Received a letter from County Court Business Centre

Redx

I gave you your defence points in my previous post , but add grace periods to it , so read the BPA CoP about them , clause #13 , plus frustration of contract due to slow service onsite

As for the charges , read the abuse of process and threads by CEC16 and basher52 as well , where you will see our stance on those additional charges

Strange how they quoted some of the BPA CoP but fail to include grace periods

Coupon-mad

This is for 16 min overstay in KFC car park. I was driving a company car at the time. The money they claim of me is £255. What are your expert thoughts of this particulates of claim?

Exactly the same as all of the others we see, nothing new.

What would my main defence point be in this situation?

Did you miss that Redx already listed that for you two weeks ago?

Did the particulars arrive separately, are they dated differently?

When (exactly what date) did you acknowledge the claim?

KeithP

chotamaz wrote: »

I received the Particulars of claim couple of days ago.

Having received the PoC, you are of course now free to file an Acknowledgment of Service.

You must file an AoS before 4pm on Wednesday 8th January 2020 - that's tomorrow.

To file an 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.

chotamaz

Thank you all for your replies,

I will do more research and prepare my defence accordingly. I was just hoping KFC customer service will come back with good news, as this is all new to me.

The particulates of claim arrived separately dated 3 January 2020. I did the AoS and send SAR to CEL too. The CCBC claim form was dated 20.12.2019, how long do I have to send my defence?

KeithP

chotamaz wrote: »

The particulates of claim arrived separately dated 3 January 2020. I did the AoS and send SAR to CEL too. The CCBC claim form was dated 20.12.2019, how long do I have to send my defence?

Did you read post #7 above?

As well as stating when and how to file your Defence, it offered guidance on when to file an Acknowledgment of Service.

chotamaz

KeithP wrote: »

Did you read post #7 above?

As well as stating when and how to file your Defence, it offered guidance on when to file an Acknowledgment of Service.

I am just asking because the Particulars of Claim was dated 03.01.2020. I thought maybe will get extra time. Does that mean that the last date is 22.01.2020 to send my defence and the date of the PoC does not change this?

KeithP

The date of the [STRIKE]Particulates[/STRIKE] Particulars of Claim does not alter your Defence filing date because you were served them within the timescale allowed.

As said earlier...

...you have until 4pm on Wednesday 22nd January 2020 to file your Defence.

Having said that, you can if you wish challenge the system and insist that you are allowed twenty-eight days following the serving of the PoCs.
In my earlier post I did point out that the 'automated' MCOL process is flawed in this point, so you will need to get into a dialogue with the CCBC to overcome this.

I magine that you will lose any potential gain in Defence preparation time just by arguing that point.

My suggestion is that you continue to work towards a 22nd January deadline for filing your defence.

chotamaz

Redx wrote: »

I gave you your defence points in my previous post , but add grace periods to it , so read the BPA CoP about them , clause #13 , plus frustration of contract due to slow service onsite

As for the charges , read the abuse of process and threads by CEC16 and basher52 as well , where you will see our stance on those additional charges

Strange how they quoted some of the BPA CoP but fail to include grace periods

correct me if I am wrong, but from what I have been reading in the forum is that abuse of power means that they can not claim more than £100 from the keeper. As I was just the driver of the vehicle does this defence point apply to me?

nosferatu1001

Oh come on. Its CEL. They discontinue easily.


Youre not correct. POFA limits a KEEPERS liability to the amount on the NTK
However if their siigns do not specify the addons, they cannot claim them from *anyone* (CRA2015), and even then it is a little supect due to PE V Beavis (2015)

However
How do they know who the driver is? Was this disclosed? A simple YES or NO answer is ALL you must state. Do not elaborate

if you state NO then EDIT your posts so the drivers identity is not disclosed on this PUBLIC website.

chotamaz

nosferatu1001 wrote: »

Oh come on. Its CEL. They discontinue easily.


Youre not correct. POFA limits a KEEPERS liability to the amount on the NTK
However if their siigns do not specify the addons, they cannot claim them from *anyone* (CRA2015), and even then it is a little supect due to PE V Beavis (2015)

However
How do they know who the driver is? Was this disclosed? A simple YES or NO answer is ALL you must state. Do not elaborate

if you state NO then EDIT your posts so the drivers identity is not disclosed on this PUBLIC website.

as I appealed to them to let them know of the slow service in the drive through I believe the driver was disclosed then?