ccbc claim form,i've ticked the intend to contest juristiction thinking it meant the court area

Triumphant

Hi guys

newbie here
i've borrowed a laptop as trying to navigate the forum on my phone was almost impossible
i saw a post earlier today from someone in pretty much the same position as myself
they also have dyslexia and suffer with mental health issues
this whole situation has drained me and become all consuming
any help would be greatly appreciated

CEL have hounded me for a year, i tried the apeal process and poplar to no avail.
As the title states a claim form has arrived issue date Dec 20/12/19 i did the AOS online disputing the whole claim on the 03/01/20 i misunderstood the wording and ticked the intent to contest jurisdiction thinking it refered to the court i would have to attend at

i'm seriously struggling to digest all the info, im a one finger typist its took me over an hour to word this message, I haven't a clue how to put a defence letter together or when to submit it
cheers in advance guys

Redx

KeithP will probably post the details you require on target dates

just proceed as normal as if you had not ticked the jurisdiction box and file as normal by email before the target date

the NEWBIES sticky thread post #2 helps you with over a dozen example defences

draft your own based on one of those or of a recent close match CEL defence, plenty to choose from in the last 12 months

email a SAR to the DPO at CEL and attach a copy of the claim form as proof of I D under the GDRP law


DO NOT USE A PHONE FOR THIS, A LAPTOP IS IDEAL

Triumphant

many thanks redx

KeithP

Redx wrote: »

KeithP will probably post the details you require on target dates.

Indeed he will.

Paule1969 wrote: »

As the title states a claim form has arrived issue date Dec 20/12/19. I did the AOS online disputing the whole claim on the 03/01/20.

With a Claim Issue Date of 20th December, and having filed an Acknowledgment of Service in a timely manner, you have until 4pm on Wednesday 22nd January 2020 to file your Defence.

That's nearly three 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.
   
6. Do not be surprised to receive an early copy of the Claimant's Directions Questionnaire, they are trying to keep you under pressure. Just file it.
   
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.

Paule1969 wrote: »

I misunderstood the wording and ticked the intent to contest jurisdiction thinking it referred to the court i would have to attend at.

That doesn't matter. You must not pay the fee to contest jurisdiction and then that will sort itself out.

Half_way

While you should be concentrating on the defence, its not too late to drag the landowner into this.
In who's car park ( and/or car park location) did the vehcile get a parking charge notice?
Why did the vehicle get a parking charge notice?

Triumphant

cheers kiethp

Triumphant

HI half-way

I complained to the medical centre manager at the time
and was told nothing could be done
The PCN was issued at my local medical centre
poor sinage and no machine to input VRN

waamo

Try asking the medical centre who their landlord is. The practice manager should know. It's most likely the landlord has the power to cancel.

Triumphant

Hi waamo

waamo wrote: »

Try asking the medical centre who their landlord is. The practice manager should know. It's most likely the landlord has the power to cancel.

would the landlord have the power to do that at this stage if at all ?
i was told by the manager once i had appealed the PCN to CEL the ball was rolling
end of !

Redx

Paule1969 wrote: »

Hi waamo
would the landlord have the power to do that at this stage if at all ?
i was told by the manager once i had appealed the PCN to CEL the ball was rolling
end of !

they are jointly and severally liable along with their contractors including CEL

read these guidelines and ask why the practice is not following them ?

https://www.gov.uk/government/publications/nhs-patient-visitor-and-staff-car-parking-principles/nhs-patient-visitor-and-staff-car-parking-principles

they are responsible if they failed to point out any signing in instructions etc, if its their car park, they cannot just wash their hands of their legal responsibilities

ask them who is responsible for going to court if you issue a counter claim and what dates that person is not available

I doubtr that what they said had any legal backing, just a fob off


complain to your MP too, get them to write to the medical centre


are you covered by the EA 2010 ?

waamo

Wot Red said! The person that employs the ppc can cancel at any point. They are the boss. The ppc is an employee. Imagine you took someone to court for your company. Your boss storms in and tells you to stop. Would you say no?