Fine for entering wrong vehicle reg

Coupon-mad

Yes that is more forceful and if they continue, you can use that to show their conduct as wholly unreasonable.

familyguy321

Thanks, response sent 

familyguy321

So the inevitable court claim has arrived! I've uploaded a censored version of the first page here that shows they are claiming £182 (abuse of process?) plus court fee and legal costs. 

I've re-read the relevant section of the newbies thread and made a note of important dates based on issue date of 26 May 2020.

Day of service (5 days after issue date): 31 May

Acknowledge service of claim by: 13 June (plan to do this online today)

Submit defence by: 28 June (to be done by email to CCBC)

Please let me know if I have got anything above wrong and I would appreciate if someone could provide answers to my questions below.

Q1: Which court but should I select? Local one is Leicester but I’ve read that Warwick gives an increased chance of winning?

Q2: how long does it usually take between submitting defence and attending a hearing?

Regards,

FG

Coupon-mad

There's something odd about that Leicester car park...is it the landowner authority, I'm trying to recall!  Is it already discussed on this thread or if not, it must be on another one.

Q1: Which court but should I select? Local one is Leicester but I’ve read that Warwick gives an increased chance of winning?

You don't put a court down yet.  That's something for the DQ stage, but yes you could put Warwick on the DQ and put as your reason 'work commitments uring daytime hours - Warwick is more convenient'.

Q2: how long does it usually take between submitting defence and attending a hearing?

About 6 months at the mo, but they are being done remotely by phone (or sometimes video conference) during COVID, as the NEWBIES thread says.  Hopefully a Warwick Judge will strike the claim out anyway, as the template defence invites them to do!

  

KeithP

familyguy321 said:

I've re-read the relevant section of the newbies thread and made a note of important dates based on issue date of 26 May 2020.

Day of service (5 days after issue date): 31 May

Acknowledge service of claim by: 13 June (plan to do this online today)

Submit defence by: 28 June (to be done by email to CCBC)

Please let me know if I have got anything above wrong.

Very good. Almost right, but  a due date is never on a non-working day.

With a Claim Issue Date of 26th May, you have until Monday 14th June to file an Acknowledgment of Service, but there is nothing to be gained by delaying it. 

To file an AoS, follow the guidance in the Dropbox file linked from the second post in the NEWBIES thread.

Having filed an AoS, you have until 4pm on Monday 29th June 2020 to file your Defence.

That's three weeks away. Plenty of time to produce a Defence, but please don't leave it to the last minute.

To create and file a Defence, look again at the second post on the NEWBIES thread - immediately following where you found the Acknowledgment of Service instructions.

Don't miss the deadline for filing an Acknowledgment of Service, nor that for filing a Defence.

D_P_Dance

£257?  They are having a laugh.

nosferatu1001

£82 is the amount for abuse of proces
And as DP says, they're having a laugh. 

familyguy321

Coupon-mad said:

There's something odd about that Leicester car park...is it the landowner authority, I'm trying to recall!  Is it already discussed on this thread or if not, it must be on another one.

Q1: Which court but should I select? Local one is Leicester but I’ve read that Warwick gives an increased chance of winning?

You don't put a court down yet.  That's something for the DQ stage, but yes you could put Warwick on the DQ and put as your reason 'work commitments uring daytime hours - Warwick is more convenient'.

Q2: how long does it usually take between submitting defence and attending a hearing?

About 6 months at the mo, but they are being done remotely by phone (or sometimes video conference) during COVID, as the NEWBIES thread says.  Hopefully a Warwick Judge will strike the claim out anyway, as the template defence invites them to do!

  

Thanks for the answers CM - fingers crossed that the claim does get struck out. 

With regards to landowner authority, admittedly it was missed out of the POPLA appeal but QDR were asked following Letter of Claim and the response was, "We are not in possession of any document requested, however, any such information will only be provided in case of litigation activity." Note, a couple of months after the PCN was issued there was a different operating running that car park. Not been near there in recent months to see if that has changed again. 

familyguy321

KeithP said:

familyguy321 said:

I've re-read the relevant section of the newbies thread and made a note of important dates based on issue date of 26 May 2020.

Day of service (5 days after issue date): 31 May

Acknowledge service of claim by: 13 June (plan to do this online today)

Submit defence by: 28 June (to be done by email to CCBC)

Please let me know if I have got anything above wrong.

Very good. Almost right, but  a due date is never on a non-working day.

With a Claim Issue Date of 26th May, you have until Monday 14th June to file an Acknowledgment of Service, but there is nothing to be gained by delaying it. 

To file an AoS, follow the guidance in the Dropbox file linked from the second post in the NEWBIES thread.

Having filed an AoS, you have until 4pm on Monday 29th June 2020 to file your Defence.

That's three weeks away. Plenty of time to produce a Defence, but please don't leave it to the last minute.

To create and file a Defence, look again at the second post on the NEWBIES thread - immediately following where you found the Acknowledgment of Service instructions.

Don't miss the deadline for filing an Acknowledgment of Service, nor that for filing a Defence.

Thanks KeithP, I did not know about the non-working day rule. Every day helps I guess  

AoS has already been filed and a first draft of defence (as per template) should be ready for review by this weekend. 

familyguy321

nosferatu1001 said:

£82 is the amount for abuse of proces
And as DP says, they're having a laugh. 

Thanks nosferatu and DP, definitely going to go hard on the abuse of process. Let's hope we're the ones having the last laugh!!