Claim form received from county court

Terrier666

Hi

In late 2017, I received a pcn from minster baywatch after the driver parked "in breach" of contract at Oldham mecca bingo. An appeal was lodged at the first instance and later again after being made aware of the requirement for minster baywatch to send additional documents due to the vehicle being a leased car. Minster baywatch/Gladstones have failed to respond or send the documents within the stipulated time and now cannot pursue liability from the hirer. The signage at the entrance does not comply with the bpa code of practice as pointed out by another poster.

I have acknowledged the claim letter and have 33 days from 23 July to submit my defence. Could you please help me draft a defence please. I am not too familiar with previous cases or any regulation and any help would be much appreciated.

KeithP

Is 23rd July the Issue Date on your Claim Form?

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

Terrier666

Yes, 23rd july is the issue date and the letter has been sent from Northampton business centre

KeithP

With a Claim Issue Date of 23rd July, and having done the Acknowledgement of Service in a timely manner, you have until 4pm on Tuesday 27th August 2019 to file your Defence.

That's over 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.

Post #2 of the NEWBIES sticky thread - link to that thread above - offers guidance on how to write a winning Defence and there a several examples linked from there.

Terrier666

Once I have written up my defence, should I post it here for feedback or is that something to avoid

waamo

Terrier666 wrote: »

Once I have written up my defence, should I post it here for feedback or is that something to avoid

Yes post it here. They get to see it well in advance of any hearing so there is nothing to be gained in keeping it secret.

Terrier666

Hi, I am currently in the process of writing up my defense. Just noticed something from the previous letters sent to me by Gladstones solicitors acting on behalf of Minster baywatch. In one particular letter, it is claimed by Gladstones that their client has evidence of a NTD affixed to the windscreen. This was never the case and clearly a false statement which can be deemed as scare tactics. Can I use this as a further point.

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.

Terrier666

Also I had originally sent the appeal template found on the newbies thread and never received a Response. My car is on lease and minster baywatch were made aware of the fact by the lease company when providing details of registered keeper. So despite me sending POFA 2012 with relation to lease vehicles and the required documents they seem to ignore this.

Redx

email a SAR asap to the DPO at MB and get all their docs and pics and data on you and this cehicle, which should include any docs like NTH and any appeal that was made by you etc, plus any rejection with popla code if one was issued


as long as the AOS has been done , poist the proposed defence draft below for critique, after studying other 2019 defences

Terrier666

Sorry for asking a lot. Thanks for all the help. Could you direct me to the 2019 defences