Received Claim Form late after it was sent to a previous address. PCN concerns parking at a friends.

joey19

Recently received a claim form from COUNTY COURT BUSINESS CENTRE naming Vehicle Control Services as the claimant. The PCN concerns parking at a friends house in a bay reserved for them. I cannot remember if the permit was displayed or not at the time but I park there frequently with it. I am worried because I received the claim form late (1 day past the 14 days) as it was sent to my parents address. I've just logged into moneyclaims.gov,uk and completed an acknowledgement of service with the intention of putting together a defence (I'm not sure if this was the right decision?)

I've had a read through the FAQ and looked at parking pranksters blog but I'm especially unsure what to do because I'm late and also because I have a permit.

Any help at all would be greatly appreciated.

KeithP

What is the Issue Date on your Claim Form?

Redx

email a SAR asap (tonight) to the DPO at VCS to get all the data and docs and pics they hold on you

as the AOS has been done online , start drafting it and post it below

post the ISSUE DATE on the top right of your form

joey19

The issue date is May 13th, meaning when I responded yesterday I was one day late. I was given two weeks, plus an extra five days.

KeithP

joey19 wrote: »

The issue date is May 13th, meaning when I responded yesterday I was one day late. I was given two weeks, plus an extra five days.

You are mistaken.

While the calculated date for doing the Acknowledgement of Service was 1st June, as that was a Saturday, you had until 4pm on the next working day, i.e. today, to complete the AoS.

You did the AoS on time. You were not late.


With a Claim Issue Date of 13th May, and having done the Acknowledgement of Service in a timely manner, you have until 4pm on Monday 17th June 2019 to file your Defence.

That's two weeks away. Loads of time to produce a good Defence, but don't 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.

joey19

Ah, that's great news. Thank you so much for all of your help with this!

Coupon-mad

If this was yet another red card on the windscreen emblazoned 'this is not a PCN' then adapt the NEWBIES thread VCS example appeal, written for hybrid fake CN cases.

joey19

Hi everyone. I've followed advice to submit an SAR to VCS and contact CCBC regarding an extension, given that the letters were delivered to a previous address and were not received. Today (the day I was supposed to file my defence by) they emailed me to tell me that I hadn't submitted a defence and had to send a written request to the court for an extension, which costs £100. Obviously I'd like to avoid that. VCS have yet to respond to my email requesting a SAR and CCBC said they haven't yet entered judgement. Any advice on how to proceed from here would be greatly appreciated. I have the permit that was required to park in the bay in question and have the genuine excuse that the letters were sent to the wrong address - I don't even have the same vehicle now. What would be the chances of me getting this quashed on the grounds that I didn't receive the correspondence and that I actually have the permit, it just wasn't clearly displayed on the day?

KeithP

joey19 wrote: »

I've followed advice to submit an SAR to VCS and contact CCBC regarding an extension...

No-one suggested you ask the CCBC for an extension.

It is now over two weeks since your last post - the one when you discovered when your Defence was due.

You will recall that I wrote:

...you have until 4pm on Monday 17th June 2019 to file your Defence.

Please show us your draft Defence at the earliest opportunity - or file it straight away if you like.

Quentin

Your options are:

Get a defence in immediately

Pay the £100 and hope you get an extension ( though bear in mind that despite getting the original claim late you did still have in excess of 14 days to reply to court, so an extension is not guaranteed!)

Otherwise expect a default ccj shortly

Coupon-mad

Oh dear, this is not what was advised. NO-ONE said to do that.

Get a defence in or you will lose. No more questions or faffing.

You can use bargepole's concise defence for residential cases and change the wording about you being the resident, to say instead that you were an authorised visitor relying on the rights and easements available to the resident & their visitors.

It's one of the example defences in post #2 of the NEWBIES thread so go get it now, adapt it to suit a visitor situation, make sure it has the right headings and statement of truth, and sign a hard copy.

Then scan it and attach it to an email that tells the court in the SUBJECT LINE:

Urgent defence - and advice of correct address for service - claim no xxxxx

And tell them in the body of the email, the correct address for service and ask them to rectify their data.

Also then (secondly) email VCS and tell them your correct address for service and that the claim is defended. DO NOT DO THAT EMAIL FIRST. You need to be sure the defence has gone to the CCBC first.