Read the newbies thread, confused over adapting the Defence template over MCOL

JamesBebb

Umkomaas said:

Finally the charge is disproportionate and not a genuine pre-estimate of loss The amount charged is not based upon any genuine pre-estimate of loss to the company or the landowner. 

Whoa!  Don't go there with this. All of it was thrown out by The Supreme Court in the ParkingEye v Barry Beavis 6 years ago. It will get you nowhere, and your case might be skewed unfavourably by attempting to rely on it. The solicitors will spot your lack of understanding about this and use it to their advantage. 

Oh thank you, I must have misunderstand. I'm keeping the first two para's, but have rewritten the third paragraph, removing mention of the Barry Beavis case, but have added Excel v Wilkinson: G4QZ465V, heard in July 2020, which ruled a £60 increase was unfair:

As previously mentioned, the Loading Bay sign includes no penalty for breaking the terms of parking. The parking ticket however was issued for £60 rising to £100. The sum for the PCN and damages is £176.03 on the county court form, plus legal representative costs of £50 and £30 for court fee. The increase from £100 to £176.03 is unsubstantiated and should be disallowed, as per Excel v Wilkinson: G4QZ465V, heard in July 2020, where the increase was £60, the Judge concluded such claims were with ‘an improper collateral purpose’, as the claimant is seeking to circumvent CPR 27.14 as well as breaching the Consumer Rights Act 2015.

Coupon-mad said:

And the Consultation and email to your MP?

I will email my MP after I have sent the Defence. Is it so I can appeal to them to intervene in the case? I will also fill in the consultation, perhaps after the case is done, so I can get my thoughts done properly.

Umkomaas

I will email my MP after I have sent the Defence. Is it so I can appeal to them to intervene in the case? I will also fill in the consultation, perhaps after the case is done, so I can get my thoughts done properly.

The MP might get involved in your case, but the bigger picture is that they will have influence in terms of how the new laws, designed to rein in PPC excesses, but are going horribly wrong at the moment, are rolled out. If you think things are bad right now, if we don't act, the current problems might well be just a sideshow. 

You only have until 27 August to respond to the consultation, doing the MP complaint in parallel will get this off your plate so as to then continue with your other priorities. 

A framework for a MP complaint has been very helpfully been put together by @Jenni_D in the following thread. The link should take you to the MO letter framework. Please use your own words, not simply copy and paste, because the MHCLG might be ignoring blatant c&p submissions. 

https://forums.moneysavingexpert.com/discussion/6286801/government-consultation-re-private-parking-charge-levels-august-2021-please-bookmark-this-thread/p7

JamesBebb

Umkomaas said:

I will email my MP after I have sent the Defence. Is it so I can appeal to them to intervene in the case? I will also fill in the consultation, perhaps after the case is done, so I can get my thoughts done properly.

The MP might get involved in your case, but the bigger picture is that they will have influence in terms of how the new laws, designed to rein in PPC excesses, but are going horribly wrong at the moment, are rolled out. If you think things are bad right now, if we don't act, the current problems might well be just a sideshow. 

You only have until 27 August to respond to the consultation, doing the MP complaint in parallel will get this off your plate so as to then continue with your other priorities. 

A framework for a MP complaint has been very helpfully been put together by @Jenni_D in the following thread. The link should take you to the MO letter framework. Please use your own words, not simply copy and paste, because the MHCLG might be ignoring blatant c&p submissions. 

https://forums.moneysavingexpert.com/discussion/6286801/government-consultation-re-private-parking-charge-levels-august-2021-please-bookmark-this-thread/p7

Hey, just to say, I have filled in the consultation, emailed my MP about the charges and consultation and sent off the defence. Thank you all for your help.

Umkomaas

Hey, just to say, I have filled in the consultation, emailed my MP about the charges and consultation and sent off the defence. Thank you all for your help.

Excellent, thank you for sharing your experience with the MHCLG and your MP. Your first-hand experience of the treatment meted out by the private parking sector is what the Gov need to read about. 

JamesBebb

Hi all,

I submitted the defence on the 7th August to the CCBCAQ@justice.gov.uk address, titled it with defence number, but have still not heard back in terms of claimants directions questionnaire, intention to proceed or even an acknowledgement of receipt. Do I need to chase?

Claim was initially issued 28/07 and acknowledgement of service made 3rd Aug, so deadline for defence was 30th Aug, so still a bit of time for a response yet I suppose, just expected something quickly.

KeithP

JamesBebb said:

Hi all,

I submitted the defence on the 7th August to the CCBCAQ@justice.gov.uk address, titled it with defence number, but have still not heard back in terms of claimants directions questionnaire, intention to proceed or even an acknowledgement of receipt. Do I need to chase?

Claim was initially issued 28/07 and acknowledgement of service made 3rd Aug, so deadline for defence was 30th Aug, so still a bit of time for a response yet I suppose, just expected something quickly.

Your expectations are far too high.

The CCBC will send you a letter in due course advising you that they will send your Defence to the Claimant.

The Claimant then has twenty-eight days to respond to that Defence to the CCBC.

The CCBC then will write to you again asking you to complete a Directions Questionnaire.

Neither you or I know what delays there might be at the CCBC at any stage in this process.
The wheels of justice move slowly.

Redx

what you should do is login to MCOL and check your claim history, ensure the defence has been accepted and logged , then check it weekly over the next 6 weeks , checking for progress, ultimately looking for whaen the CCBC have posted the N180 DQ out to you, the next stage

but as KeithP points out, the wheels of justice turn very , very slowly

JamesBebb

Redx said:

what you should do is login to MCOL and check your claim history, ensure the defence has been accepted and logged , then check it weekly over the next 6 weeks , checking for progress, ultimately looking for whaen the CCBC have posted the N180 DQ out to you, the next stage

but as KeithP points out, the wheels of justice turn very , very slowly

Hey Redx, I went into MCOL online just now - still no acknowledgement of the defence being accepted and/or logged. As I said it was emailed to them on 7th August. Deadline for defence submission is 30/08, so being on 27/08, with no acknowledgement yet, do I need to be concerned or are they just working especially slowly?

KeithP

JamesBebb said:

Redx said:

what you should do is login to MCOL and check your claim history, ensure the defence has been accepted and logged , then check it weekly over the next 6 weeks , checking for progress, ultimately looking for whaen the CCBC have posted the N180 DQ out to you, the next stage

but as KeithP points out, the wheels of justice turn very , very slowly

Deadline for defence submission is 30/08, so being on 27/08, with no acknowledgement yet, do I need to be concerned or are they just working especially slowly?

No, your Defence filing deadline is 4pm on Tuesday 31st August - see my post on your thread on 2 August at 7:52PM.

The CCBC is now closed and with Monday being a Bank Holiday, will not re-open until Tuesday morning.

I suggest you email your Defence again to CCBCAQ@justice.gov.uk and point out in your email that you sent your Defence earlier and are surprised that you didn't receive an auto-response confirming receipt.
You are also disappointed that your MCOL Claim History does not show that your Defence has been received.

Send the email over the weekend and chase them up by phoning them on Tuesday morning.

Coupon-mad

Yep, forward your previous email and say you are alarmed that MCOL was not updated 3 weeks ago...