Court date issued on private land

bubble2424

Hi there, new here so bare with me. Last year I overstayed on private land by 12minutes according to them, i paid for the first hour, I got a £100 "fine" 2 weeks after, this should've been 60 but I never got a letter saying to pay by 14days (tho I expect in court they will say they sent one). Now I have a letter from bw legal and county court business centre. It says to acknowledge service, i read the thread for newbies, and I emailed bw legal and I asked pps for a sar, but it's not clear how to ask for more time from the court without having to put in evidence at the same time which I dont have yet, is there a way to ask for more time without putting in evidence first?The extra 12mins should have cost a pound. But total bill is 100 plus 11 inflation, 25 court cost, 50 for their lawyer at bw legal so £246. Sent to me 14 December so last week.
The other thing is they did send me photos of my car entering and leaving the private land which I no longer have (it's a beach and it's not clear u pay from when u enter only that u pay when u park,not to drive on the land, but the photo gets taken when u leave)but no photo of me actually parked, do I have a defense here as no proof I actually parked? I did pay the first hour, but it takes 5mins to get from one area of parking to exit and more if your waiting on other cars. I'm not sure that I actually overstayed the 1hr parking, but we often stop outside the cafe on the way out to grab an ice cream, which is before the beach exit, which could've meant a few mins extra. I got the ticket in may last year, it had been taken over by pps in April, so there were a very little number of signs, now they have lots of signs. I'm a bit worried about all this, never been to court before, all help greatly recieved. Thank you.

Redx

Do you have an n1 claim pack from the CCBC in Northampton ?

If yes , what is the date on the top right of the claim form ?

No evidence is submitted with the defence , it goes to your nominated court in several months time , So plenty of time to obtain it , months in fact

Which Parking company ?? Exact name and which town or city are they in ?

Le_Kirk

If you have read the NEWBIE sticky it is quite clear (via a link) how to "claim the extra time" by submitting an AoS.  Do that and you will then have a couple of weeks or more to submit your defence and, as @Redx states, you submit you evidence later.  What is the date of issue of your claim form?  If you post that @KeithP will be along to give you some deadlines and further guidance.

beamerguy

BWLegal as usual are faking their claim.  THEY ADDED A FAKE £60

See what happens to fakers when it goes to court ......
https://forums.moneysavingexpert.com/discussion/6103933/abuse-of-process-thread-part-2/p1?new=1

bubble2424

Hello thanks for responses, the issue date is 14th december, i just spoke to court they said i need to get aos in by 2nd january, and i can do it by email (thanks heavens as id worry the post may not get there with xmas delays). I now have their email address for county court business centre northampton, its parking company premier parking solutions. In the SAR, do they have to give me all the evidence they've got against me or not? Thank you in advance, i'm feeling a bit clearer on what to do and it helps to be speaking to you all on here.

Le_Kirk

You submit your AoS by using MCOL, the N1 claim form should have a log-in and password information that you use to gain access to MCOL through your Government Gateway account.  No post is involved it is all on-line and the defence is sent by e-mail a couple of weeks later.  Do the AoS now, there is no point in delaying it once you have passed 5 days after date of issue, which you have.

Redx

As above , login to MCOL and complete the AOS , don't touch nothing else on MCOL , after the AOS treat it as read only

Coupon-mad

bubble2424 said:

Hello thanks for responses, the issue date is 14th december, i just spoke to court they said i need to get aos in by 2nd january, and i can do it by email (thanks heavens as id worry the post may not get there with xmas delays). 

But the NEWBIES thread gives you a step-by-step guide in pictures of how to do the AOS online, page by page.

I now have their email address for county court business centre northampton

You already did. It's in the TEMPLATE DEFENCE thread because defences are submitted by email, not by MCOL.

KeithP

bubble2424 said:

Hello thanks for responses, the issue date is 14th december, i just spoke to court they said i need to get aos in by 2nd january, and i can do it by email (thanks heavens as id worry the post may not get there with xmas delays).

The CCBC are misleading you. The due date for filing anything is never on a Saturday or Sunday.

With a Claim Issue Date of 14th December, you have until Monday 4th January 2021 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 18th January 2021 to file your Defence.

That's over three 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.

Umkomaas

In the SAR, do they have to give me all the evidence they've got against me or not? 

Or not!  They are only obliged to provide you via SAR with any personal data they hold about you, as well as data they hold relating to your vehicle's VRM. Evidence they hold about the parking event will only come at the Witness Statement stage - 6 or more months away. 

D_P_Dance

All explained here
+https://en.wikipedia.org/wiki/Right_of_access_to_personal_data