Question regards the Court Claim Procedure

Aliseries

Hello,

I am helping out my daughter who has it currently in the Court Claim part of the process and just need to clarify if the solicitors are trying to bamboozle my daughter.

I have gone through the forum and we decided to use the the defence as detailed in post in reply to Clam Form as details by Johnersh for residential parking

She was charged for parking in one of the residential parking places of a flat she rents because she wasn't displaying her permit.

She received the acknowledgement of this defence from the County Court in Northampton.

The solicitors have emailed (on the 14th of August 2019) with the their N180. a few days later the same arrived with their filled in N180.

Reading the procedure for the Court Claim Procedure (updated October 2016) posted by bargepole

Step 4 says that the Court Northampton will send a N180 to my daughter and the Claimant.

She hasn't yet to receive anything from the Court.

Is the Northampton Business Centre slow in processing the paperwork, or are the solicitors trying make her feel pressured? Should she wait until the court send the paperwork?

Thanks

Aliseries

Redx

At the moment there is no court, only the CCBC who can be slow at times, but they are a government office, not a court

If this worries both of you, the newbies sticky thread tells you to download your own DQ, fill it in ,then email it to the CCBC, same as you do with the defence

Read the recent win for Jestershoe, where the fact that she had permission to park means there was no consideration, therefore no contract

Use that aspect in the WS in the future

These solicitors tend to send a partially completed DQ, bargepole tells you to ignore it

The_Deep

Read this

https://parking-prankster.blogspot.com/2016/11/residential-parking.html

Most of these "own space" claims swill fail because the resident's lease/AST will take precedence and the scammer cannot offer the resident anything they do not have already. Google "primacy of Contract.

No consideration = no contract. If there is not contract there can be no BOC. The PPC is almost certainly attempting to interfere with your leasehold right to peaceful enjoyment, possibly an offence under The Landlord and Tenant Acts, perhaps worth a counter claim.

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.

KeithP

I often write this:

Do not be surprised to receive an early copy of the Claimant's Directions Questionnaire, they are just trying to keep you under pressure.

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.

Coupon-mad

Is the Northampton Business Centre slow in processing the paperwork,

Yes this is all normal.

nosferatu1001

There isnt any pressure. Its just the N180

Download your own copy, much easier than waiting on the court to send it out and utterly fine to do.