Recieved a Claim Form from the CCBC

Coupon-mad

Who was getting tickets?  A family member?  

Robgmun

***Removing details until after court hearing***

Coupon-mad

No, I mean was this person a complete stranger trespassing in your space?

Robgmun

Yes, that's correct! We have no connection to him what-so-ever

KeithP

Robgmun said:

KeithP said:

What is the Issue Date on your County Court Claim Form?

What is the name of the private parking company?

Issue Date is 17th Dec
Link Parking Ltd

With a Claim Issue Date of 17th December, you have until Tuesday 5th January 2021 to file an Acknowledgment of Service. If possible, do not file an AoS before 22nd December, but otherwise, 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 Tuesday 19th January 2021 to file your Defence.

That's over four 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 by email, 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.

Robgmun

KeithP said:

Robgmun said:

KeithP said:

What is the Issue Date on your County Court Claim Form?

What is the name of the private parking company?

Issue Date is 17th Dec
Link Parking Ltd

With a Claim Issue Date of 17th December, you have until Tuesday 5th January 2021 to file an Acknowledgment of Service. If possible, do not file an AoS before 22nd December, but otherwise, 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 Tuesday 19th January 2021 to file your Defence.

That's over four 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 by email, 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.

Hi Keith
We intend to post the defence asap and don't want to file an AoS, we're working on the defence and want to send it off as soon as possible so I'm working on it tonight as we want to send it off tomorrow or Tuesday. The template however doesn't seem to be relevant at all unless I'm missing anything. That's why i've created the thread

Robgmun

Coupon-mad said:

Wow, this is almost unique (albeit I have heard of another one or two like it).  You must do a counterclaim!    YOU MUST...PLEASE!    You need compensation for this harassment and abuse of your data.***Removing details until after court hearing***

Coupon-mad

I think the template gives you the structure but I agree it's not relevant really.  None are, but here (attached)  is an example from @bargepole about how to write a concise defence about the facts.  Add to this the counterclaim (suitably adapted) copying from @ellaro9 because the parking firm (NOT BW LEGAL...) are harassing you despite knowing you were not the keeper nor can you even drive a car.  You really should counterclaim because this must be a huge claim and causing you a huge amount of distress.

Just a question, we're thinking of doing this, but what are our chances of winning and how much do you think we should be asking, is this something that needs to be calculated?

If you can slow down a bit and do the AOS and buy yourself more time you will learn those answers. This must be researched better by you if you are to counterclaim.

 @ellaro9's example counterclaim explains why she chose £900 and about the case law - (e.g. Vidal Hall, Ferguson v British Gas) that leads to a sensible view for a claim of a good few hundred, if not more (in that case we chose £900 because that's only £60 in court fees and sits at the bottom rung of the Vento Guidelines, making it easier to point the Judge in the right direction).

Don't rush a defence -  how high a claim is it?  Must be tens of thousands if all 40 PCNs are in the claim.  Might be worth you seeing if bargepole can assist you with this one:

https://smallclaimsadvisor.co.uk/

I have no connection to his firm.  I just think the amount of your claim must be huge - six grand?

KeithP

Robgmun said:

KeithP said:

Robgmun said:

KeithP said:

What is the Issue Date on your County Court Claim Form?

What is the name of the private parking company?

Issue Date is 17th Dec
Link Parking Ltd

With a Claim Issue Date of 17th December, you have until Tuesday 5th January 2021 to file an Acknowledgment of Service. If possible, do not file an AoS before 22nd December, but otherwise, 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 Tuesday 19th January 2021 to file your Defence.

That's over four 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 by email, 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.

Hi Keith
We intend to post the defence asap and don't want to file an AoS, we're working on the defence and want to send it off as soon as possible so I'm working on it tonight as we want to send it off tomorrow or Tuesday.

As you wish. Your choice.

Robgmun

Coupon-mad said:

I think the template gives you the structure but I agree it's not relevant really.  None are, but here (attached)  is an example from @bargepole about how to write a concise defence about the facts.  Add to this the counterclaim (suitably adapted) copying from @ellaro9 because the parking firm (NOT BW LEGAL...) are harassing you despite knowing you were not the keeper nor can you even drive a car.  You really should counterclaim because this must be a huge claim and causing you a huge amount of distress.

Just a question, we're thinking of doing this, but what are our chances of winning and how much do you think we should be asking, is this something that needs to be calculated?

If you can slow down a bit and do the AOS and buy yourself more time you will learn those answers. This must be researched better by you if you are to counterclaim.

 @ellaro9's example counterclaim explains why she chose £900 and about the case law - (e.g. Vidal Hall, Ferguson v British Gas) that leads to a sensible view for a claim of a good few hundred, if not more (in that case we chose £900 because that's only £60 in court fees and sits at the bottom rung of the Vento Guidelines, making it easier to point the Judge in the right direction).

Don't rush a defence -  how high a claim is it?  Must be tens of thousands if all 40 PCNs are in the claim.  Might be worth you seeing if bargepole can assist you with this one:

https://smallclaimsadvisor.co.uk/

I have no connection to his firm.  I just think the amount of your claim must be huge - six grand?

***Removing details until after court hearing***