pay.,i then appealled it and i received this

UK Parking Patrol Office Ltd
Dept 309,
Great Northern House,
275 Deansgate
Manchester
M3 4EL

Parking Charge Number:

Vehicle Registration:

Dear Madam,

Thank you for your email.

The DVLA currently have you listed as the registered keeper of the above vehicle.

If you have sold the vehicle please submit the name & address of the new keeper.

Kind regards




Appeals Dept
UK Parking Patrol Office Ltd

I replied giving them the new keepers name and address and recieved a reply from them saying those were not the registered keepers details.


From recieving the fine i realised i had not received a slip from swansea confirming the vehicle was sold so i got in touch with the new keeper as its a friend, to find out if they had received the vc5 document and they had not, I then wrote to swansea explaining that i had sent the vc5 document off as soon as i had sold the vehicle and neither me nor the new keeper had received anything back from them, i was then sent an acknowledlement of sale out and the new keeper received the vc5 document dated the 13/01/2016 which was the date i sold the car

I phoned the company again to expain what had happened to be told it didnt matter the car was in my name when they inquired so i owed the fine.

In the back of my mind i thought i had done everything possible to comply with their requests and was getting nowhere, so thought i was ok to just ignore the letters they kept sending me. The problem im worried about now is when i have gone through my emails to support my case i have just noticed on the email i sent them with the new keepers name and address i have put number 2o instead of 27.


hope someone can help me with what is best to do now


thankyou

Fruitcake

It is not a fine.

You have a very strong case in that you have proof from the DVLA that you were no longer the keeper at the time of the alleged event.

Follow the guide to court written by bargepole in post 2 of the NEWBIES if you haven't already found it.

Your defence will state you were not the keeper at the time and so will your witness statement when that becomes due, and include the proof from the DVLA. Invite the court to strike out this case as you cannot be held liable as either keeper, driver, or owner because you were none of these at the time.

Meanwhile, complain to your MP about this unregulated scam.

You could also complain to the DVLA that the scammers are still pursuing you through court despite showing them you were not the keeper at the relevant time. Point out that this has happened because of the DVLA's error and you expect them to correct it by telling the scammers to naff off.
Other words are available.

Local and national press, especially the Daily Mail might be interested in this, but please do tell your MP and point them in the direction of Sir Gregg Knight as per the comments in red from post 1 of the NEWBIES.

It won't hurt to comment on the other Newcastle Airport thread. You could explain briefly the problem and put a link to this thread, then ask if they think it OK for you to join their fightback group.

KeithP

With a Claim Issue Date of 15th February, and having done the Acknowledgement of Service in a timely manner, you have until 4pm on Wednesday 20th March 2019 to file your Defence.


That's nearly two weeks 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.

Redx

you need to join their group and decide how you are going to play this one too


https://forums.moneysavingexpert.com/discussion/5971217/newcastle-airport-ukppo-bw-legal-collective-defence-group

KeithP

But Redx, the OP has proof that he was not the Registered Keeper at the time of the event.

Isn't this simply that the PPC are chasing the wrong person - nothing like those other NCL cases?

Should be very easy to defend in the County Court - if it ever gets that far.

Redx

agreed, but as the OP has said they are querying jurisdiction when they did the AOS then it depends if it gets to a civil court claim in civil court, or will contesting jurisdiction mean it doesnt get as far as that ?

questions , questions eh ? lol

KeithP

I would suggest that the OP files a Defence, and from what has been written on that other 'group' post, the 'jurisdiction' point will lapse - it will anyway if the contesting jurisdiction fee is not paid within the prescribed timescale.

jordcharl

thankyou so much for all your help, so my next question was going to be can i undo the contesting jurisdiction that i ticked, or shall i just leave it as it is and if i dont pay the £100 fee it will not apply and therefore does that mean it will be heard by a judge only and he will make the decision? also i thought you had to submit your defence online through the mcol as it says


Please complete all fields marked *

Please state your defence in a maximum of 122 lines in the box below


just never done anything like this before so its a little confusing, but i will follow all advise given as you all seem to know a whole lot more than me



thankyou

Redx

I agree with KeithP that you let the jurisdiction "time out" and dont pay the £100 fee

I can assure you that KeithP is quite right in stating that you can email it as a pdf attachment and he posted all the correct details that you should follow to the letter

dont blame us if the government website isnt up to date

jordcharl

I just wasn't sure if thats what would happen if i didn't pay the £100 so just wanted to clarify that. I thought i may have to contact them to undo it. I will follow Keithp's instructions as i really appreciate his help and everyone elses, im not blaming anyone just wondering why it was not saying on their site to email it to them, confusion over now so thanks again

jordcharl

Kiethp, when i send my defence by email do i include the proof of selling the vehicle from dvla or not? Is it worth trying to see if i can get proof i taxed my new vehicle at that time also, i was hoping to find the insurance for that time also but cant remember who i was with and cant find anything as of yet. What do you think? or do you think the proof from dvla will be enough? Sorry for all the questions but i just want to make sure i have time to get everything in order.