Claim Form County Court Business Centre for Civil Enforcement LTD

skejhj

I'm about to file my defence and have amended the template. Could you please have a quick look and let me know if that all sound alright? THANKS A LOT!!!!

16.     The Defendant is the main driver of this vehicle and has had knowledge of the parking charge notice (‘PCN’) or letters. It is not accepted that the location included prominent signs giving ‘adequate notice’ of the onerous parking charge. A compliant Notice to Keeper (‘NTK’) was not properly served in strict accordance with section 8 or 9 (as the case may be) of the POFA.
17.     The defendant has used the car park in question on a weekly basis from January 2019 until July 2019, as it is attached to an Adult Education Centre, which the defendant attend. The defendant payed the parking charge on every occasion, via the available machine, apart from the violation date, as the ticket machine was not working and the parking charge could not be submitted. 

Do I print out Apendix C and just attach it? 

Le_Kirk

Did you mean "has had NO knowledge of .........." and "Adult Education Centre, which the defendant attendS"
Not sure I would call it a violation more like an infringement.

nosferatu1001

WHy are you printing anything? Your defence is being sent over email.

Coupon-mad

17.     The Defendant has used the car park in question on a weekly basis from January 2019 until July 2019, as it is attached to an Adult Education Centre, which the Defendant attended. The Defendant payed paid the parking charge on every occasion, via the available machine. apart from the violation date,  However, on the material date this contract was frustrated because the ticket machine was not working and the parking charge could not be submitted, despite the Defendant's best endeavours.  No other method of payment or instructions were seen that could rectify the machine's failure, to allow a consumer to pay, and yet the car park was still open.  To penalise a consumer in these circumstances offends against the CRA Sch2 (the grey list), para 18.



Remove this (below) from the point #16 as you are not defending as registered keeper, you are admitting to driving, reading the above, so whether NtK complied with the POFA (re 'keeper liability') is pretty much not relevant:
A compliant Notice to Keeper (‘NTK’) was not properly served in strict accordance with section 8 or 9 (as the case may be) of the POFA.

Then as others have said, you print and sign the defence then scan it as a PDF (or just add an electronic signature) and email it plus Appendix C (because Appendix A & B are already embedded in the body of the defence - check that they are, as they appear in the example).

skejhj

Coupon-mad said:

17.     The Defendant has used the car park in question on a weekly basis from January 2019 until July 2019, as it is attached to an Adult Education Centre, which the Defendant attended. The Defendant payed paid the parking charge on every occasion, via the available machine. apart from the violation date,  However, on the material date this contract was frustrated because the ticket machine was not working and the parking charge could not be submitted, despite the Defendant's best endeavours.  No other method of payment or instructions were seen that could rectify the machine's failure, to allow a consumer to pay, and yet the car park was still open.  To penalise a consumer in these circumstances offends against the CRA Sch2 (the grey list), para 18.



Remove this (below) from the point #16 as you are not defending as registered keeper, you are admitting to driving, reading the above, so whether NtK complied with the POFA (re 'keeper liability') is pretty much not relevant:
A compliant Notice to Keeper (‘NTK’) was not properly served in strict accordance with section 8 or 9 (as the case may be) of the POFA.

Then as others have said, you print and sign the defence then scan it as a PDF (or just add an electronic signature) and email it plus Appendix C (because Appendix A & B are already embedded in the body of the defence - check that they are, as they appear in the example).

THANKS A LOT!!!!!!! You guys are awesome!!!!! I'll let you know what happens next.

skejhj

Hi all...I have submitted my defence and the court has received it on 16.03.2020. I haven't heard anything since. How long does this take? I tried to ring the court, but was something like number 78, so I gave up.

nosferatu1001

DId you check what MCOL states? Thats the obvious place
Did you read the newbies thread? YOu would know what to expect as the next step, and the timescales. Yo uare far, far beyond these. Could mean a default is on its way to you for failing to respond to a DQ. 

Redx

Can take months , especially due to the pandemic causing delays

Get your DQ done if not done already , emailing it to the CCBC same as the defence

The letter from your nominated court may come in a few months time

The number you rang was not a court , it was the CCBC , no court has been allocated yet

skejhj

nosferatu1001 said:

DId you check what MCOL states? Thats the obvious place
Did you read the newbies thread? YOu would know what to expect as the next step, and the timescales. Yo uare far, far beyond these. Could mean a default is on its way to you for failing to respond to a DQ. 

I check the MCOL and it just says "Defence received". I read the newbies thread ages ago. What do you mean a default is on it's way for failing to respond to a DQ?

Le_Kirk

If you have submitted a defence and it has been sent to the claimant and the claimant has told CCBC that it intends to proceed with the case, CCBC then send out a DQ (N180 form) with a deadline date on it.  If you do not respond by that date , the claimant can claim a win by default.  If MCOL only says defence received, it is possible that DQ's have not yet been sent out.  In order to get a jump on the claimant, you can download your own DQ, fill it in and submit it to the CCBC and the claimant.  Instructions for all of this is in the NEWBIE stick second post.