Eurocarparks CST law LBA SAR no response

KeithP

judrop500 said:

Hi so now I have the court claim...

What is the Issue Date on your County Court Claim Form?

nosferatu1001

Next steps - newbies thread. 9 pages in, always newbies thread. 

Coupon-mad

Your actions are:

1. Read the NEWBIES thread and do what it says there about acknowledging and defending a claim.

2. Answer KeithP's question please so he can give you your deadlines and some more info.

3.  AND - get ANGRY and GET EVEN about this scam! 

Please now make a real difference because not enough people have:

A TASK FOR SEPTEMBER:

The Government is (this month only) consulting about a new statutory code of practice (CoP) and framework to rein in the rogue parking firms.  Read and comment on the draft CoP proposal and the enforcement framework consultation, and get everyone you know to do the same.

You will need to register to comment on the CoP and enter an occupation even if you are retired or a homemaker, but otherwise it is easy to navigate, and comment upon each section/subsection individually. You can save comments to edit later and or submit comments once you are happy with them.

https://standardsdevelopment.bsigroup.com/projects/2020-00193#/section

You do not need to register to comment on the enforcement framework which can be found here. It has a link on page 5 to make comments.

https://assets.publishing.service.gov.uk/government/uploads/system/uploads/attachment_data/file/913272/Code_Enforcement_Framework_consultation.pdf

At the very least, we say the parking charge level should be £50/£25 or higher level £70/£35, as per Council PCNs in E&W.  

And we say the added fake 'debt recovery' costs are just double counting the cost of letters and MUST GO.  Remove that layer and you remove the ‘drivers’ behind the race to court.

HOW TO DO THE SUBMISSIONS:

Responses into the PAS 232 and MHCLG framework documents are not completely straightforward:

On the MHCLG response, you have to answer the questions on a 1-5 scale from strongly agree to strongly disagree, and then put some commentary. No way to upload documents or alternatives.

 

On the PAS 232, you have to click on each clause and sub-clause to put your comments, and a suggested rewording of their draft.  You can see comments which other people have written! 

 

But, when you click ‘submit’, a message pops up to say your comments have been received, but that only applies to the particular clause you have just addressed.

 

You have to click ‘submit’ separately for each individual clause response.

 

Some people will be caught out by this but can revisit it and add further responses up to 12 October.

 

judrop500

KeithP said:

judrop500 said:

Hi so now I have the court claim...

What is the Issue Date on your County Court Claim Form?

23 Sept

KeithP

judrop500 said:

KeithP said:

judrop500 said:

Hi so now I have the court claim...

What is the Issue Date on your County Court Claim Form?

23 Sept

With a Claim Issue Date of 23rd September, you have until Monday 12th October to file an Acknowledgment of Service. If possible, do not file an AoS before 29th September, but otherwise, there is nothing to be gained by delaying it. 

To file an AoS, follow the guidance in the Dropbox file linked from the second post in the NEWBIES thread.

Having filed an AoS, you have until 4pm on Monday 26th October 2020 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.

To create a Defence, and then file a Defence by email, look again at the second post on the NEWBIES thread - immediately following where you found the Acknowledgment of Service instructions.

Don't miss the deadline for filing an Acknowledgment of Service, nor that for filing a Defence.

Timeouts

judrop500 said:

For background they are claiming for seven unpaid parking tickets at Browncross St in Manchester. They are claiming £160 per ticket plus recovery charge plus interest plus court and legal fees, to the total of £1600+.
I have all the NTKs from a SAR as well as photos of the car, but not the driver.

£160 per ticket .... IN THEIR DREAMS
Next thing you will tell us is they were instructed by DRP ??

READ THIS and get a grip on this scam

CST letters' forum group thread

https://forums.moneysavingexpert.com/discussion/6166004/cst-letters-forum-group-thread/p1

judrop500

KeithP said:

judrop500 said:

KeithP said:

judrop500 said:

Hi so now I have the court claim...

What is the Issue Date on your County Court Claim Form?

23 Sept

With a Claim Issue Date of 23rd September, you have until Monday 12th October to file an Acknowledgment of Service. If possible, do not file an AoS before 29th September, but otherwise, there is nothing to be gained by delaying it. 

To file an AoS, follow the guidance in the Dropbox file linked from the second post in the NEWBIES thread.

Having filed an AoS, you have until 4pm on Monday 26th October 2020 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.

To create a Defence, and then file a Defence by email, look again at the second post on the NEWBIES thread - immediately following where you found the Acknowledgment of Service instructions.

Don't miss the deadline for filing an Acknowledgment of Service, nor that for filing a Defence.

I see - so the defence can be filed separately from the AOS? Helpful to know. Is the content of the defence different to the witness statement?
Any idea what happens if I move house before 26 Oct? Do I just call the court?

Coupon-mad

Please, please, just read the NEWBIES thread, post #2 about what to do and what happens when and how a WS is different from a defence.   It even walks you through AOS online, with pictures of every page.

Your questions tell us that you haven't read it yet. 

No-one makes phone calls to the court, that would be a waste of time and doesn't give you proof of what was said.

KeithP

judrop500 said:

I see - so the defence can be filed separately from the AOS? 

Yes, not 'can', but 'must' - to give you maximum time to prepare your Defence.

judrop500 said:

Is the content of the defence different to the witness statement?

Yes it is - as explained in the second post of the NEWBIES thread - link in my earlier post.

judrop500 said:

Any idea what happens if I move house before 26 Oct? Do I just call the court?

You must keep the court and the Claimant updated, preferably in writing, with your current address at all times.
To do otherwise is to risk losing a case without the opportunity to defend yourself.

judrop500

AoS submitted just now. I will have a read of some threads before drafting a defence and sharing. A lot of the Beavis stuff is not relelvant as it wasn’t an “overstay” issue. If anyone can point me to case law / a defence around poor signage, landowner, and NKTs being out-of-time I’d hugely appreciate that.