DCBL certificated bailiffs and high court enforcements

Redx

Post the issue date from the claim form below

You cannot appeal , you are the defendant , so defend , with a defence , start with the coupon mad Defence template

The newbies FAQ sticky thread near the top of the forum tells you how to complete the AOS online , so not by post , you won't be posting anything due to the pandemic

The driver was bound by the contract when they parked , it will be on the signs , so yes a driver gives implied contract consent , it was even in the Beavis case , check it

If I as a driver park in a bay on a side road , that says 1 hour parking , no return within 2 hours , £00 charge for breaking the rules , a breach of the rules , then by parking there I have agreed to the contract

So a driver agrees to the rules when they park the vehicle , on a road , in a car park , anywhere where parking is allowed. Driving be parking is highly regulated with numerous rules and laws

Fruitcake

Follow the guide to court written by bargepole that you will find in the second post of the NEWBIES.

Do not do the AoS too soon. Please tell us the issue date of the claim. One of the regulars should be along to give you some important dates for your calendar based on that information.

The court guide tells you precisely how to send the defence. Do not put anything in the defence box on the MCOL website.

Yes, you did agree to pay within 28 days because that is what the contract (the signs in the car park) will have said. Forget that point.

Use the template defence in the stickies and modify paragraphs 2 and 3, then post them here for checking. We do not need to see the rest of the defence template as we are checking your work not Coupon-mad's.

The claim includes fake add on amounts that are addressed in the template defence thread and the abuse of process/double recovery thread. The real amount they could get if they win a properly defended claim is £175 - £200, but this site has a most excellent win rate against scammers.

KeithP

Fruitcake said:

Please tell us the issue date of the claim. One of the regulars should be along to give you some important dates for your calendar based on that information.

Indeed he will. 

Hazy05

issue date of letter is dated 27th April. No i wouldnt post it as iv read in previous posts not safe to do so. Do i use the email they have given me with the password?. i have read the form about million times and it states if disagree with the claim to tick the box i intend to defend all of this claim. Yes iv read that, and going to use the Defence template. Should I include the fact they said i was going to pay in 28 days i never agreed to this. Thanks
 

Redx

Hazy05 said:

issue date of letter is dated 27th April. No i wouldnt post it as iv read in previous posts not safe to do so. Do i use the email they have given me with the password?. i have read the form about million times and it states if disagree with the claim to tick the box i intend to defend all of this claim. Yes iv read that, and going to use the Defence template. Should I include the fact they said i was going to pay in 28 days i never agreed to this. Thanks
 

Use the MCOL website , login and do the AOS online using the password , so not email , but next Monday , not too early

The driver definitely agreed because the sign says so , a breach of the parking rules means the driver agreed to the charge and to pay within 28 days. Beavis lost in 3 courts due to being a driver in breach of the signs all drivers with a PCN are implicated by their actions , it's a downside to being a driver , easy to breach a rule , a sign says £100 for an overstay , it's a contract

The claim form says the driver agreed , actions have consequences , read this

https://forums.moneysavingexpert.com/discussion/6262940/breach-of-contract#latest

Fruitcake

Hazy05 said:

issue date of letter is dated 27th April. No i wouldnt post it as iv read in previous posts not safe to do so. Do i use the email they have given me with the password?. i have read the form about million times and it states if disagree with the claim to tick the box i intend to defend all of this claim. Yes iv read that, and going to use the Defence template. Should I include the fact they said i was going to pay in 28 days i never agreed to this. Thanks
 

I have already addressed that in my previous post. Forget it. 

KeithP

Hazy05 said:

issue date of letter is dated 27th April.
 

With a Claim Issue Date of 27th April, you have until Monday 17th May to file an Acknowledgment of Service. Do not file an AoS before 1st May, but otherwise, there is nothing to be gained by delaying it. 

To file an AoS, follow the guidance in the Dropbox file linked from the second post in the NEWBIES thread.

Having filed an AoS in a timely manner, you have until 4pm on Tuesday 1st June 2021 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.

To create a Defence, and then file a Defence by email, look again at the second post on the NEWBIES thread - immediately following where you found the Acknowledgment of Service instructions.

Don't miss the deadline for filing an Acknowledgment of Service, nor that for filing a Defence.

KeithP

Hazy05 said:

Should I include the fact they said i was going to pay in 28 days i never agreed to this. Thanks
 

It has already been pointed out to you that the driver did agree to this.

The allegation is that by parking the driver agreed to the terms of the contract.

Those contract terms are the terms on the signs.

Almost certainly there is a term on the signs stating something like "if the driver doesn't park in accordance with the rules then he agrees to pay £nn within 28 days...".

Hazy05

Thankyou, I am really nervous now its come to this point i keep reading and reading just to make sure i get the right template. ok so il forget the 28 day agreement. Cannot believe its nearly 300.00. They have given a breakdown of the costs.

KeithP

Hazy05 said:

Cannot believe its nearly 300.00. They have given a breakdown of the costs.

Even if, in the unlikely event, you lose, a typical 'cost' would be very close to £200.

But that's enough talk about losing...