County Court Claim

fckcpm

Hi all. I’ve been issued a county court claim form for a parking offence, the claimant is UK car park management limited and subsequently Gladstone Solicitors. In short I did park where I wasn’t supposed to, it was a residential estate and I had no permit. So whilst I have no problem admitting liability, I can’t even begin to understand how a £90 PCN now amounts to £260 odd. I’m seeing contractual costs, a court fee and legal representative costs plus interest. To me this sounds like nothing but BS. What are my options? I’ve submitted an Acknowledgement of service and now have no idea what to do. Thanks in advance.

KeithP

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

Upon what date did you file an Acknowledgment of Service?
Your MCOL Claim History will have the definitive answer to that.

fckcpm

KeithP said:

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

Upon what date did you file an Acknowledgment of Service?
Your MCOL Claim History will have the definitive answer to that.

The issue date was 16/07/2021 and I filed an AoS on 23/07/2021

KeithP

fckcpm said:

KeithP said:

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

Upon what date did you file an Acknowledgment of Service?
Your MCOL Claim History will have the definitive answer to that.

The issue date was 16/07/2021 and I filed an AoS on 23/07/2021

With a Claim Issue Date of 16th July, and having filed an Acknowledgment of Service in a timely manner, you have until 4pm on Wednesday 18th August 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 at the second post in the NEWBIES thread.

Don't miss the deadline for filing a Defence.

Le_Kirk

The PPC will always add on "contractual costs" - not allowed, court fees - permitted, legal representative's costs - permitted.  If you defend it, you will at least stand a chance of having the judge throw out the contractual costs.  Follow the advice given by @KeithP.

fckcpm

Thank you. Still struggling to understand the breakdown in amount. The PCN was £90, court fee is £35 and legal rep is £50. This amounts to £175. However the claim form says ‘amount claimed - £179.06’ plus the court and legal rep fees (£50 and £35) which amounts to £264.06. I also don’t understand what my defence could possibly be given that I know I parked where I wasn’t supposed to, I’d only like to lower the amount somehow.

Le_Kirk

They add "contractual costs" or "admin costs" or "debt collection costs" none of which are allowed.  I suspect they have added interest which will account for the odd pennies.  All they are allowed is the original PCN amount, filing fee, hearing fee and legal rep fees.

fckcpm

Is it possible at all to settle with just the permitted costs? I’ve attempted to contact Gladstone Solicitors but had no answer.

fckcpm

KeithP said:

fckcpm said:

KeithP said:

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

Upon what date did you file an Acknowledgment of Service?
Your MCOL Claim History will have the definitive answer to that.

The issue date was 16/07/2021 and I filed an AoS on 23/07/2021

With a Claim Issue Date of 16th July, and having filed an Acknowledgment of Service in a timely manner, you have until 4pm on Wednesday 18th August 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 at the second post in the NEWBIES thread.

Don't miss the deadline for filing a Defence.

Thank you! Is there a specific defence for defendants who admit to the offence but are specifically disputing the cost? What I’ve read so far seems to suggest complete denial in liability. I wish I could do this, but I remember nothing about the location and signage etc and I was the driver.

KeithP

Surely the mere fact that you can't remember seeing any signs proves that the signs weren't prominent enough.

Build on that.

Have you even read the suggested template Defence, or are you expecting someone to write something special for your case even though your case is no different to many of the others seen here?

And I suggest you get your forum username changed before it causes offence.

Coupon-mad

 Come on, this is easy.  The template defence thread even tells you what to put if you don’t recall anything about the location, and surely the signs were hidden and dark (unlit at night maybe?) and so you had no idea that you had to have a permit because it looked like public highway and there were no prominent signs and lines. 

Job done. I’m right, aren’t I, that’s likely to be how it occurred because no-one would deliberately park in a residents private estate and agree to pay £100.