County Court claim letter

Nathanb

Hi all, 
I have read through most if not all of the newbie help post but still don’t understand what defence to put for my particular letter.

i have done the acknowledgment of service already.

The claim is for £438.80 which is made up of original fines plus extras.

The issue I have is this is the first I’ve heard of it and the first letter I’ve ever received regarding this. At first I thought it was a scam as I’d never heard of county court buisness centre.

The particulars of the claim are as follows.

”the driver of the vehicle with registration **** *** (the vehicle) parked in breach of the terms of parking stipulated on the signage (the ‘contract’) at multi-story car park (I won’t mention the area of the car park), on 24/09/2018, 28/09/2018 thus incuring the parking charges (the ‘PCN’s’). The PCN’s were not paid within 28 days of issue. The claimant claims the unpaid PCN’s from the defendant as the driver/keeper of the vehicle. Despite demands being made, the defendant has failed to settle their outstanding liability. THE CLAIMANT CLAIMS £100 per PCN, £60 per PCN contractual costs pursuant to the contract and PCN terms and conditions, together with the statutory interest of £33.80 pursuant to s69 of the county courts Act 1984 at 8.00% per annum, continuing at £0.07 per day”

I’ve received no letter before claim no initial letter about it and no information as to what part of the contract I have broken. Also how is anybody supposed to remember where they parked 18 months ago?
is this a tactic they use to try scam people out of money I feel like somebody has just knocked on my door and demanded nearly £500. 

I’m going for a mortgage and I’ve read that they can issue me a CCJ I don’t understand how this is even legal.
Can someone help me put a defence together as I really feel like just paying it as I can’t afford the CCJ as that would ruin me ever getting a house it’s causing me so much stress and worry.

Thanks for any help it’s all appreciated.

Coupon-mad

We don't need to help you put a defence together. 

Search the forum for template defence. It is so new it's not yet in the NEWBIES thread.

Then tell us which parking firm, which solicitor (if any) and which car park?

And what is the issue date of the claim?

And, did you omit to update your correct address on your V5C log book when you moved, so they've been writing to an old address maybe?  Because people change their driving licence address and seem to think that's all that's needed...

nosferatu1001

1) date of issue 
2) what date did you do the ack. on?
3) online or using the form?

simple. Same defence as every non Parking eye one. 

4) Tell us car park and ppc. How can we possibly help otherwise.
5) you must have SOME idea. Change of address? Get out v5 and check when the DVLA updated it 

Redx

name the parking company involved

post the issue date from the form

emaila SAR to the DPO at the PPC involved , attaching a copy of the claim form

the template has already been written for you , the recent one by coupon mad , find it and adapt it

if the PPC win in court , pay up IN FULL (as Martin says) within 30 days to squash the CCJ at source , no effect on any mortgage or credit rating , learn the basics , not the fake news

beamerguy

 THE CLAIMANT CLAIMS £100 per PCN, £60 per PCN contractual costs pursuant to the contract and PCN terms and conditions, together with the statutory interest of £33.80 pursuant to s69 of the county courts Act 1984 at 8.00% per annum, continuing at £0.07 per day”

Who is the parking company and who is the legal.   It is the legal who is scamming ou

ABUSE OF PROCESS
https://forums.moneysavingexpert.com/discussion/6014081/abuse-of-process-district-judge-tells-bwlegal/p1?new=1

ABUSE OF PROCESS PART 2
https://forums.moneysavingexpert.com/discussion/6103933/abuse-of-process-thread-part-2/p1?new=1

THE CCJ MYTH
https://forums.moneysavingexpert.com/discussion/5849106/the-ccj-myth-and-threats-and-lies-told-by-debt-collectors-and-ppcs-exposed/p1

D_P_Dance

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, when life gets back to normal, it will become impossible for those scammers who are left to continue their vile trade, 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.

Nathanb

date of issue is 09/03/2020

the car park is multi-storey car park, union street, accrington.
claimant is 
ES PARKING ENFORCEMENT LTD
CITY HOUSE
131 FRIARGATE
PRESTON
PR1 2EF

SOLICITORS ARE
GLADSTONES SOLICITORS LIMITED
THE TERRANCE, HIGH LEIGH PARK
WARRINGTON ROAD,HIGH LEIGH
WA16 6AA
Acknowledgement of service was submitted 14/03/20 and received on 16/03/20
to answer the other question of failure to change my address. I have never moved from my current address but yet received no paperwork regarding this hence why my initial response was to just shred the paperwork as i thought it was a scam.

So i have 28 days from AOS for my defense which gives me till the 11/04/20 is that correct?

ill have a look for template defense and see what i can do. Honestly any help is greatly appreciated as i have been really stressed with everything that has been going on lately and i have completely forgot about this. Just doesn't seem right that i can get this letter without any warning or court summons.
On some forums i have seen it says to explain what happened that day for the charges etc but i have no idea it was 18 months ago and i cant even remember going to the multi-storey cark park in question on the dates stated. Thats why i am struggling to find a defense that fits the situation that i am in to alter and send off

thanks for everything 

KeithP

Nathanb said:

date of issue is 09/03/2020

Acknowledgement of service was submitted 14/03/20 and received on 16/03/20.
So i have 28 days from AOS for my defense which gives me till the 11/04/20 is that correct?

No, that is not correct.

With a Claim Issue Date of 9th March, and having filed an Acknowledgment of Service in a timely manner, you have until 4pm on Tuesday 14th April 2020 to file your Defence.

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

To file 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 a Defence.

Redx

no its not correct to say that, its not 28 days from the date of the AOS, never has been unless the AOS is done on a certain specific day

find and use the feb 2020 template defence by coupon mad, why do you think she wrote it and we point people at it

adapt it by altering her words in red text to suit, the rest is normally left unchanged apart from parking company , location , dates etc

she has done most of the work so you dont have to , plus its been 9 days since I asked those questions !!! get a grip and dont leave things until the last minute

Nathanb

5.Claims pleaded on this basis by multiple parking firms have routinely been struck outab initioin various County Court areas in England and Wales since 2019. Recentexamples are appended to this defence; a February 2020 Order from District JudgeFay Wright, sitting at Skipton County Court(Appendix A)and a similar Order fromDeputy District Judge Josephs, sitting at Warwick County Court(Appendix .

appendix a and b are in red lettering and therefore should be edited but i dont know what to? im guessing im including them at the end of my defense but why do they need editing and what to.
thanks

Redx

read other recent 2020 court case threads to see how they have adapted and changed the red text paragraphs, to see if that helps you to change your own, there are always examples of everything on here, but also people who dont bother reading other cases and learning from them, or want a quick fix for little effort

you said you did not know what defence to use, my point is that 95% of your defence was written 6 weeks or so ago, requiring not a lot from you to finish it off for your own case