County Court Claim - NCP Parking outstayed by 20 mins

Monseymoo

Hi I have read the newbies and multiple other threads before anyone asks but struggling to find what I need.  Last Jan (2000) I parked at an NCP carpark and paid for 1 hour, I got back to my car within the hour but realized my wallet wasn't in my bag and had been left in a shop that I had just been to.  Panicking I ran to the shop and thankfully it was behind the counter with the cashier.  I went back to my car and left the car park, around 2 weeks later I got a parking ticket from NCP for over £100 for outstaying my 1 hour, they had footage of me leaving about 20 mins after the hour I had paid.  Based on information on here I ignored all letters however have now had a County Court Claim letter dated 11th Jan 2021, I plan to defend myself and not agree to pay the whole fine which is now £230.  I have asked for all information on me from NCP which they actually gave to me by email within 24 hours the footage clearly shows the 20 mins extra from the end of the paid ticket to me leaving the front gates to the car park.  I know once I submit my AOS (plan to do tomorrow) I have I believe 28 days to respond with my defense but I have no idea in what format this should be written and if there are any templates I should use?  
I'm concerned that BW Legal (the company that kept sending me letters asking for money) will defend the fact that I didn't acknowledge or respond to any of their letters what do I do to address this or do I just focus my defense on the fact that I had paid for my parking but had due to loosing my wallet overstayed my parking?  I'm not sure what to focus on in my defense and how to word it so any advise would be hugely appreciated.
Also are there cases where BW Legal/NCP once seeing my defense just notify the court to cancel the proceeding?  Or does it always get to court at this stage?  I assume due to covid it will be a telephone hearing which I am fine with.  Im hopeful that the courts will see that it was a unusual circumstance and unfair to charge so much for an incident.  Any advise on what to use and put within my defense would be hugely appreciated obviously if there are any templates please redirect me I've searched high and low but keep going round in circles. thanks!  

Le_Kirk

Ironically the place you posted first was on the bottom of the template defence.  Go back there now and read it from the beginning.

Redx

You mean 2020 , not 2000

There is only the one defence template , by coupon mad , last updated in Oct 2020 , use that one

You can do the AOS today if you wish , seeing as the issue date was the 11th

There are many hurdles before court , some get there , some don't , but ALWAYS assume it will proceed to a hearing

Your witness statement is due up to about a month or less before the hearing , that will be storytime , probably in summer

KeithP

Monseymoo said:

...have now had a County Court Claim letter dated 11th Jan 2021...

I know once I submit my AOS (plan to do tomorrow) I have I believe 28 days to respond with my defense...

Hello and welcome.

With a Claim Issue Date of 11th January, you had until Monday 1st February to file an Acknowledgment of Service. 

There is no point in filing an AoS now.

Because you failed to file an AoS in time, your target date for filing a Defence became Monday 1st February.

Since that date the Claimant has been free to seek a Default Judgment against you.
Check your MCOL Claim History for the current status on that.

If there is No Default Judgment against you, you are now in a race.

If you file a Defence before the Claimant seeks that Default Judgment then you go through to the next round.

If the Claimant gets that Default Judgment before you file a Defence, then it's game over - you lose.

To create a Defence, and then file a Defence by email, look at the second post in the NEWBIES thread.

The good news is that nothing bad will happen before 8am tomorrow.
I suggest you get your Defence filed before then.

Monseymoo

I have finally found the template by Coupon mad thanks!  I'll have a read though it all but I am a bit confused based on what I will be defending (unfair/unreasonable charges for over parking by 20 mins due to a unforseen circumstance) what within this template is relevant and isnt.  I see it references previous cases Beavis, Somerfield Stores Ltd, Semark Jullien Case, Britannia v Crosby should I really be referencing all these cases?  
Sorry I dont want to annoy anyone but really need some clear help on what I should angle my defense upon

Redx

My bad , I thought it was issued 11th February , not 11th January , I think saying the year 2000 put me right off !! 😋😋😋

The issue date was split over 2 lines on my tablet so the Jan 2000 was the sidetracker

Jenni_D

https://forums.moneysavingexpert.com/discussion/6243073/country-court-claim-parking

That was the OP's post in Motoring. They PMd the board guides to get that moved over but then jumped the gun by creating another thread.

There's a discrepancy between that thread and this as they say they received the court claim last Thursday (10th Feb, although Thursday was the 11th) ... that doesn't align with a claim date of 11th Jan.

Le_Kirk

Monseymoo said:

I have finally found the template by Coupon mad thanks!  I'll have a read though it all but I am a bit confused based on what I will be defending (unfair/unreasonable charges for over parking by 20 mins due to a unforseen circumstance) what within this template is relevant and isnt.  I see it references previous cases Beavis, Somerfield Stores Ltd, Semark Jullien Case, Britannia v Crosby should I really be referencing all these cases?  
Sorry I dont want to annoy anyone but really need some clear help on what I should angle my defense upon

The template has been written so that you only need to change paragraphs 2 & 3.  Post ONLY those paragraphs here for critique and help (but obviously submit the whole let as your defence).  You put you legal/technical arguments in those paragraphs but bear in mind that unreasonable/unfair costs won't cut it.  You will have to go with your unforeseen circumstances and then try to tell the whole story in your witness statement further down the line.  Keep you defence paragraphs short and to the point, all defences are written in the third person.  Leave the rest of the paragraphs untouched as they are written to make sure that judges don't allow the spurious fake debt control or other weasel word management reasons for adding £60.

KeithP

Jenni_D said:

https://forums.moneysavingexpert.com/discussion/6243073/country-court-claim-parking

That was the OP's post in Motoring. They PMd the board guides to get that moved over but then jumped the gun by creating another thread.

There's a discrepancy between that thread and this as they say they received the court claim last Thursday (10th Feb, although Thursday was the 11th) ... that doesn't align with a claim date of 11th Jan.

Oh dear.

@Monseymoo, please try and appreciate that any advice or opinions you are offered here will only be as good as the information you provide.

Monseymoo

Apologies all yes I received the letter from the courts last Thurs and it was dated 10th Feb 2021 I plan to AOS tomorrow or early next week as I understand I have 14 days from the date it was dated?

Redx

You have 5 + 14 days , 19 days from the 10th Feb 2021 , so can do it now if you wish

Hopefully KeithP will give you correct information as long as you have provided correct dates this time