Northampton county court business center

Jkil

Hi,

Im after abit of advise with defending the claim form i have just received from northampton county court business center over a parking ticket i refused to pay as the machine was broken and i had no cards on me to pay via tellephone. The company who has made the calim is excel parking services, appealed the notice as soon as i found it stuck to my car which i believe was a mistake as i gave them all my personal information. Any way i appealed and stated that the machine was broken with picture evidence of said machine and actually offerd to pay the amout it should have cost to park there arround £4 but said i am not willing to pay any thing else. As you all know this was refused and i then started receiving the letters which i ignored but now have recieved the claim form.
I am about to purchase my first house and dont want it to effect any thing so what is the best advise pay the 185 or fight them on principle.

Thanks in advance

Fruitcake

Please read the guide to court written by bargepole that you will find in post 2 of the NEWBIES. This gives a step by step process from LBC to the court date.

Have you complained to the landowner yet?

Have you complained to your MP about this unregulated scam?

Jkil

Thanks for the reply,

Im struggling to find the newbies section to read it.

No not complained to land owenr or local mp.

I have done nothing except apeal the pcn but that was last year.
At this moment all i want to know if i have a leg to stand on with regards to the pay and display machine not working. If so do i just say im challenging it and use that as a reason?
Or do i just pay the charge and have done with it?
The last thing i need is this getting to a ccj stage and ruining my house purchase.

Thanks again

Coupon-mad

Or do i just pay the charge and have done with it?

Obviously not.

Read this and all the other times we've said DO NOT PAY:

https://forums.moneysavingexpert.com/discussion/comment/75666526#Comment_75666526

Im struggling to find the newbies section to read it.

Why do people say this, I don't understand (unless you are using a phone - STOP).

You've come to this forum and on page one you surely must have seen the list of active threads, with the NEWBIES FAQS and other sticky threads calling to you to read them, at the top of the list?

Yet you hit 'new thread' instead of reading the info? Go back there.

SEE MY SIGNATURE (not visible on a phone). It tells you where to click back.

KeithP

What is the Issue Date on your Claim Form?

Jkil

Coupon-mad wrote: »

Obviously not.


Why do people say this, I don't understand (unless you are using a phone - STOP).

You've come to this forum and on page one you surely must have seen the list of active threads, with the NEWBIES FAQS and other sticky threads calling to you to read them, at the top of the list?





thanks for pointing me in the right direction I was indeed using a phone im now on the laptop and can work the site much better. after reading the newbies section apologies for creating ANOTHER new thread I can see this is very annoying.

I understand what I need to do next with regards to the AOS and getting myself time for a defence.
but creating a defence is the part in which I am doubting my ability I am not very illiterate and no nothing about parking fines and the law surrounding them. all I would know to say is that the pay and display machine wasn't working and I had no card on me to pay by phone.
I assume I would lose instantly. is it possible to get a member who knows more like your self to create a defence for me and I would be willing to pay for such a service. money better in our hands than there's so to speak.

just to confirm if I did create a defence and it went to court and I lost I do have 30 days to pay in full and still doesn't effect my credit file ?

I appreciate your time and patience

Jkil

KeithP wrote: »

What is the Issue Date on your Claim Form?

the date is 1/4/19

KeithP

Jkil wrote: »

the date is 1/4/19

With a Claim Issue Date of 1st April, you have until Tuesday 23rd April 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 file linked 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 Tuesday 7th May 2019 to file your Defence.

That's over 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 "defence received". 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

starting a new thread is correct, the indignation is aimed at anyone who fails to use a proper device and so fails to read the comprehensive advice in that NEWBIES thread, it would help if people stopped using the phones for these tasks, phones do not give full internet capability

CM asks that people read that thread FIRST, then start a new thread once the basics are out of the way (but they should all start a new thread , eventually)

you wont find anyone willing to take this on for a fee because its not profitable or worth the time spent on it, hence why this is a self help forum (this is not a legal forum , its a consumer advice forum , set up originally by Martin Lewis , he would tell you to consult a lawyer, which would cost you hundreds of pounds to defend a case like this, money you wont get back)

you are correct , pay IN FULL within 30 days to stop the CCJ , if you lost in your local county court

Redx

Jkil wrote: »

but creating a defence is the part in which I am doubting my ability I am not very illiterate and no nothing about parking fines and the law surrounding them. all I would know to say is that the pay and display machine wasn't working and I had no card on me to pay by phone.

this is what CM said about creating a defence, which anyone who can copy and paste can do

most people can use bargepole's concise template defence from the NEWBIES thread, and add in a point or two about the facts of the case/contravention/why they are not liable.
And a point about no landowner authority as seen in other defences.

and its not a "fine" , leave those to the authorities, which your PPC is not

these are invoices for an unpaid service due to some transgression or other , the operative word being INVOICE (THE pcn)

and faulty parking machines come under FRUSTRATION OF CONTRACT , because you had no means to complete it

Jkil

Redx wrote: »

this is what CM said about creating a defence, which anyone who can copy and paste can do

thanks for advise redx.

i know i have plenty of time but i like to get things sorted sharpish im a worrier.
how does this look for a defence i know its short but sweet. i copy and pasted some of bargepole template but im unsure of some of the language used.
i litterly have no idea what im doing so i massivly apprecite the help.
would you be able to have a read and give me some tips and recomendations i could add.
also would it matter if i sent the defence straight after doing the AOS would just rather have it over and done with.
thanks



In The County Court
Claim No:
Between
(Claimant)

-and-

(Defendant)

____________
DEFENCE
____________

1. The Defendant was the registered keeper and driver of vehicle registration number xxxx xxx on the material date. The Defendant denies that the Claimant is entitled to relief in the sum claimed, or at all.

2. The facts of the matter are that the Defendant made reasonable efforts to pay for parking using the only pay and display machine provided which was out of order at the time and held no other means to pay. The Defendant has photographic evidence of the machine displaying ‘not in use’.

3. Accordingly, it is denied that the Defendant breached any of the Claimant's purported contractual terms due to there been a frustration of contract, given there was no means for the Defendant to pay in this circumstance.

4. finding in favour of the Claimant would encourage them to operate with defective machinery in order to apply costly fixed penalty notices unlawfully and immorally.

5. The Defendant has the reasonable belief that the Claimant has not incurred £60 costs to pursue an alleged £100 debt. The Protection of Freedoms Act 2012, in Schedule 4, Para 4(5) states that the maximum sum that may be recovered from the keeper is the charge stated on the Notice to Keeper, in this case £100.

6. In summary, the Claimant's particulars disclose no legal basis for the sum claimed, and the Court is invited to dismiss the claim in its entirety.

Statement of Truth:

I believe that the facts stated in this Defence are true.