Help with defence

lealaw

I received a claim form last week & came on here straight away. I've send the AoS via moneyclaim. I've looked at loads of defences but I just can't understand which I should use. We were accidentally parked in a disabled bay instead of parent & child. It's stressing me out.
Can anyone give me an idiot's guide as to what I need to do please?

KeithP

What is the Issue Date on your Claim Form?

lealaw

The issue date is 6th August

KeithP

lealaw wrote: »

The issue date is 6th August

With a Claim Issue Date of 6th August, and having done the Acknowledgement of Service in a timely manner, you have until 4pm on Monday 9th September 2019 to file your Defence.

That's over three weeks 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.

Post #2 of the NEWBIES thread gives good guidance on how to create a winning Defence.

Le_Kirk

Where did you look for defence examples? Did you check out the NEWBIE sticky post # 2 and find the 17 pre-written examples there? Did you buy a ticket in the car park? Presumably, as you say you accidentally parked in a disabled bay: -
1. You don't have a blue badge
2. The signs must have been poor
Your defence points will be lack of clear signage, you bought a ticket, you put the PPC to strict proof that it has landowner authority, all of which are in the examples.
As you received a claim form, what did you do about the PCN, follow up letters and LBC/LBA/LBCC which you surely must also have received. Maybe you have recently moved and not updated your V5C?

The_Deep

Nine times out of ten these tickets are scams so consider complaining 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.

lealaw

It's a free car park so I didn't need to buy a ticket. The parking bay was outside Mothercare so I assumed it was a parent & child bay. I didn't do anything about the PCN as everything I had read said to ignore it. No LBCC has been sent, the claim is the first thing I received after the letters from Gladstones.

Quentin

What were the letters from Gladstone about,?

lealaw

Threatening bailiffs & court action. Again everything I read on here was saying to ignore as they were just scaremongering.

Quentin

The letter that threatened Court action sounds like it was the lbcca

Le_Kirk

A proper letter before claim would have mentioned 30 days to respond, included financial forms (which of course you don't fill in in) and would/should have included particulars of claim (POC) and proof of their claim. If you did not receive that then that is another point to use in your defence. As KeithP pointed out you have time to research and produce a defence. Use the NEWBIE sticky post # 2 for 17 pre-written defence examples.

Submit a SAR to the claimant (it will be on the form from the CCBC) and find out what they are claiming for and what letters they purport to have sent. Info on SAR is also contained in the same NEWBIE sticky post #2. Recipients of SARs have 30 days to respond so you might not receive it in time to help your defence but it will likely be more useful at Witness Statement (WS) stage