CCBC notice received

NewUser2

Hi experts,

Need your help and could not find a relevant tread.

Story so far - my wife was visiting her friends and had parked on private land in private bays in a society for visitors/residents. The parking was controlled by private company UKCPM. She had clearly displayed visitor's parking permit on the dashboard also visible from outside the car.
But even then got a PCN, for which I had immediately filled an appeal on the grounds that the visitor's permit was displayed clearly. The parking controller declined the appeal.
I then kept receiving various letters, reminders, etc. which I ignored (after reading a post on a forum).
Now I have got a court notice from CCBC Northampton filled by Gladstones Solicitors demanding approximately £250.
I have registered online on MCOL but before I respond I would like to get your expert guidance on how to defend myself here.
I do not want to pay a penny as I do not feel we have breached any law here.

Have got now 9 days remaining to respond to the court claim. please help.

Many thanks

Le_Kirk

Have you received the court claim as Registered Keeper?

If you have received a court claim from Northampton CCBC, it has gone beyond appealing and you are in the realms of writing a defence. Before you complete the AoS with MCOL, post the date of issue of the court claim and KeithP will advise you of the best date to submit it. He will also give you some advice on how to file your defence. In terms of your actual defence, go to the NEWBIE sticky post # 2 and scroll down until you see: -

Here are some defences .............

Keep reading and you will find links to 17 pre-written defences. Read them and pick the one that most nearly suits your circumstance. Adapt it to suit and post your draft here. You will then receive further advice.

NewUser2

thanks for a quick reply Le_Kirk.

Have you received the court claim as Registered Keeper?

How do I know that from the letter? I was the registered keeper but now have sold the car in Jan'2019. The PCN was from Oct'2018.

Yes I have got court claim from CCBC and want an advise to write a defence.

The date of issue of the court claim is 6th Dec 2019.

KeithP

NewUser2 wrote: »

Yes I have got court claim from CCBC and want an advise to write a defence.

The date of issue of the court claim is 6th Dec 2019.

With a Claim Issue Date of 6th December, you have until Monday 30th December to file an Acknowledgment of Service. If possible, do not do the AoS before 13th December, 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 Wednesday 8th January 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.


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. No need to do anything on MCOL, but do check it after a few days to see if the Claim is marked "defence received". If not, chase the CCBC until it is.

After filing your Defence, there is more to do...

1. Do not be surprised to receive an early copy of the Claimant's Directions Questionnaire. Nothing of interest there. Just file it.
   
2. Wait for your own Directions Questionnaire from the CCBC, or download one from the internet, and then complete it as described by bargepole in his 'what happens when' post linked from post #2 of the NEWBIES thread.
3. The completed DQ should be returned by email to the CCBC to the same address and in the same way as your Defence was filed earlier.
4. Send a copy of your completed DQ to the Claimant - to their address on your Claim Form.

NewUser2

Hi Keith,

Many thanks for quick reply... understood.

Just tried to login to MCOL with the claim number and password provided but now I cannot login. Says claim number password incorrect... not sure whats wrong now.

KeithP

That's alright. As I said above, you have until 30th December to sort that out.

Did you change the password when you signed up earlier?

The_Deep

[FONT=Times New Roman, serif][FONT=Times New Roman, serif]Now I have got a court notice from CCBC Northampton filled by Gladstones Solicitors demanding approximately £250.[/FONT][/FONT]

[FONT=Times New Roman, serif][FONT=Times New Roman, serif]They have almost certainly shot themselves in the foot here, read this,[/FONT][/FONT]

https://forums.moneysavingexpert.com/discussion/6014081/abuse-of-process-district-judge-tells-bwlegal
[FONT=Times New Roman, serif][FONT=Times New Roman, serif]
[/FONT][/FONT] [FONT=Times New Roman, serif][FONT=Times New Roman, serif]Nine times out of ten these tickets are scams, so consider complaining to your MP after the election, as it can cause the scammer extra costs and work, and has been known to get the charge cancelled.

Parliament is well aware of the MO of these private parking companies, many of whom are former clampers, 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.

[/FONT][FONT=Times New Roman, serif]http://www.legislation.gov.uk/ukpga/2019/8/contents/enacted[/FONT][FONT=Times New Roman, serif]

Just as the clampers were finally closed down, so hopefully will many of these Private Parking Companies.[/FONT][/FONT]

Le_Kirk

NewUser2 wrote: »

thanks for a quick reply Le_Kirk.


How do I know that from the letter? I was the registered keeper but now have sold the car in Jan'2019. The PCN was from Oct'2018.

Yes I have got court claim from CCBC and want an advise to write a defence.

The date of issue of the court claim is 6th Dec 2019.

Are you the registered keeper of the car that is the subject of the PCN and court claim? Did you own it at the time of the alleged parking incident - even though you were not driving? It looks like you did own it and therefore the claim is against you. The reason for asking is so that it can be determined that the right person has the claim and the right person will defend it. You cannot defend someone else's claim.

NewUser2

Hi Le_Kirk,

yes, I was the owner and registered keeper of the car when the PCN was issued.

Le_Kirk

OK, now you just have to sort out your log-in/password issue and you are good to go.

NewUser2

Hi all,

HNY to you.

qq: I have done AoS on 16/12/2019 so now how many days do I have to submit my defence please?

Thanks