County court claim form from excel parking services

Caspar13

Hi guys, been reading through and it’s a total mind field.

I received a myparkingcharge notice back in August. It specifically said it was not a parking charge notice so I ignored it.

My car was registered at my mums address at the time and o have since moved and my mum and step dad have since split up. He’s not been passing on my mail and I hadn’t thanked to change the address of my car.

I’ve been round to day and he’s passed on s county court claim form letter dated the 5th of April therefore meaning I have missed the 14 day cut off. I’m having a total flap because I work in the finance industry and a CCJ could mean I could lose my job.

Any help would be greatly appreciated. I don’t have any other letters from them as I’ve been at a different address

Thanks

KeithP

The first thing you must do now is the Acknowledgement of Service.

You may already be too late, but try it anyway. The Claimant has been free to seek a Default Judgment against you since last Wednesday, 24th April, but may not have noticed that.

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.


Do it now.


If you manage to get the AoS done, you have until 4pm on Wednesday 8th May 2019 to file your Defence.

That's not very long at all. Loads of time to produce a Defence, but best not to leave it to the 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 an early copy of the Claimant's Directions Questionnaire, they are just trying to keep 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.

Caspar13

Hi Keith,

Thanks for the quick reply. If the driver is at fault but didn’t receive any correspondence is it best to just ring the company directly and pay the fine?

My main concern here is my job. I work in the finance industry and a CCJ against me could result in me losing my job. If I just ring up and pay the money will it make everything go away or will they still file a CCJ on my credit file?

Thanks

KeithP

To get a County Court Judgment against you several things need to happen...

1) you have to lose a court case.
That can either be by default or by poorly defending the case.

2) you have to fail to pay whatever the judge orders in the timescale specified.

So, if you do nothing, you will get a default Judgment against you. But if you pay the specified amount, usually within on month, there will be no CCJ recorded against your name.

The suggestion is that you Defend this claim.

Even if you lose the case, you will still not get a career destroying CCJ, or any other sort of CCJ, against you if you pay up promptly.


Again I suggest you re-read my earlier post and follow the guidance offered there.


Certainly do not consider paying the PPC anything until a Judge orders you to do so. Even if you were to lose, you stand a very good chance of paying substantially less than the PPC is now asking for.

Caspar13

Thanks for your advise Keith,

I’m flapping because despite reading endless threads and defence letters I wouldn’t even know how to begin to defend myself in this scenario and am no good with all the legalities behind it all. I’m wondering if it’s just worth paying the £160 to avoid any credit file repercussions.

I shall call the courts tomorrow to see if I’m too late to send the paperwork back to the car and see if there’s a way of me emailing it for speed.

KeithP

Caspar13 wrote: »

Thanks for your advise Keith,

I’m flapping because despite reading endless threads and defence letters I wouldn’t even know how to begin to defend myself in this scenario and am no good with all the legalities behind it all. I’m wondering if it’s just worth paying the £160 to avoid any credit file repercussions.

I shall call the courts tomorrow to see if I’m too late to send the paperwork back to the car and see if there’s a way of me emailing it for speed.

You are not listening.

Do the AoS now - today - this evening - NOW!!

There is no need to send any paperwork anywhere. Do the AoS online.

You will not get a CCJ. Full stop.

There will be no "credit file repercussions".

By defending, even if you lose, you will not get a CCJ.

Look again at your Claim Form - they are asking for much more than £160, I bet.


Your next post, in about ten minutes time, should be "Aos Done. I'm now going to read post #2 of the NEWBIES thread to find out how to defend this".

There's a link to the NEWBIES thread, twice in fact, in my earlier post.

Caspar13

Thanks Keith, I’m being a bit of a moron and hadn’t realised I could do the paperwork online as they sent me a bundle.

I’m guessing I now need to write up a defence then based on your first reply? I’m unsure on the best angle as The driver ignored the thing on the windscreen as it said it wasn’t a parking charge notice and then hasn’t received any correspondence since. I’ve been reading through a variety of defense statements tonight and none of them seem to fit the drivers circumstances. Is there any other threads you can point me in the direction of? Thanks again.

KeithP

Have you now done the Acknowledgement of Service?

In post #2 of the NEWBIES thread you will find:

A 2018 defence re VCS and a 'THIS IS NOT A PARKING CHARGE' which they then call a parking charge later:

Look at the Defence linked from there.

It may of course need some adjustment to fit your particular circumstances, but as you haven't yet told us anything about your parking incident, it's difficult to comment further on that.

Caspar13

Yes, I have completed the AoS.

And I have already read through that defense but it doesn’t seem quite right.

As far as the court claim letter is concerned it states:

The claimants claim is for the sum of £160 being monies due from the defendant to the claimant in respect of a charge notice for a contravention on 28/08/18. The Terms of the CN allowed the defendant 28 days from the issue date to pay the CN, but the defendant failed to do so. Despite demand having been made the defendant has failed to settle their outstanding liability.

As far as I remember The driver had bought a ticket but was late back to the car by about 10/15 minutes but the letter from the court states as the wording above so doesn’t really explain a great deal.

Thanks again

KeithP

Tomorrow I suggest you ring the CCBC, phone number on your Claim Form, and get them to confirm that your AoS has been accepted.
You can check that by logging on to MCOL and looking at claim history.

As explained in post #2 of the NEWBIES thread, send a Subject Access Request to Excel - email address:dataprotection@excelparking.co.uk

You also need to make sure that everyone that needs to has your current address - that's Excel, their solicitor(if any), and the CCBC.

Not forgetting of course to update the DVLA for both your vehicle registration and Driving Licence. Failure on this could lead to a real fine of up to £1000.

Quentin

From your post #3 you appreciate that you should never reveal who was driving

You need to go through your other posts and remove details of who was driving

The ppcs monitor this forum and can use posts in your thread against you