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County Court Letter – Defence against Gladstones (UKCPM)

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Comments

  • zeljko
    zeljko Posts: 109 Forumite
    Eighth Anniversary 100 Posts Name Dropper Combo Breaker
    If not yet filed:-

    "However, this Claimant is claiming a global sum of £160.18."?
    In my claim form:
    Amount claimed: 176.18
    Court Fee: 25.00
    Legal representative's costs: 50.00
    Total amount: 251.18

    From "Particulars of claim":
    THE CLAIMANT CLAIMS  £100 for PCN,  £60 contractual coasts pursuant to the Contract and PCN terms and conditions, together with statutory interest of  £16.18 pursuant to s69 of the County Court Act 1984 at 8% per annum, continuing at  £0.04 per day.
    This is how we come to global sum of £160.18. 
  • Umkomaas
    Umkomaas Posts: 43,630 Forumite
    Part of the Furniture 10,000 Posts Name Dropper Photogenic
    zeljko said:
    If not yet filed:-

    "However, this Claimant is claiming a global sum of £160.18."?
    In my claim form:
    Amount claimed: 176.18
    Court Fee: 25.00
    Legal representative's costs: 50.00
    Total amount: 251.18

    From "Particulars of claim":
    THE CLAIMANT CLAIMS  £100 for PCN,  £60 contractual coasts pursuant to the Contract and PCN terms and conditions, together with statutory interest of  £16.18 pursuant to s69 of the County Court Act 1984 at 8% per annum, continuing at  £0.04 per day.
    This is how we come to global sum of £160.18. 
    Well if you add that lot up it comes to £176.18 (100+60+16.18). 

    The daily interest is fixed and allowable in court, it's the £100 and £60 that are to be questioned. So the 'global sum' (I'm not sure I like that descriptor as it seems to be causing confusion) is £160. 
    Please note, we are not a legal advice forum. I personally don't get involved in critiquing court case Defences/Witness Statements, so unable to help on that front. Please don't ask. .

    I provide only my personal opinion, it is not a legal opinion, it is simply a personal one. I am not a lawyer.

    Give a man a fish, and you feed him for a day; show him how to catch fish, and you feed him for a lifetime.

    Private Parking Firms - Killing the High Street
  • beamerguy
    beamerguy Posts: 17,587 Forumite
    Part of the Furniture 10,000 Posts Photogenic Name Dropper
    From "Particulars of claim":
    THE CLAIMANT CLAIMS  £100 for PCN,  £60 contractual coasts pursuant to the Contract and PCN terms and conditions, together with statutory interest of  £16.18 pursuant to s69 of the County Court Act 1984 at 8% per annum, continuing at  £0.04 per day.
    This is how we come to global sum of £160.18. 

    Gladstones are really living in a fabrication ........ who invented the "contractual" charge ,,,,, it was not the POFA2012, it was not the Supreme court.  There is some sort of thickness and denial at Gladstones and memory loss 

    A MEMORY JOGGER FOR GLADSTONES
    Gladstones told by Judge .... added £60 NOT LAWFUL
    https://forums.moneysavingexpert.com/discussion/comment/76692888#Comment_76692888"nofollow" href="https://forums.moneysavingexpert.com/discussion/comment/76756261#Comment_76756261" title="Link: https://forums.moneysavingexpert.com/discussion/comment/76756261#Comment_76756261">https://forums.moneysavingexpert.com/discussion/comment/76756261#Comment_76756261

    I wonder what the stupid Gladstones think they know that the courts don't.  They may care to explain to your judge
  • zeljko
    zeljko Posts: 109 Forumite
    Eighth Anniversary 100 Posts Name Dropper Combo Breaker
    Umkomaas said:
    zeljko said:
    If not yet filed:-

    "However, this Claimant is claiming a global sum of £160.18."?
    In my claim form:
    Amount claimed: 176.18
    Court Fee: 25.00
    Legal representative's costs: 50.00
    Total amount: 251.18

    From "Particulars of claim":
    THE CLAIMANT CLAIMS  £100 for PCN,  £60 contractual coasts pursuant to the Contract and PCN terms and conditions, together with statutory interest of  £16.18 pursuant to s69 of the County Court Act 1984 at 8% per annum, continuing at  £0.04 per day.
    This is how we come to global sum of £160.18. 
    Well if you add that lot up it comes to £176.18 (100+60+16.18). 

    The daily interest is fixed and allowable in court, it's the £100 and £60 that are to be questioned. So the 'global sum' (I'm not sure I like that descriptor as it seems to be causing confusion) is £160. 
    OK, I will put global sum £160, same suggestion was from "Le_Kirk".


  • 1505grandad
    1505grandad Posts: 3,931 Forumite
    Part of the Furniture 1,000 Posts Name Dropper
    I was really hoping that the OP had read the instructions in the thread by C-m where the first post gives instructions, part of which I copied in a previous post as follows:-

    "As per the thread by C-m:-

    "Start a new discussion about your own case if you haven't already and show us your draft defence based on this one, if the PPC has included in the Particulars of Claim on the left of the Claim Form, that they have added 'contractual costs' or damages - usually £60 or £70 - that takes the alleged 'debt' over £100."

    Without the benefit of the claim form I thought there was only a small amount of interest - so the global amount is as already stated above £160."
  • zeljko
    zeljko Posts: 109 Forumite
    Eighth Anniversary 100 Posts Name Dropper Combo Breaker
    Hi,
    Defence submitted to "CCBCAQ@Justice.gov.uk" on 06/04/20 23:10.
    When i should expect to see on MCOL that "defence received"? How long to wait before start chase with CCBC?
  • Le_Kirk
    Le_Kirk Posts: 24,862 Forumite
    Part of the Furniture 10,000 Posts Photogenic Name Dropper
    zeljko said:
    Defence submitted to "CCBCAQ@Justice.gov.uk" on 06/04/20 23:10.
    When i should expect to see on MCOL that "defence received"? How long to wait before start chase with CCBC?
    Under normal circumstances a couple of days but we know that CCBC has had a shortage of staff for a couple of days last week and are probably working through a backlog.  Did you receive an automated reply acknowledgement when you e-mailed your defence?  You have a copy of the e-mail in your SENT folder?
  • zeljko
    zeljko Posts: 109 Forumite
    Eighth Anniversary 100 Posts Name Dropper Combo Breaker
    Le_Kirk said:
    zeljko said:
    Defence submitted to "CCBCAQ@Justice.gov.uk" on 06/04/20 23:10.
    When i should expect to see on MCOL that "defence received"? How long to wait before start chase with CCBC?
    Under normal circumstances a couple of days but we know that CCBC has had a shortage of staff for a couple of days last week and are probably working through a backlog.  Did you receive an automated reply acknowledgement when you e-mailed your defence?  You have a copy of the e-mail in your SENT folder?


    Hi,

    Yes, 10min after submitting defence I got respond:


    COVID- 19 Update;

    Due to COVID-19, we may take longer to answer your calls and correspondence and to process claims. We are sorry but, to prioritise urgent work, we cannot provide updates on how your case is progressing.

    The County Court Business Centre are currently working a 50/50 split of available staff resource, a week on, week off system to safeguard our team and to comply with social distancing, in our commitment to delivering an ongoing service to our customers. 

    If you should have any queries please forward to CCBC@JUSTICE.GOV.UK

    Thank you for emailing the County Court Business Centre, please accept this as a receipt of your email.  Where a response is required we will endeavour to respond to your email within 10 working days (please do not re-send duplicate messages)

     If you’ve submitted a complaint, please note that the Court will aim to reply within 10 working days. (please do not duplicate complaints) 

    The County Court Business Centre is a separate entity to Northampton Combined Court and therefore only deal with CCBC and Traffic Enforcement queries.   We do not deal with Family, Probate or Bankruptcy matters.  

    Guidance is accessible online 24 hours a day at

    http://www.hmcourts-service.gov.uk/onlineservices2/important_info/claim_criteria.htm 

    Court staff are not legally trained.  If your query is in relation to whether you have a valid claim, we will be unable to comment on this matter.  You may wish to seek professional legal advice from a Solicitor, Legal Executive or Citizens Advice Bureau. 

    Please note that attachments must be sent in a format supported by the software used by the specified court to which it is sent.  These formats are listed on Her Majesty’s Courts and Tribunals Service website.  Attachments sent to a specified court in a format not listed will be treated as not having been received by the court.

    The time of receipt of a transmission will be recorded electronically on the transmission as it is received.

    If a transmission is received after 4pm any document attached to the transmission will be treated as filed on the next day the court office is open.

    If you are having problems completing an electronic form please visit the below link, it contains useful information about using Adobe which may be of assistance: https://acrobat.adobe.com/uk/en/products/about-adobe-pdf.html

    To view an up-to-date list of our current processing and response times please visit www.gov.uk/guidance/hmcts-civil-business-centres-performance-information. 

    The office is closed on all bank holidays.

    This message is automatically generated; please do not reply to this message.

    Thank you.

  • zeljko
    zeljko Posts: 109 Forumite
    Eighth Anniversary 100 Posts Name Dropper Combo Breaker
    Hi,
    Just got this now:


  • zeljko
    zeljko Posts: 109 Forumite
    Eighth Anniversary 100 Posts Name Dropper Combo Breaker
    Look like court working normally in Northampton, just got this by post:

    7th April 2020

    Our reference      XXXX  Your reference

    UK CAR PARK MANAGEMENT LIMITED -v- MR XXXXXXXXX

    I acknowledge receipt of your defence. A copy is being served on the claimant (or the claimant's solicitor). The claimant may contact you direct to attempt to resolve any dispute. If the dispute cannot be resolved informally, the claimant will inform the court that he wishes to proceed. The court will then inform you of what will happen.


    Where he wishes to proceed, the claimant must contact the court within 28 days after receiving a copy of your defence. After that period has elapsed, the claim will be stayed. The only action -the claimant can then take will be to apply to a judge for an order lifting the stay.

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