Defence Advice please.

Coupon-mad

Have you emailed it?  You know not to use MCOL for the defence.  Don't ask for more critique, if you've adapted the template with some facts and responses to the allegations at #2 and #3, it will be fine as long as you beat the Claimant in the email race, NOW! 

Also, this is important to stop this happening again and stupid 3 figure sums being applied:

Can you confirm you have done the Government Consultation - see link below?  

We are also getting people to complain to their MPs and ask questions of the MHCLG because there is a horrific (very obviously PPC-led) naive mistake in the proposed framework that will CAUSE court claims:

 https://www.gov.uk/government/consultations/private-parking-charges-discount-rates-debt-collection-fees-and-appeals-charter-further-technical-consultation

We need to know you have done the Government Consultation and sent an email to your MP as explained here, please do:

https://forums.moneysavingexpert.com/discussion/comment/78515438#Comment_78515438

To be clear, we need individuals (you and your family and friends, separately) to do the consultation linked there AND we are now calling for everyone to ask their MPs to raise with the MHCLG, what the heck has gone wrong since March, that they now think it's OK for false debt recovery costs to be added that positively drive cases to court?  

What are the MHCLG thinking? 

That added sum was supposed to end.  The Knight Act included MPs unanimously condemning charges as high as £120, but this proposal takes it up to £200 and FUNDS THE ROBOCLAIM RACE TO COURT 

We want MPs to kick up a stink.  This MUST be stopped.  

Don't ask for a template please, your own words are needed to the Consultation.

And then to raise awareness with your MP by email to ask the MHCLG what has to what has gone horribly wrong since March, by capping PCNs on the one hand then more than doubling them, rewarding PPCs for PCNs being 'lost in the post' and incentivising rogue practice and higher demands than the original discount that we will hardly ever see, if this goes ahead.

We will advise you further once you have done both, please.

synikmaster

KeithP said:

My earlier post was perhaps misleading - I mentioned an Issue Date of 6th July.
Of course 6th July was the date of service of the Claim.

However, your Defence filing deadline was correct....

As both @Castle and I said, your Defence filing deadline was 4pm on 3rd August.

Now that you have filed your Defence you are going to be extremely unlucky if the Claimant managed to seek a Default Judgment after 4pm yesterday and before your Defence was filed.

Check your MCOL Claim History from time to time.

Please read this page carefully. From here you can decide what action you wish to take next.

If you do nothing, judgment may be entered against you.

Claim Summary

Claimant

First Parking Llp

Claim Number

H8KF1H02

Defendant

LINK HIRE SERVICES LTD

Amount Claimed

£174.53

Court Fee

£35.00

Solicitor Costs

£50.00

  

Total Amount

£259.53

Issue Date

01/07/2021

Claim History

Your acknowledgment of service was submitted on 08/07/2021 at 15:43:55

Your acknowledgment of service was received on 08/07/2021 at 16:05:15

Your defence was received on 04/08/2021

This is my MCOL Claim history, Have I submitted defence on time? Please advice.

Redx

Yes , seems to have got there first , so logged ok

DQ stage is next

Coupon-mad

But after the Consultation please.  

Emails to MPs are also vital because the MHCLG has been badly misled on ‘debt recovery’ fees, somehow.

PLEASE DO THE CONSULTATION IF YOU WANT CONSUMER VOICES TO OUTWEIGH THE PARKING INDUSTRY’S GREED. WHICH SEES THEM TRY TO CLAIM MORE THAN THE LAW ALLOWS, FROM A REGISTERED KEEPER,

I just looked at the POFA Explanatory Notes (part of the legislation):

https://www.legislation.gov.uk/ukpga/2012/9/notes/division/5/1/3/3

221.Paragraph 4 provides that the creditor has a right to recover unpaid parking charges from the keeper of the relevant vehicle if the conditions set out in paragraphs 5, 6, 11 and 12 are satisfied. The creditor is not obliged to pursue unpaid parking charges through this scheme and may seek to do so through other means but they may not use the scheme provided for here to secure double recovery of unpaid parking charges (paragraph 4(6)), nor will they have the right to pursue the keeper, as opposed to the driver, of the vehicle where they have sufficient details of the driver’s identity. The right to reclaim unpaid parking charges from the vehicle keeper does not apply in cases where the vehicle has been stolen before it was parked, (paragraphs 4(2) to (3)), or in certain circumstances where the vehicle in question was a hire vehicle (paragraph 4(7)). The creditor may not make a claim against the keeper of a vehicle for more than the amount of the unpaid parking related charges as they stood when the notice to the driver was issued (paragraph 4(5)).

synikmaster

Redx said:

Yes , seems to have got there first , so logged ok

DQ stage is next

What is the DQ stage plz?

Redx

synikmaster said:

Redx said:

Yes , seems to have got there first , so logged ok

DQ stage is next

What is the DQ stage plz?

All explained in the newbies FAQ sticky thread near the top of the forum

The N180 is the DQ stage , which comes after submitting your Defence to the CCBC and they post out the DQ

You need to study the procedures , reading the what happens when posts

D_P_Dance

What is the DQ stage plz?

Please read the newbies.  Have you complained to your MP?  Do you think that Trading Standards might bre interested? 

Le_Kirk

synikmaster said:

Redx said:

Yes , seems to have got there first , so logged ok

DQ stage is next

What is the DQ stage plz?

What is plz?

synikmaster

this is what I received. What to do?

KeithP

synikmaster said:

this is what I received. What to do?

You know what's next.

Just continue to read that list you were following when you filed your Defence.