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CC Claim form received for CEL after ignoring PCN and letters

Sizenowl1867
Sizenowl1867 Posts: 11 Forumite
edited 12 August 2019 at 1:20PM in Parking tickets, fines & parking
I've left this late, I know I shouldn't have.

Before we went on holiday I read the NEWBIES post and completed the AoS. I have now spent the last 24 hours reading through example defences and I am struggling to come up with the right one. I have used Bargepole but the car is a personally leased vehicle and the lease company is therefore the registered keeper. I am struggling to find enough information on this, it must be relatively common?

Any help would be greatly appreciated, I have just a day or two to email my defence to the CC.

Many Thanks
«1

Comments

  • KeithP
    KeithP Posts: 41,296 Forumite
    Part of the Furniture 10,000 Posts Name Dropper
    What is the Issue Date on your Claim Form?

    Did it come from the County Court Business Centre in Northampton, or from somewhere else?
  • Particulars of Claim

    Claim for monies relating to a Parking Charge
    for parking in a private car park managed
    by the Claimant in breach of the terms +
    conditions (T+Cs). Drivers are allowed to
    park in accordance with T+Cs of use. ANPR
    cameras and/or manual patrols are used to
    monitor vehicles entering + exiting the site.
    Debt + damages claimed the sum 18x.xx
    Violation date xx/xx/2018
    Time in: xx:xx Time Out: xx:xx
    PCN ref: Refxxxxxxxxxx
    Car registration no.: xxxxxx Car park:-
    xxxxxxxxxxxxxxxxxxxxxxxxxxxxx

    Total Due - 18x.xx
    (Ref:[CEL web address] or Tel:01158225020)
    The Claimant claims the sum of 19x.xx for
    monies relating to a parking charge per above
    including 1x.xx interest pursuant to
    S.69 of the County Courts Act 1984
    Rate 8.00% pa from dates above to- xx/07/19
    Same rate to Judgement or (sooner) payment
    Daily rate to Judgement- 0.04
    Total debt and interest due- 19x.xx
  • 17th July

    Yes from Business Centre in Northampton
  • Quentin
    Quentin Posts: 40,405 Forumite
    Throughout here you are advised never to reveal who was driving


    You need to edit your OP to remove details of who was driving


    The ppcs monitor this forum and can use posts in your thread against you in Court
  • beamerguy
    beamerguy Posts: 17,587 Forumite
    Part of the Furniture 10,000 Posts Photogenic Name Dropper
    No need to be coy on here about the actual amounts.

    You do not expose your personal info on here

    So, the ticket, how much was it as I assume they are now saying £190

    INTEREST..... most judges do not allow this as your query will be, why have they take so long to issue a claim ?
  • KeithP
    KeithP Posts: 41,296 Forumite
    Part of the Furniture 10,000 Posts Name Dropper
    17th July

    Yes from Business Centre in Northampton
    With a Claim Issue Date of 17th July, you had until Monday 5th August to do the Acknowledgement of Service. I am going to assume you did the Acknowledgement of Service by that date. Please confirm.

    Having done the AoS in a timely manner, you have until 4pm on Monday 19th August 2019 to file your Defence.

    That's a week 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 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.


    Also in post #2 of the NEWBIES thread is full guidance on how to create a winning Defence and links to many examples of winning Defences.
  • Yes, AoS was done 23/07
  • Is there anything in the fact that the lease company is the registered keeper? Most defence examples reference registered keeper information that's all.

    Sorting my defence now... trying to include everything i can... thanks
  • Can't even remember what the PCN charge was...

    I've seen suggestions of doing a Subject Access Request. Is that something I should do?

    Thanks
  • KeithP
    KeithP Posts: 41,296 Forumite
    Part of the Furniture 10,000 Posts Name Dropper
    I've seen suggestions of doing a Subject Access Request. Is that something I should do?
    Yes, as detailed in post #2 of the NEWBIES thread. You already have a link to that thread.
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