County Court Claim Form - but no defence??

Nylamummy

Hello, I am hoping someone could advise, as I have not been in this situation before. I have received a County Court Claim for from DCB Legal Ltd for an alleged parking violation in September 2018, the claim is dated 8th July 2020 from Northampton Court. I did receive some letters previously, but thought it was a scam, as for the sake of 70p to park for an hour in my local car park, I would never risk getting a fine - so ignored them. Late last year, I got a Letter before claim, so I followed guidelines on here and asked for a SAR request - which shows my vehicle entering and leaving the car park, caught on ANPR - they also issued a list of meter transactions, and my vehicle vrm is not listed. I stayed in the car park for 59 mins - which makes me think that I had paid for an hour of parking - however, I have absolutely no proof of this payment at all, and I can't find anything to support this theory, other than the time I was away from the car fitting in with this. Now, I am even questioning if I forgot, but thought I had (if that makes sense, as I would never knowingly not pay such a small amount).  I obviously, don't want a CCJ, and I am so afraid of getting this. They are asking me to pay £254, including court fee's. Has anyone been in a similar situation (no supporting evidence) and used the "abuse of process" defence and won their case? Please help, I have until Monday to place and "Acknowledgement of Service" or should I just bite the bullet and pay (which I can't afford as I am currently on furlough and struggling, so it would have to be on my credit card)?  I would appreciate your thoughts on the best way forward. Many thanks x

Umkomaas

Get that AOS in NOW, don't wait, there's no advantage in waiting once the first 5 days from its issue date have passed. Miss sending it within the first 19 days and you've almost certainly got a CCJ to contend with. 

As the sum they're seeking appears to have been inflated by spurious amounts, there is a ready made defence available to you - you'll find it at the top of the forum thread index, marked as an 'Announcement' in a red rectangle.  There's just a couple of paragraphs you'll need to add about the circumstances of the parking event, but all the rest is written for you.  Please then follow the NEWBIES FAQ sticky, second post, about how to send in the Defence (you do not do it as part of your AOS).

Which parking company issued the parking charge?

Nylamummy

It was DCB Legal for Bank Park Management Ltd. May I ask, does the AOS mean I definitely have to defend it, as I don't have anything to write in the two additional paragraphs mentioned, as my only defence is that "I was away for 59 minutes of a one hour parking stay, which I thought I had bought a ticket for, and have always done in the past, but have no proof or ticket, and the meter/ANPR reading suggests that my vrm was not put through" - if they give me a CCJ, do I have time to pay it after judgement before I receive an actual CCJ?  Sorry, its not something I have had to deal with before....

Nylamummy

Ok, I have just done the AOS online - thank you @Umkomaas .......  

KeithP

Nylamummy said:

May I ask, does the AOS mean I definitely have to defend it...

No it doesn't.

However...

Nylamummy said:

the claim is dated 8th July 2020 from Northampton...

With a Claim Issue Date of 8th July, you have until Monday 27th July to file an Acknowledgment of Service, but there is nothing to be gained by delaying it. 

To file an AoS, follow the guidance in the Dropbox file linked from the second post in the NEWBIES thread.

Having filed an AoS, you have until 4pm on Monday 10th August 2020 to file your Defence.

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

To create a Defence, and then file a Defence, look again at the second post on the NEWBIES thread - immediately following where you found the Acknowledgment of Service instructions.

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

Nylamummy

I have submitted the AOS, many thanks both - I just wish I had a stronger defence..... at the moment I think I only have the "abuse of process" standpoint ...

nosferatu1001

No of course you have more than that!
Stop
Step back
BREATHE
Now, read, carefully slowly and calmly, the newbies thread, second poist, and the template defence. 
You of course have a defence. You state you paid for 1 hour, and staying for 59 min. Thats evidence. Thats a witness statement. 

Nylamummy

Thank you, @nosferatu1001 - I always pay, but since receiving the ANPR camera pictures and the meter readings, and my registration is not on the list of vehicles that have paid for a ticket, I am doubting myself - what if I forgot to pay, got distracted with the kids, thought I had paid and didn't actually go to the machine ...... it was so long ago, I can't remember for sure.... I'm full of self doubt tonight! I will read through all the defences as you suggest, thank you so much for answering. TC x

Redx

Use the template defence , there are only 2 paragraphs to adapt

Nylamummy

Bank Park Management, refused to give me/show me a copy of the agreement they had to manage the land on behalf of the landowner - would that be worth mentioning in my defence? Or would it sound petty? 

Redx

expect it in their WS + Exhibits bundle, which is when you usually see it and is the time to mention your query anyway

ensure you put in your defence that the claimant is put to strict proof of a valid in force landowner agreement