Charging wrong price to advertised price

Pinky1979

Hi guys, I have read tons of posts but still cant get my head around the process of appeal etc.

I have recieved a NCP / BW LEGAL claim form from county court business centre, Northampton. I have 2 issues I would like to apeal. 1st being I wasnt the driver at the time, my partner was using the vehicle. 2nd, the reason for the non payment of original parking ticket is that the advertised price is different to what is charged at the machine, so he did not have enough money in change to pay the parking.

What is the best way proceed? I never recieved the 1st parking notice, but received a reminder from ncp saying is was to late to appeal. Then BW LEGAL got involved and sent me some letters which I ignored. Now I have this court claim letter.

Can anybody help me please.

Le_Kirk

Time to appeal is long gone, you are now in Court Claim and defence mode. Go to the NEWBIE thread and read post # 2 where you will find information on competing the AoS. If you post the issue date of the claim form from Northampton, KeithP will be along to give you some deadlines for your defence.

twhitehousescat

obtain a photo of the sign showing the price , urgently , before it is changed

nosferatu1001

Indeed, you MUST get photos showing this discrepancy


Not being the driver is uttterly, completely irrelevant IF they have complied with POFA to hold the keeper liable

Coupon-mad

the reason for the non payment of original parking ticket is that the advertised price is different to what is charged at the machine,

Thirded - GET PROOF!

And please tell us the issue date of the claim form, and have you done the AOS?

Pinky1979

Ok so the date on LBC is 19/06/19. I have not responded to the letter as yet AOS, I know I need to asap though.

I have screen shots of the advertised price online, which is different to the price displayed at the car park. Which I also have pictures of.

KeithP

Pinky1979 wrote: »

Ok so the date on LBC is 19/06/19.

Whilst I'm sure the date on your Letter Before Claim might be interesting to someone, can you please tell us the Issue Date on your County Court Claim Form?

Did the Claim Form come from the County Court Business Centre in Northampton, or from somewhere else?

Pinky1979

Sorry i thought the claim form was LBC? (i really dont understand what letters are what, sorry about that)

Yes the claim form is from County Court Business Centre, Northampton. The date on ot is 19/06/19

KeithP

Pinky1979 wrote: »

Yes the claim form is from County Court Business Centre, Northampton. The date on it is 19/06/19

With a Claim Issue Date of 19th June, you have until Monday 8th July 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 Monday 22nd July 2019 to file your Defence.

That's three weeks away. Loads of time to produce a perfect Defence, but please 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.

Pinky1979

Given my circumstance, what would be a good defence. I am really looking for a little help as I have no idea doing this alone.

Le_Kirk

You should read the NEWBIE sticky, post # 2 and scroll down to where you see some defences written by Bargepole, Coupon-mad and others, there are 17 of them. One of them can be used and adapted to suit. You might want to think about frustration of contract as you went armed with enough change to pay the advertised price only to find it different at the PDT.