N1 Claim Form from 4 year old breach

pintglass

Hi All - Just received an N1 claim form from CCBC from a 4 year old breach. This is from VCS and Jake Burgess. The Issue date is the 26th June however I have just returned from working away so only just opened it.

"The Claim is for a breach of contract for breaching the terms and conditions set on private land. The Defendant's vehicle, XXXXXXXXXX, was identified in the International Business Park, Liverpool on the XXX/07/2015 in breach of the advertised terms and conditions namely stopped prohibited. At all material times the Defendant was the registered keeper and/or driver. The terms and conditions upon on a roadway where stopping is entering private land were clearly displayed at the entrance and in prominent locations. The sign was the offer and the act of entering private land was the acceptance of the offer hereby entering into a contract by conduct. The signs specifically detail the terms and conditions and the consequences of failure to comply, namely notice will be issued, and the Defendant has failed to settle the outstanding liability. The Claimant seeks the recovery of the parking charge a parking charge notice, contractual costs and interest. "

It was so long ago I don't recall it and no letters have been kept from 4 years ago. They will have ended up in the bin.

How would I defend this as I don't remember the details.

Would i start with a SAR to the DPO at VCS?

Cheers

Quentin

Everyone is asked to read up on this in the newbies faq thread near the top of the forum before starting a new thread


Go there now to get an understanding of gthe game you are now caught up in


Post #2 covers Court claims right through to the hearing together with links to defences you can crib from

KeithP

pintglass wrote: »

Just received an N1 claim form from CCBC. The Issue date is the 26th June.

With a Claim Issue Date of 26th June, you have until Monday 15th 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 [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 29th July 2019 to file your Defence.

That's over two weeks away. Loads 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 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 [URL="https://forums.moneysavingexpert.com/discussion/4816822NEWBIES FAQ sticky thread[/URL] to find out exactly what to do with it.

The_Deep

Nine times out of ten these tickets are scams so complain to your MP.

Parliament is well aware of the MO of these private parking companies, and on 15th March 2019 a Bill was enacted to curb the excesses of these shysters. Codes of Practice are being drawn up, an independent appeals service will be set up, and access to the DVLA's date base more rigorously policed, persistent offenders denied access to the DVLA database and unable to operate.

Hopefully life will become impossible for the worst of these scammers, but until this is done you should still complain to your MP, citing the new legislation.

http://www.legislation.gov.uk/ukpga/2019/8/contents/enacted

Just as the clampers were finally closed down, so hopefully will many of these Private Parking Companies.

pintglass

Thanks for all the help. I'm filling out the AoS now. Just out of curiosity, will the defence I file be the only defence i make? i.e is there a chance of actually going to court? If so what are the chances...

KeithP

pintglass wrote: »

Just out of curiosity, will the defence I file be the only defence i make?

Yes. You need to be reading post #2 of the NEWBIES thread where the court process is fully explained.

pintglass wrote: »

i.e is there a chance of actually going to court?

Yes.

pintglass wrote: »

If so what are the chances...

Of what? Going to court? Or winning?

pintglass

Thanks- just read though Loadsofchildren123's description of the process.
Once I submit my defence online, then afterwards, for arguements sake, I receive a photograph of me driving the car from my SAR, will I then have the opportunity to renege on the defence or have things progressed too far at that stage. I appreciate there are other grounds on which to defend which I may still do.
Thanks

Quentin

The other side gets the defence!

Don't consider lying in the defence!

You only get one bite!

pintglass

I won't lie but until i see proof that i was driving i won't know who was. If I prepare a defence that includes not knowing who was driving 4 years ago and a photograph of me driving then appears from the SAR, after i have submitted the defence; can i change the plea to guilty (if that is the right terminology) and pay the fine?

Quentin

You can end the matter at any time by paying the claim in full (,plus any extra court fees/interest etc that has accrued since the issue date.

pintglass

Thanks Quentin. I will issue a SAR first before completing the AoS.