CCBC what do I do?

nosferatu1001

It wil not give yo a deadline, because the paperwork already told you what your dealdine would be. 28 days from date of service. So, work out the date that is, and you make sure it is filed by that date - as an email to the court. You will not get ANY reminders. Miss this deadline, and you are out of luck.

Youre making the fatal mistake of assuming that, despite your case being far from unique, your issues somehow make it so that none of the defence arguments can be used. Bluntly, you need to realise that your situaiton differs mildly, and the common areas - around leaseholders trights, signage, and so on - are the same as everyone elses cases.

Pick out what is common to your case from the existing ones.
Then you add in that the claimant failed in their car park management duties, as a vehicle was parked in your space and they had not prevernted this from occurring, nor, once it occurred, from doing anything about it. You gained absolutely nothing from this, as your space was parked in anyway, but the parking company will have charged THEM AND YOU money for the privilege of them failing to do anything!

KeithP

WOODCHOP wrote: »

Sorry the issue date is the 6th of January 2020

With a Claim Issue Date of 6th January, and having filed an Acknowledgment of Service in a timely manner, you have until 4pm on Monday 10th February 2020 to file your Defence.

That's nearly 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.

Having filed 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.
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.

Coupon-mad

I have also spoken to Hyde housing who own the land and use PCM for their car parks and they have requested I send them the evidence I have, should I do this?

Yes, you should have done that immediately the PCN arrived. Hyde can order it cancelled and this is PCM saying on Watchdog, where firms of their ilk were outed as rogue traders: ''I make it up most of the time'':

http://parking-prankster.blogspot.com/2016/01/is-independent-appeal-service-kangaroo.html

So now the defence, what should I do next?

Search the forum for:

residential defence

or

Jopson defence


or

tenant defence

..and use one of the HUNDREDS like yours, as your base, and add in the stuff I mentioned about this being discrimination under the Equality Act 2010 and the event was not 'parking' but 'assisted alighting' of a disabled child who had to be safely carried indoors.

I have read countless examples of cases, but as stated before they do not relate to my circumstances. None comment about another vehicle being parked in their allocated bay,

Really? I can recall LOADS and anyway who cares, that tiny detail is almost irrelevant and can be added by you just adding one line to the basic residential defence examples.

There are LOADS with similarities to your case, I just searched and in 5 mins I found:

https://forums.moneysavingexpert.com/discussion/comment/74756604#Comment_74756604

This is so much easier than you think. All you need to do is search the forum for a couple of keywords (NOT a sentence) and change the advanced forum search to show results as posts - and copy & adapt one.

And you didn't answer my first two questions yet:

OK, are you up for a counter claim under the Equality Act, as well as a defence?

That costs just £25 in a court fee at this stage, to counter claim, and in your case what you were doing was not parking. Up to you but please think about it. you could claim for say, £500 and we can help you explain the legal issues and the discrimination here.

Do PCM know any of this yet?*

* about the driver carrying a disabled child indoors, I mean, did you appeal & say so?

WOODCHOP

Follow up to my initial thread I have received my SAR much earlier than I expected. I am still in the process of compiling my defence but keep coming across conflicting information which makes me doubt what I’m doing.

I’ve read the do and don’t by Bargepole which reading alot of post people have done the opposite.

I have some questions if someone wouldn’t mind assisting me?

Circumstances above are based on a ticket being issued as parked outside of bay on private land due another vehicle blocking the one associated with the lease.

1)Do the parking firm or land owner have any obligation to prevent this from happening In the first place i.e a gated entrance via key fob or a parking bay post as they did not do anything to prevent their supposed breach?


2)My appeal was ignored and not even acknowledged by parking company as shown in the SAR – which if I’m correct put them in breach Codes of practice?

3)I never received a letter from solicitors just straight to CCBC should I refer to this in defence?

4)In my first appeal I referred to I did this and that for the above reasons so sure arguing driver liability is pointless correct?

5)When referring to certain case law for example Homeguard VS Jopson which seems the most relevant to my case, am I supposed to attach the entire judgement to my defence or take an extract and if so what extract should I be taking?!

6)spoke to land owner and presented proof of residence and permit and in their words either pay or defend and no offer to cancel the ticket is this worth mentioning?

7)I am yet to receive a copy of the lease and contract between land owner and PCM. Do I still use primacy of contract without this?

8)PCM are not members of BPA but are with IPC what’s the difference?

Sorry for naivety but I’ve been reading every day every evening, unable to sleep at night, as unable decide what I should be adding or not with time running out. At this stage I do not wish to make a counter a claim as this has already consumed every thought of mine since arrival through my door so do not wish to add further stress, I just want to be able to focus on the children and right now I'm not due to these blood suckers. I did not discuss my children In my original appeal as I didn't see that escorting children to the property was considered as unloading. Just mentioned about not being able to park in the leased bay and having to carry belongings. I have document proof for disability but am still waiting on the local authority to issue me with the badge so seems a pointless argument to use in my defence.