Double Dipping

savta

Driver stopped for 5 minutes to purchase some lozenges .Left within minutes as shop was busy and  he had a parcel to pick up elsewhere He has a copy of a signed and dated delivery note which also has a time . Driver returned to Car Park in an effort to make his purchase and left car park soon after .(No restriction any return visit )ANPR recorded 1st entry and 2nd exit Turning into the Car Park from the main road there is no obvious signage There is a notice facing outward to the main road  and several other on the wall further down the Car Park. Driver stopped opposite pharmacy where there are no signs visible .40 minutes" free"Claim is for 20 extra minutes Civil Enforcement Ltd have constantly refused to furnish any information ie Landowner claiming Data Protection
Received Form N1 Claim form claiming £270 after a year of threats and harassment .I did not write anything in my defence , just to say that I will defend the claim against me . I intend to counter claim .Initial demand last February was for £60 .All for a 50 pence pack of lozenges .No smart phone to help with whereabouts 
In our seventies and we are both distressed and in need of urgent advice on how to proceed .A council fine is around £30 . How can these people harass with impunity ?
We are shocked that this can happen in 21st Century Britain

KeithP

What is the Issue Date on your County Court Claim Form?

I'm a bit concerned by this...
I did not write anything in my defence , just to say that I will defend the claim against me . I intend to counter claim.
Have you filed a Defence or not?

Coupon-mad

Received Form N1 Claim form claiming £270 after a year of threats and harassment .I did not write anything in my defence , just to say that I will defend the claim against me .

I hope you mean you just did the AOS, and did not 'start defence'?

BrownTrout

And your counter claim is for what exactly?

savta

Issue date....30th Jan Did not file defence just AOS 
Advice please on where to go from here 
Counter claim for misuse of ANPR  or distress caused by the demands ?
Was hoping that our delivery note would help in this case 

KeithP

savta said:

Issue date....30th Jan Did not file defence just AOS 

I am going to assume you filed an AoS sometime after 4th February. Please confirm. Anything different may affect your Defence filing deadline.
 

With a Claim Issue Date of 30th January, and having filed an Acknowledgment of Service in a timely manner, you have until 4pm on Tuesday 3rd March 2020 to file your Defence.

That's over two 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:

1. Print your Defence.
   
2. Sign it and date it.
   
3. Scan the signed document back in and save it as a pdf.
   
4. Send that pdf as an email attachment to CCBCAQ@Justice.gov.uk
5. 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'.
   
6. 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...
   
   
7. Do not be surprised to receive an early copy of the Claimant's Directions Questionnaire. Nothing of interest there. Just file it.
   
8. Wait for your own Directions Questionnaire from the CCBC, or download one from the internet - https://www.gov.uk/government/publications/form-n180-directions-questionnaire-small-claims-track , and then complete it as described by bargepole in his 'what happens when' post linked from post #2 of the NEWBIES thread - https://forums.moneysavingexpert.com/discussion/4816822/newbies-private-parking-ticket-old-or-new-read-these-faqs-first-thankyou"]
   
9. 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.
   
10. Send a copy of your completed DQ to the Claimant - to their address on your Claim Form.

henrik777

KeithP said:

savta said:

Issue date....30th Jan Did not file defence just AOS 

I am going to assume you filed an AoS sometime after 4th February. Please confirm. Anything different may affect your Defence filing deadline.
 

http://www.justice.gov.uk/courts/procedure-rules/civil/rules/part15#15.4

The period for filing a defence

15.4

(1) The general rule is that the period for filing a defence is –

(a) 14 days after service of the particulars of claim; or

(b) if the defendant files an acknowledgment of service under Part 10, 28 days after service of the particulars of claim.

(Rule 7.4 provides for the particulars of claim to be contained in or served with the claim form or served within 14 days of service of the claim form)

Half_way

You should send the parking company and the land owner a data rectification notice in accordance with GDPR ads demand that they halt any legal proceedings with immediate effect.

There's should be a zero tolerance of double dips, with both the landowner and the parking company on the firing line, landowner first.

D_P_Dance

Any court case around a valid DD is a slam dunk loser imo.   Also they are guilty of overclaiming, read this

forums.moneysavingexpert.com/discussion/6014081/abuse-of-process-district-judge-tells-bwlegal

I weould certainly counter claim for harassment and data breach, this claim should heve beern cancelled immediately.  I would also seek unreasonable behaviour costs.  I doubt they would have a leg to stand on, some previous cases here

https://nortonsafe.search.ask.com/web?chn=29500&cmpgn=nov19&doi=2020-02-08&geo=gb&guid=743cfd45-ec5c-4c5b-a851-fc3642bace5c&locale=en_gb&o=APN12175&p2=%5EET%5Enov19%5E&prt=ngc&trackId=&ver=3.11.0.21&tpr=2&enc=2&q=AX-4A_40x6k4dGfPRkgvLLXDQUjSQ6WZ-FAMx130fExYSze5KtFojkK7PDDVSe44dCjxX1qfpwQ_W4l2YVSGU5Jo_PA5OXhMr3tdsa0avjq75hFYmzlbS4rL5bMs6O7n-5UFDy-BcVO4DpXYN9XzKm_PH27KqoAnjDCB3mptfrKn8_yfL_qyvl2SfAgXgFI2LDI9OVDMIvldLwJ_lLZ0LF0jjLcyNJ972WKcMIaYqdzUPwrk7AZox-B5-49Zx82-STSlzFKeC8NCCrcezT6aLAO7FFlocnRojH-DPBhY-QawOPWs5eCUq-j2D8z_nJ4UTCpKuK4_qsc03lXeGRKFSA&ts=1581768056634.

Nine times out of ten these tickets are scams, so consider complaining to your MP, 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.

http://www.legislation.gov.uk/ukpga/2019/8/contents/enacted

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

savta

 The AOS was received by court on 11/2/20 We were on holiday when claim arrived !
We are really struggling with all the jargon ! Two elderly people ! We thank you for your help but we are not sure about how our defence will stand up ! We may go back to site to take more photos . We really need to bring these guys down !

D_P_Dance

And bring them down you can.  DD cases are the most easy to defend, and, imo a counter claim must suceed.

 In the last year I have personally won one PE ticket at ASDA  and one bus lane ticket, and I am 80 in June.