Help with Court Claim defence

peacefulturbo

Hi good people,

I live in a block of flats with parking being managed by PCM. I have permit and have always displayed the ticket at all times. Last year, I took my vehicle in for servicing and was issued a courtesy car. I transferred the permit to the courtesy car but when I picked my car after service, I forgot to transfer the parking permit back to my vehicle. I noticed the next day my error as PCM issued a PCN on my windscreen. Since the land is a private property, I ignored it. a few days later, I received another PCN. Following this, PCM has written countless letters demanding payment of the fine(s) which I dully ignored.

Yesterday, I received a court summons about the PCM claims and I need to prepare a defense. I have read a number of threads and I will acknowledge their letter shortly. I think I have 14 days to do so.

In preparing my defence after I acknowledge the summons, I need help from good people like yourselves. I have literally copy and tweak the following defence and I will need some reviews from readers or contributors please.

KeithP

Firstly, you have not received a Summons. You are free to attend court or not, as you wish.

However, if you have received a County Court Claim Form, please tell us the Issue Date on it, and did it come from the County Court Business Centre in Northampton, or from somewhere else?

peacefulturbo

Hi Keith, many thanks for your question. Yes I have received a court summons dated 19th July 2019 from:

COUNTYCOURTBUSINESSCENTRE 4TH FLOORST KATHARINE'S HOUSE 21-27 ST KATHARINE'SSTREET NORTHAMPTON
NN12LH

I hope this helps.

KeithP

I'll say it again... YOU HAVE NOT RECEIVED A SUMMONS.
That word does not appear anywhere on your papers.


With a Claim Issue Date of 19th July, you have until Wednesday 7th August 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 Wednesday 21st August 2019 to file your Defence.

That's four 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.

Redx

It does help but it is still Not a summons, it won't even say that word

It's a court claim using mcol, nothing to do with a criminal offence summons

peacefulturbo

Hi Keith,

Many thanks for the clarification and the directions you have given me. I am indeed grateful. I shall set to acknowledge their letter accordingly.

Whilst I do this, would you be kind to review the sample defence I paste as above please.

Kind regards

peacefulturbo

Hi guys, I will reproduce the particulars of claim on the claim form received as below please:

The driver of the vehicle with registration XXXXXXX (the 'Vehicle') parked in breach of the terms of parking stipulated on the signage (the 'Contract') at The [Address], on XXXXX........, thus incurring the parking charges (the 'PCN's'). The driver of the
Vehicle agreed to pay the PCN's within 28 days of issue yet failed to do so. The Claimant claims unpaid PCN's from the Defendant as the driver/keeper of the Vehicle. Despite demands being made, the Defendant has failed to settle their outstanding liability. THE CLAIMANT CLAIMS £100 per PCN, £60.00 per PCN contractual costs pursuant to the Contract and PCN terms and conditions, together with statutory interest of £53.71 pursuant to s69 of the County Courts Act 1984 at 8.00% per annum, continuing at £0.11 per day.

Redx

£60 fake add ons plus interest etc, all spurious charges due to their tardiness and fakery


post the costs breakdown and total claimed so we can see all their fakery and advise you

Redx

so the amount claimed is 3 x £100 = £300 plus 3 x £60 = £180 plus interest at £53.71 + £60 court fee plus legal rep costs of £70


seems a lot of fake charges in there, see the ABUSE OF PROCESS paragraphs in the beamerguy thread, especially the coupon mad paragraphs about DJ GRAND etc