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Comments

  • Matthays
    Matthays Posts: 43 Forumite
    Part of the Furniture 10 Posts
    waamo wrote: »
    Do nothing. There isn't anything you can do yet.

    You may (or may not) get a formal Letter Before Claim. That is when you need to respond. As I said though you may never actually get one. The same applies to court papers.

    If you get either come back for further advice. Debt collectors letters can be ignored, they are just scary fluff designed to get you to pay up with minimum effort. They are actually completely powerless.

    As a point to note your company are not the "registered owner". There is no such thing. I suspect you mean they are the registered keeper. It might sound pedantic but there is a distinction in law between the owner, keeper and registered keeper.


    OK thank you - I have a had a couple of debt collector letters yes - but nothing from a solicitor yet.....
  • beamerguy wrote: »
    Maybe you will be able to bang them to rights.

    UKCPM use the incompetent Gladstones solicitors. Once the stupid threats made by debt collectors finish, as they do, the Gladstones boys step in and you will receive a letter before claim which should prove their claim and ready for you to rebut. This will give you 30 days to respond.

    Forms will be included which you ignore

    Within their claim you will probably see an amount for £60 that you cannot account for, nor can they.

    That's when ABUSE OF PROCESS steps in and you must read this
    https://forums.moneysavingexpert.com/discussion/6014081/abuse-of-process-district-judge-tells-bwlegal

    Your job will be to get a judge to kick gladstones out of court for Abuse of Process and that will the end of that claim

    So - I've just got a court claim from Northampton court which does, indeed, include £60 "contractual costs".

    But this is is from the actual court - is it too late now?

    Thanks in advance.
  • KeithP
    KeithP Posts: 41,296 Forumite
    Part of the Furniture 10,000 Posts Name Dropper
    What is the Issue Date on your County Court Claim Form?
  • KeithP wrote: »
    What is the Issue Date on your County Court Claim Form?

    It's 9/12/2019...
  • Le_Kirk
    Le_Kirk Posts: 25,006 Forumite
    Part of the Furniture 10,000 Posts Photogenic Name Dropper
    Matthays wrote: »
    So - I've just got a court claim from Northampton court which does, indeed, include £60 "contractual costs".

    But this is is from the actual court - is it too late now?
    You have received a court claim form from Northampton CCBC which is the government business centre that runs the small claims service - it is not a court. What do you mean is it too late now? Is what too late?
  • KeithP
    KeithP Posts: 41,296 Forumite
    Part of the Furniture 10,000 Posts Name Dropper
    Matthays wrote: »
    KeithP wrote: »
    What is the Issue Date on your County Court Claim Form?
    It's 9/12/2019...
    With a Claim Issue Date of 9th December, you have until Monday 30th December to file an Acknowledgment of Service. If possible, do not file an AoS before 15th December, but otherwise there is nothing to be gained by delaying it. To file an 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 filed an AoS, you have until 4pm on Monday 13th January 2020 to file your Defence.

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


    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.
    6. Do not be surprised to receive an early copy of the Claimant's Directions Questionnaire, they are trying to keep you under pressure. Just file it.
    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.
  • Le_Kirk wrote: »
    You have received a court claim form from Northampton CCBC which is the government business centre that runs the small claims service - it is not a court. What do you mean is it too late now? Is what too late?

    Yes - that's true - the CCBC.

    I meant is it too late to do anything about it once it's reached this stage....
  • KeithP wrote: »
    With a Claim Issue Date of 9th December, you have until Monday 30th December to file an Acknowledgment of Service. If possible, do not file an AoS before 15th December, but otherwise there is nothing to be gained by delaying it. To file an 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 filed an AoS, you have until 4pm on Monday 13th January 2020 to file your Defence.

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


    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.
    6. Do not be surprised to receive an early copy of the Claimant's Directions Questionnaire, they are trying to keep you under pressure. Just file it.
    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.


    Really appreciate the help this forum is offering. However many have stated something like "with your defence" - I'm not entirely sure what my defence is!

    Sorry - consider myself pretty intelligent but I'm not sure how to actually defend this!
  • Le_Kirk
    Le_Kirk Posts: 25,006 Forumite
    Part of the Furniture 10,000 Posts Photogenic Name Dropper
    Your defence is whatever you say against the Particulars of Claim (POC) that the Parking Company have put on the claim form, e.g. if they put "no ticket was purchased" your defence is (if it is true) "driver did buy a ticket" or if it is "overstayed by 16 minutes" your defence is to do with grace periods (two of them) which together add up to more than 16 minutes. Read some defences in the NEWBIE sticky post # 2 and decide which one most nearly fits your circumstances and adapt it to suit.
  • Fruitcake
    Fruitcake Posts: 59,479 Forumite
    Part of the Furniture 10,000 Posts Name Dropper Photogenic
    edited 13 December 2019 at 5:30PM
    A defence would normally include things like,

    Not the landowner
    No standing (no valid contract) to issue charges in their own name
    Inadequate signage
    Non-PoFA compliant NTK
    Lack of grace periods
    Inadequate signage
    ATA CoP failures
    Anything else relevant.

    File the AoS within the timescales already given by KeithP, stating you will defend, but put absolutely nothing in the defence box. Not even a full stop.

    Then look at the 17 defence points linked in post 2 of the NEWBIES and pick out all the points that apply.
    Look at as many other UKCPM threads and crib any defence or parts thereof that are relevant.

    Follow the guide to court written by bargepole you will find in post 2 of the NEWBIES.

    Construct a draft defence and post it here for checking.

    What happened when you complained to the landowner? It is still not too late to get this cancelled.
    I married my cousin. I had to...
    I don't have a sister. :D
    All my screwdrivers are cordless.
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