OPS and failed POPLA appeal

Coupon-mad

As it was Vantage Point (Brighton) I know it personally - well I've driven past it before!

I am already helping someone with a claim about that place, and I am happy to assist you for free, and turn up in court if needed.

erik_the_red

So last week we received the dreaded letter from Gladstones threatening court proceedings and upping the amount owed by £60 for "additional costs incurred by their client" in pursuing the penalty charge - total of £160 now.
What's my next step?
Thanks in advance.

KeithP

erik_the_red wrote: »

What's my next step?

Is it a real Letter of Claim? Who does it ask you to pay? Does it give you thirty days to respond? Are the any forms included?

You need to be reading post #2 of the NEWBIES FAQ sticky thread for guidance on how to react to that Letter of Claim, if indeed it is one.

erik_the_red

It is titled "LETTER BEFORE CLAIM" but I will review post #2 as directed. Thanks.

The_Deep

total of £160 now.

Read this

https://forums.moneysavingexpert.com/discussion/6014081/abuse-of-process-district-judge-tells-bwlegal

and, if they enter a claim, be sure to add it to your defence.

erik_the_red

Thanks for pointing me to the £60 fake costs post - sounds encouraging to my layman ears!
Today we received a County Court claim form. The Particulars of Claim states "THE CLAIMANT CLAIMS £100 for the PCN, £60 contractual costs pursuant to the Contract and PCN terms and conditions, together with statutory interest of £6.88".
Presumably I can follow the "acknowledgement of service" response to give me more time to get ready?
TIA

erik_the_red

The County Court address is listed as Northampton - does that I mean I'll have to go to Northampton to attend? The parking penalty was incurred in Brighton and One Parking Solution are based in Worthing, so it doesn't seem appropriate for this case to be heard in Northampton.

KeithP

No you will not need to go to Northampton. Later in the process, if you are an individual Defendant, the case will be transferred to your local County Court.

Are you based in West Sussex?

Please re-read post #12 above by Coupon-mad.

What is the Issue Date on your County Court Claim Form?

erik_the_red

Hi KeithP, thanks for the info. Issue date is 11th November.

KeithP

erik_the_red wrote: »

Issue date is 11th November.

With a Claim Issue Date of 11th November, you have until Monday 2nd December to do the Acknowledgment of Service. If possible, do not do the AoS before 16th November, but otherwise 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 16th December 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. 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 just trying to keep you under pressure. 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.