Britannia Parking, Portswood Centre - Court Claim

WubbalubbaDubDude

Hi all,

Been reading through the stickys thread and and other searched forms relating to the same carpark.

I've recently received a claim form from the County Court business centre so am starting my own thread while I still get my head round everything.

The original PCN was a couple of years ago and ignored any letters of fine and from debt collectors from advise from a mate who had the situation before. Didnt think much of it and do any research and the letters stopped. Until I received one around Christmas time from BW Legal that I didn't open till it was to late. Now I've had a claim form from its sounding more legit so looked into it and found this site which I wish I found in the first place.

Anyhows what's the next step been reading about having to acknowledge the claim form and sending something off to give me a longer time to produce a defence.

Any help would be great, thanks

KeithP

What is the Issue Date on your Claim Form?

There are several very recent threads on here about the Portswood Centre.

WubbalubbaDubDude

27 February

KeithP

WubbalubbaDubDude wrote: »

27 February

With a Claim Issue Date of 27th 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 over three weeks 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.

WubbalubbaDubDude

OK thank you will got on and do that cheers KeithP

The_Deep

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 become so widespread that MPs agreed to enact a Bill to regulate these scammers. Hopefully, this will become law by Easter .

WubbalubbaDubDude

I know rule number 1 is to not leave it too late but only just started looking the last couple of evenings through all various other posts about the Portswood Centre car park. I've read through and see a lot follow a layout out by bargepole, am I guessing to use it the same but by adding my own information there? My brain is liturally frazzled trying to understand everything.

Coupon-mad

am I guessing to use it the same but by adding my own information there?

Yep - once you get started it is much easier than you think!

WubbalubbaDubDude

OK it's just the individual points of defence that I'm struggling with are they a templated insert or is it a matter of writing your own? Been reading the thread from FineForWhat. I've not done a SAR request is that an earlier stage and now too late?

KeithP

Do the SAR now. The response may well help at Witness Statement and evidence stage.

Le_Kirk

Your defence points will be any/all that counter what the PPC is alleging in their POC - assuming they supplied one - or in the details in the Letter Before Claim. For example: -

1 Allegation. Parking without purchasing a ticket from the PDT.
1 Defence. "ticket was purchased and defendant will show a copy/the original at Witness Statement and evidence stage"
2 Allegation Parking without permit
2 Defence. Permit was displayed and defendant will show a copy/the original at Witness Statement and evidence stage"
Continue like that until you have covered all the allegations.

As C-m says, it gets easier once you start.