Got Serious, pay or fight? *Defence Draft Stage*

Anonimoose

Hello all

please excuse me I have tried doing a bit of reading but its all been a bit overwhelming so just looking for a bit of advice.

Received a PCN from Civil Enforcement LTD back in August last year. I parked in a totally deserted car park at night at 9:30 PM, I had no idea I would have to pay at this time but apparently so. Took the advice i saw on here of totally ignoring all the letters and was under the impression it would not end up going to court if i did this. Well it looks like it has, and now I'm wondering if i even have a leg to stand on or just pay it and get it all over with, the last thing i need right now is a CCJ on my record.

I don't have any experience with court dealings so feel like it might be useless trying to fight it. I have tried to attach a picture of my most recent letter but as a new user its not letting me. The letter is titled 'Claim Form', in the top right it says 'in the county court business centre' with a Northampton address. The total amount is saying £267.85. any help will be great appreciated, thanks.

KeithP

Took the advice I saw on here of totally ignoring all the letters...

That is worrying. Can you please point out exactly where you saw this?

What is the Issue Date on your Claim Form?

Redx

Anonimoose wrote: »

Took the advice i saw on here of totally ignoring all the letters and was under the impression it would not end up going to court if i did this.

Well it looks like it has, and now I'm wondering if i even have a leg to stand on or just pay it and get it all over with, the last thing i need right now is a CCJ on my record.

I don't have any experience with court dealings so feel like it might be useless trying to fight it. I have tried to attach a picture of my most recent letter but as a new user its not letting me. The letter is titled 'Claim Form', in the top right it says 'in the county court business centre' with a Northampton address. The total amount is saying £267.85. any help will be great appreciated, thanks.

there is NO SUCH ADVICE to IGNORE pcn,s on this forum and hasnt been since march 2013 when I started coming here , so please point out where any such advice is on here , so it can be removed

the newbies thread tells everyone to appeal the pcn, no matter which PRIVATE company it is from

fight, and if you lose , pay the judgment IN FULL within one month to avoid the CCJ being on your record

chances are that even if you lost the final total will be less than £200

Anonimoose

Thanks for the quick replies. If that is the case then i apologise maybe my searches were only returning old topics but it definitely seemed the consensus to not give them any form of communication !

@KeithP, The issue date on my recent letter is 30 MAY 2019

@Redx, So if the cassettes to the point where i have to attend an actual court hearing will i still not receive a CCJ if i pay on time?

Thanks

Coupon-mad

to the point where i have to attend an actual court hearing will i still not receive a CCJ if i pay on time?

99% of cases here are won by our posters so that's a bit premature, as we almost never lose v CEL. But yes, you have no CCJ risk as long as you miss no court deadlines.

Please, please just read NEWBIES PLEASE READ THESE FAQS FIRST, the second post of it (and not on a phone. If you were, stop! Use a laptop). See my signature, we can't deal with cases like this unless people have read the sticky thread which is 2 clicks back.

When you Google search or look on a forum, never read years old news! If you had read the NEWBIES thread when you got the PCN, you would have had a CEL PCN cancelled with one email, using the easy template...too late now, harder work for you now.

KeithP

Anonimoose wrote: »

The issue date on my recent letter is 30 MAY 2019.

With a Claim Issue Date of 30th May, you have until Tuesday 18th June 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 2nd July 2019 to file your Defence.

That's nearly four weeks away. Loads of time to produce a perfect 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.

Redx

Anonimoose wrote: »

1) Thanks for the quick replies. If that is the case then i apologise maybe my searches were only returning old topics but it definitely seemed the consensus to not give them any form of communication !

2) @Redx, So if the cassettes to the point where i have to attend an actual court hearing will i still not receive a CCJ if i pay on time?

Thanks

1) that is if all the deadlines have been missed (and also applies to debt collectors too)


but NOT if the pcn or NTK has arrived within the correct timescales


2) cassettes ? try using a laptop , not a phone


pay up IN FULL on the way out of court if it bothers you so much , otherwise pay in the timescale set by the judge to avoid any credit issues


leaving it past one month WILL result in a CCJ being on your credit record with all the problems associated with it , hence why you should pay it all off IN FULL asap after any judgment against you

Anonimoose

@KeithP Thank you for breaking that down for me i am currently looking into doing the AoS. I think my main issue is all the previous cases I've read have had some form of reasonable excuse to back up their defence. In my case I genuinely just didn't pay because it simply didn't cross my mind to do so that late at night in a deserted car park, I cant help but think that wouldn't hold up very well. I have since been back to the car park and inspected the sing and believe it did say it is 24 hours payment.

@Redx, sorry I'm typing from an iMac not my phone, still has autocorrect

Thanks

Redx

poor and inadequate signage , poorly lit signs , no landowner contract , POFA 2012 failures , BPA CoP failures


pleanty of ways to win for every person fighting these par@sites


you have no idea if you can win on any of those legal arguments , hence why you use them and adapt a recent CEL defence approved for other prople who are fighting CEL court cases

Coupon-mad

Anonimoose wrote: »

In my case I genuinely just didn't pay because it simply didn't cross my mind to do so that late at night in a deserted car park, I cant help but think that wouldn't hold up very well. I have since been back to the car park and inspected the sing and believe it did say it is 24 hours payment.

No, I think you meant:

''In my case I genuinely just didn't pay because it was pitch black and any signs or machines were unlit, non-prominent in positioning (high on a pole or on a wall), would not have been picked out by car headlights and the location appears to be set up for a motorist not to see the terms''.

That IS a defence.

Anonimoose

Hi all, I filed my AoS and will be working on my defence this weekend. I have requested an SAR from the parking company, they got back to me saying I didn't provide the vehicle reg or PCN number (i thought all the other information i provided would've been sufficient for them to provide me with the SAR). I promptly replied providing them the Reg of the vehicle in question and the PCN number but still haven't heard anything back 8 days later. Obviously I would like to know all the information they have on me to help me with my defence, is there a time limit they have to provide this information by?

Thanks for the help