Help For a Neighbour who has County Court Claim for False Parking

KeithP

chaz129 said:

Hi
Thank you for the advice I have been round next door and helped fill in the requirements for a gateway ID and filled in an online claim defence AOS which I believe mentioned 28 days...

Assuming the AoS was filed in October, the Defence filing deadline I gave in my post on 29 September at 2:04PM is correct. 

Le_Kirk

I hope you/he only completed the AOS and did not put anything in the defence box - not even a full stop.

D_P_Dance

Has she complained to her MP yet?

chaz129

Hi
We Have sent a letter to our MP  who by chance has a parking spot in the same car park for his surgery.
The summons was issued on 25th Sept so I understand we had while the 10th October to file a defence which we did in plenty of time hopefully, we did not put anything in the defence just filled the AOS.
Bad news is Sainsbury executive secretary called me and informed me the car park is not belonging to them and she tried to negotiate with VCS and they wouldnt give an inch, after a bit of research it seems to belong to a company called Columbia Threadneedle Limited who are based in London ad may or may not have since sold it to another company.
Not sure what we need to do now though.

Thanks for all the help
Charles

 

chaz129

Hi
Would it help if I took a video of the traffic backed up past the ANPR system which would prove if cars are bumper to bumper it would be impossible to read the number plate.
PS. VCS keep saying in letters about video evidence but there are no links or info to look at this so called evidence.

KeithP

chaz129 said:

The summons was issued on 25th Sept so I understand we had while the 10th October to file a defence which we did in plenty of time hopefully, we did not put anything in the defence just filled the AOS. 

Firstly, in is not a Summons. No-one has been summoned anywhere.


Secondly, why do you think you have until "10th October to file a defence"?
Where did 10th October come from? Nowhere is that mentioned.

In my earlier post I wrote two dates:

...you have until Wednesday 14th October to file an Acknowledgment of Service.

and...

Having filed an AoS, you have until 4pm on Wednesday 28th October 2020 to file your Defence.

You then say you filed a Defence "in plenty of time". What??
Please tell me you have only filed an Acknowledgment of Service at this stage.

chaz129

Hi
Sorry i do not really get all these technical terms I filed an AOS on the grounds of preparing a defence, I am not a young person so these technical things are a bit beyond me, anyway I have done as instructed so now I guess I have to make some defence is all I was trying to say, I have not said anything about a defence in the online reply thing just filed an AOS on the grounds of preparing a defence if I remember rightly, please have a bit of patience with me I am only trying to help someone who does not really understand our system but saying that neither do I it seems.

chaz129

Hi
I followed the newbie guide to acknowledge and enter the AOS that is all I have done and hopefully in plenty of time.

Le_Kirk

chaz129 said:

Hi
Sorry i do not really get all these technical terms I filed an AOS on the grounds of preparing a defence, I am not a young person so these technical things are a bit beyond me, anyway I have done as instructed so now I guess I have to make some defence is all I was trying to say, I have not said anything about a defence in the online reply thing just filed an AOS on the grounds of preparing a defence if I remember rightly, please have a bit of patience with me I am only trying to help someone who does not really understand our system but saying that neither do I it seems.

What do you mean by this bit?  Did you put anything in the defence box on the AoS screen - even a full stop?  If not, then you are fine and you now need to construct a defence for you neighbour.  If you refer back to the NEWBIE sticky you will find some standard defence examples to use.  If the claim form contains a spurious £60 for debt collection or admin costs or initial legal costs, then you can use the defence linked below as an EXAMPLE.  Please alter it to suit the situation of your neighbour.
https://forums.moneysavingexpert.com/discussion/6108153/suggested-template-defence-to-adapt-for-all-parking-charge-cases-where-they-add-false-admin-costs/p1

Half_way

This is a double dip that should never have gone anywhere near a court.
Where is this car park? And who owns it?
If I was in that situation a claim for a breach of GDPR (data protection) would be following against the landowner and the parking company