County Court Business Centre query

davemdavid

Redx said:

no problem in you posting , just ensure you understand the basics first

if she wishes to fight this , people here will help her , a typical loss in court is £200 or less , the added fees are against the CRA 2015 etc , known on here as an abuse of process

Just reading through looks like Option A is out..

davemdavid

Actually: Is Plan A not an option for me/her? 

davemdavid

Sorry to repeat but can you confirm if it is too late to complain? (Plan A). Then I can move on...

KeithP

Plan A? I'm no going to bother finding out what that is, but just to say your gf has a County Court Claim to Defend and nothing will stop that progressing other than paying what they now demand.

By far the best option is for your gf to Defend the Claim.

With a Claim Issue Date of 17th March, the named Defendant has until Monday 6th April to file an Acknowledgment of Service. If possible, do not file an AoS before 21st March, but otherwise there is nothing to be gained by delaying it. 

Having filed an AoS, the named Defendant has until 4pm on Monday 20th April 2020 to file a Defence.

That's over a month away. Plenty of time to produce a Defence, but please don't leave it to the last minute.

To file both an AoS and a Defence, follow the guidance in this post:

https://forums.moneysavingexpert.com/discussion/comment/76880595#Comment_76880595

Guidance on creating a Defence is also in that thread - in the first post on that thread.

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

davemdavid

KeithP said:

Plan A? I'm no going to bother finding out what that is, but just to say your gf has a County Court Claim to Defend and nothing will stop that progressing other than paying what they now demand.

By far the best option is for your gf to Defend the Claim.

With a Claim Issue Date of 17th March, the named Defendant has until Monday 6th April to file an Acknowledgment of Service. If possible, do not file an AoS before 21st March, but otherwise there is nothing to be gained by delaying it. 

Having filed an AoS, the named Defendant has until 4pm on Monday 20th April 2020 to file a Defence.

That's over a month away. Plenty of time to produce a Defence, but please don't leave it to the last minute.

To file both an AoS and a Defence, follow the guidance in this post:

https://forums.moneysavingexpert.com/discussion/comment/76880595#Comment_76880595

Guidance on creating a Defence is also in that thread - in the first post on that thread.

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

This is great thanks. 

On point 16 .................

**Include this template point as your #16**

(ONLY IF TRUE FOR YOUR CASE !  IF NOT, THEN CHANGE IT!)

1.     The Defendant is not the main/only driver of this vehicle and has no knowledge of any parking charge notice (‘PCN’) or letters. It is not established thus far, whether the car was parked, or just stopped momentarily and caught by predatory ticketing.  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.

I'm not sure what to include here: we (me and my gf) are both registered; she did know about the PCN (as I told her); not sure if a NTK was served...

Please advise - I'm getting there though 

davemdavid

KeithP said:

Plan A? I'm no going to bother finding out what that is, but just to say your gf has a County Court Claim to Defend and nothing will stop that progressing other than paying what they now demand.

By far the best option is for your gf to Defend the Claim.

With a Claim Issue Date of 17th March, the named Defendant has until Monday 6th April to file an Acknowledgment of Service. If possible, do not file an AoS before 21st March, but otherwise there is nothing to be gained by delaying it. 

Having filed an AoS, the named Defendant has until 4pm on Monday 20th April 2020 to file a Defence.

That's over a month away. Plenty of time to produce a Defence, but please don't leave it to the last minute.

To file both an AoS and a Defence, follow the guidance in this post:

https://forums.moneysavingexpert.com/discussion/comment/76880595#Comment_76880595

Guidance on creating a Defence is also in that thread - in the first post on that thread.

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

OK attached is the doc - Am I on the right tracks (see point 16/17)

davemdavid

davemdavid said:

KeithP said:

Plan A? I'm no going to bother finding out what that is, but just to say your gf has a County Court Claim to Defend and nothing will stop that progressing other than paying what they now demand.

By far the best option is for your gf to Defend the Claim.

With a Claim Issue Date of 17th March, the named Defendant has until Monday 6th April to file an Acknowledgment of Service. If possible, do not file an AoS before 21st March, but otherwise there is nothing to be gained by delaying it. 

Having filed an AoS, the named Defendant has until 4pm on Monday 20th April 2020 to file a Defence.

That's over a month away. Plenty of time to produce a Defence, but please don't leave it to the last minute.

To file both an AoS and a Defence, follow the guidance in this post:

https://forums.moneysavingexpert.com/discussion/comment/76880595#Comment_76880595

Guidance on creating a Defence is also in that thread - in the first post on that thread.

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

OK attached is the doc - Am I on the right tracks (see point 16/17)

Does my gf need to create a gateway account or can I use my own and file under her name - I suspect the former... 

KeithP

Everything - absolutely everything - must be done in the name of the named Defendant.
Please follow the guidance I directed you towards. It even goes through creating a gateway account.

You will of course remember (you surely must as you have quoted it three times now) that I wrote earlier:

If possible, do not file an AoS before 21st March...

davemdavid

KeithP said:

Everything - absolutely everything - must be done in the name of the named Defendant.
Please follow the guidance I directed you towards. It even goes through creating a gateway account.

You will of course remember (you surely must as you have quoted it three times now) that I wrote earlier:

If possible, do not file an AoS before 21st March...

Sugar I've just submitted the AoS. Can I retract?!

KeithP

I'm wasting my time here.

That post of mine you have quoted three times is now wrong.

Your Defence filing target date is now 4pm on Wednesday 15th April.

You have just removed five days from those available to produce a Defence.

Stop rushing.