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Claim Form - County Court Business Centre

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  • yl91
    yl91 Posts: 51 Forumite
    Fourth Anniversary 10 Posts Combo Breaker
    In regards to the defence, would I need to send it via post or can I send it online?
  • D_P_Dance
    D_P_Dance Posts: 11,591 Forumite
    Part of the Furniture 10,000 Posts Name Dropper
    edited 18 September 2020 at 4:33PM
    Unfortunately during the time fine was dated. I actually ...

    It is not a fine.
    You never know how far you can go until you go too far.
  • KeithP
    KeithP Posts: 41,296 Forumite
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    edited 18 September 2020 at 4:44PM
    yl91 said:
    In regards to the defence, would I need to send it via post or can I send it online?
    In my post on your thread on 4 September at 6:18PM (that's a link - click on it) I wrote:
    KeithP said:
    To create a Defence, and then file a Defence by email, look again at the second post on the NEWBIES thread - immediately following where you found the Acknowledgment of Service instructions.
  • yl91
    yl91 Posts: 51 Forumite
    Fourth Anniversary 10 Posts Combo Breaker
    KeithP said:
    yl91 said:
    In regards to the defence, would I need to send it via post or can I send it online?
    In my post on your thread on 4 September at 6:18PM (that's a link - click on it) I wrote:
    KeithP said:
    To create a Defence, and then file a Defence by email, look again at the second post on the NEWBIES thread - immediately following where you found the Acknowledgment of Service instructions.
    Thanks for your reply, I'm struggling to navigate around the forum. Ive seen the paragraph where it says

     "People have said how easy doing their defence now is, using the template and just editing the red bits & attaching the Southampton 6 page Approved Judgment and sending to the CCBCAQ email address given by KeithP in all the other recent claim/defence threads we need you to read first."

    But Im not sure which thread Im looking for? Sorry this is my first time dealing with something like this so its kind of overwhelming especially when I have a newborn baby crying next to me...
  • Le_Kirk
    Le_Kirk Posts: 24,669 Forumite
    Part of the Furniture 10,000 Posts Photogenic Name Dropper
    edited 18 September 2020 at 5:19PM
    yl91 said:
    KeithP said:
    yl91 said:
    In regards to the defence, would I need to send it via post or can I send it online?
    In my post on your thread on 4 September at 6:18PM (that's a link - click on it) I wrote:
    KeithP said:
    To create a Defence, and then file a Defence by email, look again at the second post on the NEWBIES thread - immediately following where you found the Acknowledgment of Service instructions.
    Thanks for your reply, I'm struggling to navigate around the forum. Ive seen the paragraph where it says
     "People have said how easy doing their defence now is, using the template and just editing the red bits & attaching the Southampton 6 page Approved Judgment and sending to the CCBCAQ email address given by KeithP in all the other recent claim/defence threads we need you to read first."
    But Im not sure which thread Im looking for? Sorry this is my first time dealing with something like this so its kind of overwhelming especially when I have a newborn baby crying next to me...
    Did you find the NEWBIE sticky?
    Within that, did you find the second post?
    Within that second post, did you find the instruction about how to create a defence using the Standard Defence Template?
    Did you click on the link above supply by @KeithP?
  • KeithP
    KeithP Posts: 41,296 Forumite
    Part of the Furniture 10,000 Posts Name Dropper
    Well if you were to click on the link that I provided, then scroll down to the only dropbox link in the second post on the NEWBIES thread, immediately following that you will read:
    THEN - UNLESS YOU HAVE A PARKING EYE CLAIM (DIFFERENT) - READ THIS TEMPLATE DEFENCE AND EDIT IT TO SUIT:
    https://forums.moneysavingexpert.com/discussion/6108153/suggested-template-defence-to-adapt-for-all-parking-charge-cases-where-they-add-false-admin-costs/p1

    Click on that link. Read that post.

    Comprehensive guidance in how to file your Defence is there.

  • yl91
    yl91 Posts: 51 Forumite
    Fourth Anniversary 10 Posts Combo Breaker
    KeithP said:
    Well if you were to click on the link that I provided, then scroll down to the only dropbox link in the second post on the NEWBIES thread, immediately following that you will read:
    THEN - UNLESS YOU HAVE A PARKING EYE CLAIM (DIFFERENT) - READ THIS TEMPLATE DEFENCE AND EDIT IT TO SUIT:
    https://forums.moneysavingexpert.com/discussion/6108153/suggested-template-defence-to-adapt-for-all-parking-charge-cases-where-they-add-false-admin-costs/p1

    Click on that link. Read that post.

    Comprehensive guidance in how to file your Defence is there.

    Ahh yes thanks for this, thats perfect.

    Could you assist me on #17 and #18.
    Now, my OH and I share the car. We both park at the carpark, we both also park there when we go to the gym(which gives you 2hr free parking). When I had emailed SCS i had stupidly admitted that I had been driving, although the parking notice was nearly 2 years ago so it couldve been anyone driving as my OH was still working then.
    Can I still use the defence on paragraph #17 thats highlighted in red?

    With paragraph #18 im not sure what to write... Normally we pay for a month parking pass whenever I stay in Birmingham for a few weeks. The past year the company had been paying for annual parking pass for us.

    At the time of the parking notice I mustve just forgot to pay. They'd remove the barriers so now people can just drive in and out, they use cameras for your numberplates now.


    Thanks in advance guys, appreciate your time in replying!
     

  • Coupon-mad
    Coupon-mad Posts: 152,614 Forumite
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    You need to write 17 and 18 yourself. Only you know what sort of car park it was and why you were there!

    No you can't use the #17 stuff about the POFA if you've admitted to driving, so remove that and write about what the Defendant was doing and why they were authorised and not in breach, and what sort of car park it was, etc.  All the facts you can think of but NOT written as ''I did this''. 

    A defence (as you've seen) says 'The Defendant did this...that...'.

    You write it a new #17 and 18 that style, then show us.
    PRIVATE 'PCN'? DON'T PAY BUT DON'T IGNORE IT (except N.Ireland).
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    Home»Motoring»Parking Tickets Fines & Parking - read the NEWBIES THREAD
  • beamerguy said:
    yl91 said:
    D_P_Dance said:

    Nine times out of ten these tickets are scams, so consider complaining to your MP., it can cause the scammer extra costs, and in some cases, cancellation. 

    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 later this year,

    Just as the clampers were finally closed down, so hopefully will many of these companies, persistent offenders denied access to the DVLA database and unable to operate.

    Hopefully life will become impossible for the worst of these scammers, 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/of these Private Parking Companies.



    Is there some sort of template I can follow? I just need a rough idea on what to write to the local MP.

    I've had such a hectic week I've only just had time to sit down and fill in the defence template provided but realised my microsoft word had run out of prescription.. so now I have to wait til I get into work tomorrow to use the computer... silly me..

    Thanks in advance,
    There is no such template for your MP.  It's a personal letter to someone who hopes you will vote for them next time .... bear that in mind.

    SCSLaw are scamming you and there is no such thing as a £160 parking ticket. SCSLaw are faking an extra £60 per ticket.   SCSLaw are not the smartest page in the book, recently they were ravaged by a judge.

    What you can do, is get your MP to write to SCSLaw asking what is their legal authority to add fake £60 to each ticket which is against POFA2012 and the Beavis case and is abuse of the courts own ruling  of Double Recovery. If your MP does not understand let him/her read this
    https://forums.moneysavingexpert.com/discussion/6103933/abuse-of-process-thread-part-2/p1?new=1

    Your MP has a duty to you and substantiate their £70k plus salary
    Sorry to Butt in, but POFA does allow for charges above £100; providing they are detailed on the NTK (see para 4 (5)). Still may not be enforceable though, that would depend on the terms of the contract.
  • Coupon-mad
    Coupon-mad Posts: 152,614 Forumite
    Part of the Furniture 10,000 Posts Name Dropper Photogenic
    edited 19 September 2020 at 12:16AM
    POFA doesn't, and nor do the Codes of Practice.

    You can't pluck a figure out of thin air, nor create a contractual term that has the effect of charging for the same thing twice.


    PRIVATE 'PCN'? DON'T PAY BUT DON'T IGNORE IT (except N.Ireland).
    CLICK at the top or bottom of any page where it says:
    Home»Motoring»Parking Tickets Fines & Parking - read the NEWBIES THREAD
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