Court Summons Received - ignored all previous letters - what now?

Redx

reading other threads and the newbies thread post #2 answers all your questions

you wont be filling any of those papers in

do the AOS online on the government gateway, to gain more time

then study that newbies thread post #2 and other court claim threads until you get the gist, stop rushing , take a chill pill and do the research

as long as the SAR has been done , get the AOS online done

DO NOT FILL ANY OF THOSE FORMS IN

draft your draft defence in word or libreoffice writer

read the POC and rebut it

add a section on no landowner authority

add a section on poor signage

add a section on abuse of process

this is in all other recent court claim threads , so read them

post that the AOS has been done below, then post your proposed draft defence within a week or two

KeithP

MiguelCotto wrote: »

Issue date of Claim is 23rd Sept 2019.

With a Claim Issue Date of 23rd September, you have until Monday 14th October to do the Acknowledgement of Service. If possible, do not do the AoS before 28th September, but otherwise 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 Monday 28th October 2019 to file your Defence.

That's over four 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 could 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.

Half_way

If you can get the site owner to state that they do not want this matter taking up valuable court time / they do not support their agents pursuing this through the courts then that should be enough to kill this off..


The site owner will not need to contact the parking company to ask for a cancellation- where they may be fobbed off, and in turn fob you off with a sorry we cant do anything as court proceedings/papaers have been issued.
The go between falls to you



Once you have such a statement you must inform the parking company that they no longer have permission to pursue this from the landowner and as such they must drop the case with immediate effect.


If they continue then its just a claim for unreasonable behaviour with all your costs added in

MiguelCotto

If you can get the site owner to state that they do not want this matter taking up valuable court time / they do not support their agents pursuing this through the courts then that should be enough to kill this off..

So I spoke to a supervisor, then a manager and they said as a matter of policy they won't get involved. This made me angry even when I explained I haven't deliberately tried to over park. I'm tempted to write a letter to the owner as I suspect he will see the financial implications of alienating a customer in pound signs rather than policy.

Thanks all - I have a clear plan now - I will post back with updates as they happen.

Redx

besides the updates , get the AOS done asap , then start drafting your defence and post it below , there will be no reminders by anyone other than us to get those 2 vital steps done, the AOS online first, then the defence draft


post below when these are done , then post the proposed draft

MiguelCotto

If possible, do not do the AoS before 28th September

get the AOS done asap

Which one? - what's the purpose of waiting? Does it buy me more time in the long run?

Redx

as the 28th is tomorrow , do it tomorrow online (not by post), to give maximum time for drafting your defence

Ralph-y

"So I spoke to a supervisor, then a manager and they said as a matter of policy they won't get involved."


so now email the CEO at head office ....


and tell him/her that you and yours will be shopping at Waitrose as soon as it opens ....



Ralph:cool:

KeithP

MiguelCotto wrote: »

Which one? - what's the purpose of waiting? Does it buy me more time in the long run?

The reason why I suggest waiting until five days after the Issue Date, is that the court allows five days from the Issue Date for the Claim to be served.

If you were to Acknowledge Service of the Claim within those five days you are effectively telling the court that you were actually served the documents before those five days were up.

Thus current thinking here is that the 28 days allowed for filing a Defence may start counting from when the AoS is done, if it is done early, rather than allowing the full five days for service.

If you follow my suggestion accurately, then you will definitely have the maximum possible time to prepare your Defence. Otherwise, you may lose a day.

MiguelCotto

Hi all - in the POC they are only claiming £180.58 outstanding debt and damages. to the right of the POC there are additional fees of £25 court fee & £50 legal reps costs (=£255.58)
Are these legitimate court fees?