NEED HELP!! COURT ORDER

Macky_1014

i have recently received a claim form from a county court business center which is attached below. basically how this happened is that more than a year ago, he/she had fines from parking in a disabled spot in DMU, he/she have only parked there if on a rush or if he/she had an exam, if you go DMU, you will know how hard finding parking is. i mean it's ridiculous that he/she is paying 9k a year and they can't even provide let alone a car park for students even if we had to pay. the particulars of claim in the form attached below has some errors that caught my eye, i am not sure if it makes any difference, but for example: 
1. he/she have actually got about 5-6 parking fines from the same place, but they have only persuaded 3 of them. i mean why??
2. it says that he/she have parked in the main park as seen on the image, but truthfully, that's wrong. as seen in the other images attached below shows where he/she had his/her fines, and on the left is the "main car park". and he/she would not have been able to get to the main car park even if he/she wanted to because it's closed off by a barrier and a security gatehouse. he/she parked where the cars parked on the right in the image which is outside the main car park.
3. number 4 in the particulars of the claim says that "the driver has not agreed to pay within 28 days" which is false because he/she did not reply or agree to any letters and ignored everything.
i am the keeper of the vehicle, and i might or might not have been driving during the time my car was fined. so am just wondering what's my steps here and what should i do? 
thank you very much in advance  
   

Macky_1014

ampersand

They are not 'fines'.
We understand your panicking, but read the Newbies sections thoroughly and you'll be answering your own questions. 
Just ensure you are meeting dates for acknowledgment, then read more and, only then, work on a defence to put up here for a critique.
Not being harsh, but you need to read the Newbies Section deeply, then again, then direct your efforts to using formal, 3rd person language correctly.
You certainly can't submit anything as written in your post.

D_P_Dance

Please paragraph your post, it makes it  a lot easier to read 

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.

nosferatu1001

Tell us the ISSUE DATE

Macky_1014

D_P_Dance said:

Please paragraph your post, it makes it  a lot easier to read 

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.

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

so the particulars of claim that's mentioned in the letter are:
1. the defendant (D) is indebted to the claimant (C) for a parking charge issued to vehicle XXXXX at de monfort university main car park, de monfort uni car park, de monfort uni car park. 2. the PCN details are 04/12/2018 XXXXXXX, 25/01/2019 XXXXXX, 22/02/2019 XXXXXX. 3. the PCN(s) was issued on private land owned or managed by C. the vehicle was parked in breach of the terms on Cs signs (the contract), thus incurring the PCN(s). 4. the driver agreed tp pay within 28 days but did not. D is liable as the driver or keeper despite requests, the PCN(s) is outstanding. the contract entitles C to damages. AND THE CLAIMANT CLAIMS: 1. £480 being the total of the PCN(s) and damages. 2. interest at a rate of 8% per annum pursuant to s.69 of the country courts Act 1984 from the date hereof at a daily rate of £0.11 until judgment or sooner payment. 3. costs and court fees
are there any other steps that i could do apart from contacting the MP? should i fight the claim first of all or should i email the claimant with the points i made?   

Macky_1014

nosferatu1001 said:

Tell us the ISSUE DATE

so the particulars of claim that's mentioned in the letter are:
1. the defendant (D) is indebted to the claimant (C) for a parking charge issued to vehicle XXXXX at de monfort university main car park, de monfort uni car park, de monfort uni car park. 2. the PCN details are 04/12/2018 XXXXXXX, 25/01/2019 XXXXXX, 22/02/2019 XXXXXX. 3. the PCN(s) was issued on private land owned or managed by C. the vehicle was parked in breach of the terms on Cs signs (the contract), thus incurring the PCN(s). 4. the driver agreed tp pay within 28 days but did not. D is liable as the driver or keeper despite requests, the PCN(s) is outstanding. the contract entitles C to damages. AND THE CLAIMANT CLAIMS: 1. £480 being the total of the PCN(s) and damages. 2. interest at a rate of 8% per annum pursuant to s.69 of the country courts Act 1984 from the date hereof at a daily rate of £0.11 until judgment or sooner payment. 3. costs and court fees
the issue date of the letter is 6th feb 2020, and the issue dates of the "fines" are stated above. am just wondering what's my steps here?

Macky_1014

ampersand said:

They are not 'fines'.
We understand your panicking, but read the Newbies sections thoroughly and you'll be answering your own questions. 
Just ensure you are meeting dates for acknowledgment, then read more and, only then, work on a defence to put up here for a critique.
Not being harsh, but you need to read the Newbies Section deeply, then again, then direct your efforts to using formal, 3rd person language correctly.
You certainly can't submit anything as written in your post.

i am just wondering how should i fight it in the first place before writing up my defense, i have seen in a post on here someone emailing the claimant company and asking them to provide evidence for certain things then later on he went on to fight the actual court claim. so am just wondering if you can give me few points i can make the argument with? 
thank you very much 

KeithP

Macky_1014 said:

nosferatu1001 said:

Tell us the ISSUE DATE

the issue date of the letter is 6th feb 2020,

Letter??

I am going to assume that the Issue Date on your County Court Claim Form is 6th February 2020.
Please confirm that. Clarity in these matters is important.

With a Claim Issue Date of 6th February, you have until Tuesday 25th February to file an Acknowledgement of Service, but there is nothing to be gained by delaying it. To file an AoS, follow the guidance offered in a Dropbox file linked from post #2 of the NEWBIES FAQ sticky thread - https://forums.moneysavingexpert.com/showthread.php?t=4816822 

About ten minutes work - no thinking required.

Having filed an AoS, you have until 4pm on Tuesday 10th March 2020 to file your Defence.

That's 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:

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/showthread.php?t=4816822"]
   
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.

Redx

email a SAR to the DPO at the parking company, ATTACHING A COPY (scan or picture) OF THE CLAIM FORM AS PROOF OF I D UNDER THE GDPR law

you wont be arguing with anyone , plus there is no S in DEFENCE

once the SAR has been completed , ensure you follow the AOS procedure contained in post #2 of the NEWBIES faq sticky thread , by logging into MCOL and doing it online , then start reading other RECENT defences and draft your own defence accordingly

no driver should be parking in a disabled bay unless they qualify under the Equality Act 2010 , no excuses

if you are the RK of the vehicle then unless you have previously named the driver then its your name on the chopping block, an RK can be held liable for what their vehicles do , especially if the PPC followed the law named POFA

the driver formed the unwritten contract in law when they parked the vehicle on private property

KeithP

Macky_1014 said:

3. number 4 in the particulars of the claim says that "the driver has not agreed to pay within 28 days" which is false because he/she did not reply or agree to any letters and ignored everything.   

They make that allegation because the sign said something like "the driver agrees to pay £nn within 28 days if they break the terms agreed".
They can say that because by parking they allege that the driver agreed to those terms.