BW Legal

KeithP

nick325i wrote: »

Hi Keith. Yes it is a county court claim form from Northampton with the issue date 12 August

With a Claim Issue Date of 12th August, you have until Monday 2nd September 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 [URL="https://forums.moneysavingexpert.com/discussion/4816822NEWBIES FAQ sticky thread[/URL]. About ten minutes work - no thinking required.

Having done the AoS, you have until 4pm on Monday 16th September 2019 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. 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 [URL="https://forums.moneysavingexpert.com/discussion/4816822NEWBIES FAQ sticky thread[/URL] to find out exactly what to do with it.

nick325i

OK read Newbie thread again. I have completed the money claim and asked for the SAR for this car too. Last time it took ages for this to come through so hoping its not the case for this. I will keep chasing. I believe I have 33 days in total. I will now go holiday and forget until I am back. Looks like I have some beach reading to do!!

nick325i

Stange thing is I cant remember getting any further chasers from these guys after my appeal was rejected. I called the Holiday Inn and complained and never heard another thing. I dont even know who their litigation team is for me to have a last gasp appeal.

I was totally confusing this with my other car which was from Parking Awarness rather than Parking Eye

KeithP

nick325i wrote: »

I believe I have 33 days in total.

I've given you the actual date.

Coupon-mad

nick325i wrote: »

Stange thing is I cant remember getting any further chasers from these guys after my appeal was rejected. I called the Holiday Inn and complained and never heard another thing. I dont even know who their litigation team is for me to have a last gasp appeal.

It's too late for that, could have been tried had you received a LBCCC but not now.

If the Holiday Inn promised to contact P/Eye to cancel it, then include that fact in your defence and the fact you were a genuine guest of the hotel.

nick325i

OK so today is deadline day. I spent countless hours reading through other defences but not come up with anything I can see relevant. I couldnt find as many as people say on the newbie thread.

All I wanted to say was I went there and paid for parking in good faith, My cars fan was making noises so I sat in the car longer than I paid for parking. I wasnt aware the time started the moment I entered.

I found one successful post on another forum pertaining to the very same car park whereby the defendant wrote a stern email to the Holiday Inn Guildford telling them they dont have planning permission for the Parking Eye cameras which I have now tried too. It may be too late now though.
I am thinking of just paying. What are my options now?I have until 4pm.

KeithP

It's now over four weeks since you have known when your Defence needed to be filed.

There are seventeen example Defences linked from post #2 of the NEWBIES thread.

You know where the NEWBIES thread is because I gave you a link to it over four weeks ago.

You know what your options are, and one of them isn't wittering to Holiday Inn about planning permission.

nick325i

I have looked and read them but I dont see the relevance to my case or where I needed to start.

Le_Kirk

You pick one of Bargepole's concise defences and add your particular circumstances to it, giving technical or legal arguments as a defence against each point the claimant raises in the POC. You then search the forum for the abuse of process thread posted by beamerguy and use the WHOLE comment at post #14 of that thread.

As a minimum you need signage, landowner authority and vicissitude (an unfortunate set of circumstances caused by mechanical breakdown of your vehicle).

nick325i

Thanks Le_Kirk