Defending of a county court claim

brokebas12

Hi all!
County court claim situatuon and would appreciate opinions on whether a defence can be contsucted or not.

Claimaint: One Parking Solution Ltd
Legal Rep: DCB Legal

Truth be told the defendant is a student who gained a parking ticket from the place of where they study at their car park, back in the xxth of 2018, received debt collector letters and ignored until county court claim formed arrived (issue date) xx/03/2020. 
The defendant open the letter today as had not been at their home address for past 3 weeks.
Shall the bullet be bitten or is a defence possible.

Amount claimed: 155
Court fee: 25
Legal Rep cost: 50 
Country court claim of 230

Comments appreciated.

brokebas12

NEWBIES post has been read.

brokebas12

1. The Defendant (D) is indebted to the claimant (C) for a parking charge isued to vehicle XXXX at XXXX.
2. The PCN details are xx/10/2018, XXXX
3. The PCN was issued on private land owned or managed by C. The vehicle was parked in breach of the terms on Cs signs (the contract) thus incurring this PCN.
4. The driver agreed to pay in 28 days but did not. D is liable as the driver or keeper. Despite requests, the PCN is outstanding. The contract entitles C to damages. AND THE CLAIMANT CLAIMS
1. £140 being the total of the PCN and damages. 
2. Interest rate of 8% oer annum pursuant t0 s.69 of the County Courts Act 1984 from the hereof at a daily rate of £0.03 until Judgement or sooner payment 
3. Costs and Court fees

KeithP

With a Claim Issue Date of 17th March, you have until Monday 6th April to file an Acknowledgment of Service, but there is nothing to be gained by delaying it. 

To file an AoS, follow the guidance in this post:

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

Having filed an AoS, you have until 4pm on Monday 20th April 2020 to file your Defence.

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

To file a Defence, look again at the link above.

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.

brokebas12

Thank you for quick response.

beamerguy

brokebas12 said:

Hi all!
County court claim situatuon and would appreciate opinions on whether a defence can be contsucted or not.

Claimaint: One Parking Solution Ltd
Legal Rep: DCB Legal

Truth be told the defendant is a student who gained a parking ticket from the place of where they study at their car park, back on 18/10/2018, received debt collector letters and ignored until county court claim formed arrived (issue date) 17/03/2020. 
The defendant open the letter today as had not been at their home address for past 3 weeks.
Shall the bullet be bitten or is a defence possible.

Amount claimed: 155.81
Court fee: 25
Legal Rep cost: 50 
Country court claim of 230.81

Comments appreciated.

DCBL are lying to you, they are adding amounts that are unlawful.  You don't bite bullet with this shower, you get them spanked in court.  How much was the parking ticket for ????

brokebas12

The parking ticket was 50p (yes 50 pence)

Redx

plenty of threads on here about OPS court cases, especially those where coupon mad has interjected , so just read those over the last 4 to 6 months and do what they have done , starting with the template defence she wrote in feb 2020 , then adapt the red text paragraphs

so tha answer to your opening post is YES , a defence can be constructed, especially if based on several previous examples on here

the initial amount claimed should be £100 or less so has been artificially and unlawfully inflated (abuse of process)

brokebas12

The defendant feels uncormfortable for the future after the defence is filed, eg court proceedings.

Could anyone provide what the process is if it does go to court? 

brokebas12

or links to suggest.

Thanks

KeithP

Where exactly did this dastardly deed take place?

You need to be reading the second post on the NEWBIES thread to get a better understanding of the process.

Have you seen this short video?...

www.youtube.com/watch?v=n93eoaxhzpU