Civil Enforcement Ltd - KFC - County Court Claim AOS Confirmed

ryou4me

Yes 91 minutes and I have a county court claim
Plus the POPLA code used to say 10 minutes, now says reasonable time

ryou4me

As the keeper of the vehicle I have not engaged with KFC BUT others have said that they usually say they can do nothing and to take it up with the parking company that issued the fine

waamo

ryou4me wrote: »

Yes 91 minutes and I have a county court claim
Plus the POPLA code used to day 10 minutes, now says reasonable time

It's what the code said at the time of the event that's important. If it said 10 minutes grace when the ticket was issued then it's a breach of the code.

ryou4me

I believe the current POPLA guidance has been amended to the following:-

"13.4 You should allow the driver a reasonable period to leave the private car
park after the parking contract has ended, before you take enforcement
action.

It is therefore clear that this is not simply a question that arises when a vehicle is
parked a minute or two over the paid or permitted time."

it used to say 10 minutes but has been changed to "reasonable time" now

I have submitted by defence by email and will log into MCOL and check with the County Court in the next day or so that they have received it.

Redx

The point waamo made is the CoP applicable at the time of the parking event counts, so if it was prior to Jan 2018 then the previous one applies, not the present one

ryou4me

My defence was filed 19th August and i have since called the County Court Business Centre

They have not yet responded

They have 33 days so until Friday 20th September I believe to respond else the claim gets struck out

Is struck out and stayed the same thing or am i confusing things for no reason?

KeithP

As you know the Claimant has 28 days after receiving your Defence, allowing 5 days for service, to indicate to the CCBC that they wish to continue with the Claim.

Do you know when the CCBC sent your Defence to the Claimant?

When the Claimant responds to the CCBC, do you know how long it is going to take the CCBC to relay that decision to you?

The CCBC are known to have a processing backlog from time to time so getting the Claimant's decision back to you may take a little while yet.

Be patient.

ryou4me

Claim History
Your defence was received on 19/08/2019
DQ filed by claimant on 21/09/2019
DQ sent to you on 21/09/2019

They basically filed on the last day

Anyway, got my DQ which i have filled in as per sticky thread

What do i put in "To be completed by, or on behalf of" box?

My answers are as follows:-

A1 = NO to mediation
B = filled in all the details, name, address, etc
C1 = YES to small claims track
D1 = name of your local County Court (where can i find my closest in Manchester?)
D2 = NO to expert evidence
D3 = 1 witness (me)
D4 = Put down the dates of any pre-booked holidays, NO to interpreter

Do i just ensure that i photocopy and send a copy to their address for service?
Recorded delivery for both?

Or can i scan into money claim online?
Anything else?

KeithP

What do i put in "To be completed by, or on behalf of" box?
Put the Defendant's name.

D1 = use courtfinder, google it, to find your local county court.

When complete, return it to the CCBC in the same manner and to the same email address that you sent your Defence. Refresh your memory on that by re-reading post #2 above.

Send a copy to the Claimant - address on your Claim Form.

Do not use any form of postal service that requires a signature.
All that does is allow the intended recipient to refuse to sign and hence refuse delivery.

If using Royal Mail, use standard First Class Post obtaining a free Certificate of Posting at the Post Office counter. It is deemed delivered two working days later.

ryou4me

i will leave blank

so to clarify, i should send to both the county court and another copy to claimant by Royal Mail First Class?

Where on money claim can i upload my DQ? is that even possible
or is it just via the email CCBCAQ@Justice.gov.uk
and if yes, do i still need to post a copy?

top right - do i just put in "The county court business centre"?

I note that it states on the N149A form that it is a defended claim but they have crossed out a "copy of the defence i enclosed"

Should i have gotten a copy?