Horizon Parking - County Claim Court

Rooney123

Hi All,

I have read through the newbies thread as instructed but cannot seem to find a case similar to mine.

The keeper was issued with a PCN for overstaying in a 3 hour free stay car park by 15 minutes.

The initial and subsequent letters from Debt Recovery Plus, Zenith and Gladstones Solicitors have all been ignored.
The keeper now has a claim form from the County Court Business centre issued on 07 Oct 2019.

Do they have any defence around being only 15 minutes late? Or do they just accept and pay the amount? - I will note that they did spend money in the shops on the day in question.

Any advice would be greatly appreciated!

Fruitcake

The advice to ignore has not been given on this forum since the law changed in 2012. I have no idea where you got that old and out of date advice, but it was not here.

Nobody here will suggest you pay a scammer but you have a lot of work to do now.

Start by reading the sticky thread for NEWBIES, especially post 2 of that thread where you will find a step by step guide to court written by bargepole. Read it thoroughly and follow it precisely.

What happened when you complained to the landowner or managers of the shops that were visited.

Since you have not yet made contact with the scammers or scamlicitors, you should edit your post to remove information about who did what. Only ever refer to The Driver and The Keeper, who ae two different people. The Keeper has protections in law that The Driver does not.

You should send an SAR to the scammers as per the advice in the NEWBIES. Check to see if the NTK is capable of making The Keeper liable by comparing it with the strict requirements of the PoFA 2012.

Acronyms and abbreviations are contained in post 5 of the NEWBIES.

KeithP

Rooney123 wrote: »

I now have a claim form from the County Court Business centre issued on 07 Oct 2019.

With a Claim Issue Date of 7th October, you have until Monday 28th October to do the Acknowledgement of Service, but 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 11th November 2019 to file your Defence.

That's 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.