Parking ticket expired, now i have Court Claim Form.

JimsDay

Hi everybody, recently i have received a claim form from the County Court in regards to a claim for £257 from One Parking Solutions LTD, being represented by QDR Solicitors Limited.

This is in regards to a payment ticket having expired. Now i have been reading the forum for NEWBIES and other post and have not come across a means to defend this claim. Is it possible to defend? i have already acknowledged service and plan to defend all the costs, however i am unaware of how to at the minute. Any advice would be greatly appreciated. 

I will be sending a SAR request, This is currently where I'm at with the Money Claim Online;
A claim was issued against you on 07/02/2020
Your acknowledgment of service was submitted on 18/02/2020.

KeithP

JimsDay said:

This is currently where I'm at with the Money Claim Online;
A claim was issued against you on 07/02/2020
Your acknowledgment of service was submitted on 18/02/2020.

With a Claim Issue Date of 7th February, and having filed an Acknowledgment of Service in a timely manner, you have until 4pm on Wednesday 11th March 2020 to file your Defence.

That's over 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/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.

Redx

There are several or dozens of OPS court case threads on here , read half a dozen , get up to speed. , Read their defences and adapt one of them , preferably any posted in be last 6 months

Because the amount claimed is more than £200 , read the thread by CEC16 , the thread by basher52 , plus the abuse of process thread by beamerguy , reading post #14 by coupon mad

JimsDay

Redx said:

There are several or dozens of OPS court case threads on here , read half a dozen , get up to speed. , Read their defences and adapt one of them , preferably any posted in be last 6 months

Because the amount claimed is more than £200 , read the thread by CEC16 , the thread by basher52 , plus the abuse of process thread by beamerguy , reading post #14 by coupon mad

I have read the thread by CEC16, I may be wrong but i don't see a reasonable defence submitted by them? I understand the case just got thrown out? CEC16 is also quoted in saying "My defence is really only that I know nothing about it"... basher52's thread indicates that they didn't pay to park at all, however the driver on my vehicle had paid but the ticket had expired. 

Coupon mad's post on abuse of process is very appealing for my defence, now just to work out a few points for myself.

Redx

the abuse of process is NOT a defence, it does not address the core term , the parking incident

the abuse of process objects to the additional spurious charges , so if the claimant drops that part of their claim you are left with a defence that must defend the core components of the claim, which is about the parking, not the additional charges

I never said that these defences match your case exactly, its your task to find as close a match as possible and adapt it, so the fact that OPS have issued dozens of court claims over the last 6 to 12 months should mean that you find and adapt one of them, because EVERY SCENARIO has come up previously on here in the last few years

what did you decide having read say ten OPS court claim threads as well as those mentioned above ? (which I have done in the last 6 to 12 months)

alternatively , adapt a bargepole defence

JimsDay

Thank you for outlining that Redx, I will follow your advice and post a good (Hopefully) draft defence within the next few days.

1505grandad

You posted  -  "This is in regards to a payment ticket having expired."

Can you expand on the parking event i.e. type of car park, amount of overstay etc.

JimsDay

1505grandad said:

You posted  -  "This is in regards to a payment ticket having expired."

Can you expand on the parking event i.e. type of car park, amount of overstay etc.

The car park is just a peice of land in Leicester City centre, and it apparently it was an overstay of no more than 15minutes.

JimsDay

GS Car Park Mansfield Street
Mansfield St, Leicester LE1 3DL. 

1505grandad

When was the parking event.

Street View 9/2018 of entrance sign show contravention pcn £125

           then 4/2019 the amount has been obliterated in something red 

JimsDay

29/05/19 is the date given on the claim form