SCS-Law Letter Before Claim, Ukpc - Court Claim

D_P_Dance

The sums being pursued are not contrary to the Protections Freedoms 2012 and or/ any ruling by the Supreme Court

They might struggle with that in court.  Have you complained to your MP?

erasec

Coupon-mad said:

SCS Law are not taking you to court. The Claimant (parking firm) filed the claim, they are merely using SCS Law to handle their paperwork.

I have a few doubts on how a defence should really look like.

Why, given there is a TEMPLATE DEFENCE sticky thread?

scs law is also stating in the court claim that I have admitted being the driver during communication, which is a lie and they can not prove it as I believe was careful to identify myself as the keeper. I also received bailiff fake letters regarding a couple of notice that scslaw confirmed they were adding to the original claim but they didn't. Shall I add those details in defence?

In most cases, if you were the driver you are best admitting to driving in your defence.  No evidence gets attached (see TEMPLATE DEFENCE thread).

What makes you think you have 28 days, you've done the AOA online then, as the NEWBIES thread takes you through. step by step, in pictures, and you have now bought yourself that time?  Counting from when?

What is the date on your N1 Claim form?

I left it for the last minute, so I hope I have 28days. I read so in the government website when I acknowledged the claim, it said 28 days from date of acknowledgement which is the day of my previous post. 
I admit I didn't look well for the defence part in the newbie thread, will do now.
the date on the n1 claim form is 7/12/2020, I was given on the form 14 days to acknoledge, and 28 from acknowledgement online, to prepare defence. Hopefully I didn't misunderstand. 
Thank you for your help again, will follow your advice.

erasec

D_P_Dance said:

The sums being pursued are not contrary to the Protections Freedoms 2012 and or/ any ruling by the Supreme Court

They might struggle with that in court.  Have you complained to your MP?

not to my MP, I did to the building management company, as I live there as tenant, but it didn't help. 

Umkomaas

the date on the n1 claim form is 7/12/2020, I was given on the form 14 days to acknoledge, and 28 from acknowledgement online, to prepare defence. Hopefully I didn't misunderstand. 

I think you have. The absolute maximum time you have to submit a defence is 33 days from the 'date of issue' shown on the N1 claim.  I suspect a judgment in default has been awarded by now. Urgently check your history on the MCOL website. 

erasec

Umkomaas said:

the date on the n1 claim form is 7/12/2020, I was given on the form 14 days to acknoledge, and 28 from acknowledgement online, to prepare defence. Hopefully I didn't misunderstand. 

I think you have. The absolute maximum time you have to submit a defence is 33 days from the 'date of issue' shown on the N1 claim.  I suspect a judgment in default has been awarded by now. Urgently check your history on the MCOL website. 

I think I have too. It won't let me login to MCOL. This is annoying, I am sure I read I had 28 days to prepare defence. My fault. Still trying to log in to see any update.

erasec

ok, I still can defend myself.  I was in fact logged in but I had to look at open claim. This is what I read when I enter the defence section:

Before you can file a defence to the claim against you, you must make sure the following apply in your case:

you are filing your defence within 14 days of service of the claim on you (a claim is considered served on the fifth day after it is issued)

or

where separate detailed particulars of claim were served, within 14 days of service of those

or

if you filed an acknowledgement of service, within 28 days of service of the claim (or separate particulars)

Going to read the newbie thread on defence now! 

erasec

I am not native speaker or ever studied here, and that doesn't help understanding all court details. By reading the above on the website, I am late, claim was served on the 14th of december. But the website still let me proceed with defence, which I think I will.

Umkomaas

But the website still let me proceed with defence, which I think I will.

Just get something off and hope the PPC/solicitors haven't filed for default. 

The defence is already written for you (one of the 5 sticky 'ANNOUNCEMENTS' at the top of the forum thread list), with the exception of you expanding in paras 2 and 3. Just get those completed and email it as a pdf to the CCBC.  You do not have the luxury of even nano seconds to ask 'is this ok', your only priority at this stage is to send it in before the claimant files for default. Just do it!

erasec

Thank you! on it now. Do you think I am late to proceed online, as mcol is letting me file?

Umkomaas

erasec said:

Thank you! on it now. Do you think I am late to proceed online, as mcol is letting me file?

You are late, much will depend on whether the claimant has filed for default. I don't know the precise workings of the CCBC, but that default request could already be sitting on someone's desk awaiting input - then it might well be too late. Don't forget there's a pandemic crippling the country and normal smooth working practices are being compromised.