POPLA refused my appeal - should I write back?

nuremburger06

Date of issue is 19/12/2019 and AOS was done on 21/12/2019 and showing as received on 23/12/2019.

KeithP

nuremburger06 wrote: »

Date of issue is 19/12/2019 and AOS was done on 21/12/2019 and showing as received on 23/12/2019.

Oh... there has been no mention in the thread that you have received a County Court Claim, and it was only just over ten minutes ago that you amended the thread title to reflect that. But even that thread title change isn't reflected in the thread index list because the thread is too old for that.


With a Claim Issue Date of 19th December, and having filed an Acknowledgement of Service on 23rd December, you have until 4pm on Monday 20th January 2020 to file your Defence.

That's not long.


When you are happy with the content, your Defence could 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. No need to do anything on MCOL, but do check it after a few days to see if the Claim is marked "defence received". If not, chase the CCBC until it is.

Having filed your Defence, there is more to do...

1. Do not be surprised to receive an early copy of the Claimant's Directions Questionnaire. Nothing of interest there. Just file it.
   
2. Wait for your own Directions Questionnaire from the CCBC, or download one from the internet, and then complete it as described by bargepole in his 'what happens when' post.
3. The completed DQ should be returned by email to the CCBC to the same address and in the same way as your Defence was filed earlier.
4. Send a copy of your completed DQ to the Claimant - to their address on your Claim Form.

nuremburger06

Cheers, I didn't realise the thread title won't change in the index but didn't want to start a new thread. Would be grateful for some comments on my draft defence - good and bad.

KeithP

nuremburger06 wrote: »

Cheers, I didn't realise the thread title won't change in the index but didn't want to start a new thread. Would be grateful for some comments on my draft defence - good and bad.

You are right not to start a new thread.

Keep this one thread going until the court case is over.

Any updates or new information must be contained in a new reply. There is a great risk of things being overlooked if just the opening post is updated.

Coupon-mad

You've not been posting here since October, so unless you've been keeping up with the forum (I hope you have) you've perhaps missed reading what happened in a case in Southampton in November, that you can use in your own case.

Spend part of the weekend playing catch up with the latest advice on other threads exactly like yours, Read a least a dozen court claim threads and certainly the one by CEC16.

nuremburger06

Just had a quick read of CEC16's case thread and also the one from Amis95, great results! Still reading more threads but a quick question. Will I be able to rely on the fact that there are only photos of my car entering (and no evidence of having parked there) when I have previously admitted to parking my car but in the wrong car park because the signage is unclear? Seems unlikely to me but would appreciate the forum's thoughts.

Coupon-mad

I presume you mean they have in and out ANPR photos, in which case they do not need evidence of actual parking in those hours, especially as you admitted parking (which is fine, BTW - and honest position in court later).

Your best chance of winning will be using this evidence of ambiguous terms:

I've also included photos of the signage which does not make it clear that the rail station car park is separate to the retail complex car park. The space in which I parked was immediately next to the rail station pick up area, which is why I thought it was the rail station car park. I

They've simply relied on PDFs of the car park signs which show a maximum stay time of 4 hours, whereas the actual signs in the car park state 5 hours.

Le_Kirk

You might want to remove your VRM from the post # 10 (unless it is a false one!)

Le_Kirk

Can we be clear that the additional fees you write about in paragraph #14 are relating to debt collectors fees and are not the filing and other fees etc., which are allowed.

nuremburger06

Le_Kirk wrote: »

Can we be clear that the additional fees you write about in paragraph #14 are relating to debt collectors fees and are not the filing and other fees etc., which are allowed.

Costs stated are:
£100 for the PCN
£6.28 interest (8% per annum = daily rate of £0.02 from 08/02/2019)
£60 contractual terms pursuant to PCN t&c
£25 court fee
£50 legal costs