Worried and need some guidance...

cameron93

Hello all,

I have just received a county court claim form in the post  (I assume this is the 'letter of claim') and have been researching the next steps to take, I just want to say - I'm extremely grateful for the all the helpful content on this forum. I have a few questions and any advice is welcome.

From what I've read, I have 14 days from the date on the claim form to submit an AOS. And from that date I have 28 days to submit my defence. Am I correct here?

I've sent out the email to the claimant for the SAR and legal entity for notifying them to put the case on hold for at least 30 days - how does this work when I have separate deadlines set out on the claims form already?

Other than the points about added charges on the defence template would the following reasons from my initial POPLA case be pertinent and likely to help my case:

• this sign text being very small and signage being not the most visible (claimant photos)

• A van blocking me in (or at least a tight squeeze), occurring at an earlier time than the claimant's photos (my photo below):

• Referring to the last image there are also no bay lines of any kind despite the fact that the reason on the ticket was "Not parked correctly within the markings of the bay or space"

Also, isn't it possible that I might not get a response from the SAR in time?

I do apologise for the number of questions, I hope somebody can help me on a couple of these points.

Thank you

Fruitcake

If you have an N1 claim form from MCOL, then you should do the AoS after day 5. This gives you 28 days from day 5 to submit your defence, so 33 days max from the date of issue. This is explained in the guide to court written by bargepole you will find in the second post of the NEWBIES.

Once the claim is liv, it is too late to request the case be put on hold.

You may not get the results of the SAR back in time, but that doesn't matter. Most of the defence is already written for you and anything else can be tidied up at the witness statements stage.

Please tell us the issue date of the claim form, the location of the alleged event, and what happened when you complained to the landowner.

KeithP

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

Redx

Letter of claim , is an LBC , before a court claim pack from the CCBC in Northampton , you have a live court claim , but haven't told us the issue date

No you are completely wrong on timescales , the maximum time is 33 days from the date on the claim form , 5 + 14 + 14

The SAR reply has nothing to do with the court claim procedures , but could be useful later on

You can email a SAR to any company to obtain your data , nothing to do with parking , but data protection and data disclosure

cameron93

Thank you for the responses.

The issue date on the N1 form is 16th August.
The location is Brunel University, Uxbridge.
I've ignored all prior warnings etc so I am only just dealing with this now and haven't had any contact with the landowner.

cameron93

cameron93 said:

Thank you for the responses.

The issue date on the N1 form is 16th August.
The location is Brunel University, Uxbridge.
I've ignored all prior warnings etc so I am only just dealing with this now and haven't had any contact with the landowner.

here is the form

patient_dream

I see the claim is via DCBL.   They have added fake amounts which they cannot prove.  It is also signed by the infamous Yasmin Mia .... very dodgy

READ THE DCBL GROUP THREAD

DCBL letters ... forum group thread
https://forums.moneysavingexpert.com/discussion/6237177/dcbl-letters-forum-group-thread#latest

KeithP

cameron93 said:

The issue date on the N1 form is 16th August.

With a Claim Issue Date of 16th August, you have until Monday 6th September to file an Acknowledgment of Service. Do not file an AoS before 21st August, but otherwise 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 20th September 2021 to file your Defence.

That's over four 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.

Trainerman

Listen to the experts here, I am very much new to this. However, it would seem that you have more than one line of defence. As you say (if original PCN is for not in bay correctly), then no markings. Also, signs small and hard to read and then forbidding signage (starting to be a pet peeve of mine). If it says "no unauthorised etc" then you do not have permission. If so, no contract so PCN invalid. Only legal remedy would be through trespass law. It would be good to get some judgements on this basis, it seems to me, as this would increase the range and knowledge of answers to these scammers

cameron93

KeithP said:

cameron93 said:

The issue date on the N1 form is 16th August.

With a Claim Issue Date of 16th August, you have until Monday 6th September to file an Acknowledgment of Service. Do not file an AoS before 21st August, but otherwise 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 20th September 2021 to file your Defence.

That's over four 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.

Thanks for clarifying those dates. I intend to follow the rest of the newbies thread as you've mentioned. What's the level of risk here - is it possible I could end up paying up more than the sum on the form?

KeithP

cameron93 said:

KeithP said:

cameron93 said:

The issue date on the N1 form is 16th August.

With a Claim Issue Date of 16th August, you have until Monday 6th September to file an Acknowledgment of Service. Do not file an AoS before 21st August, but otherwise 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 20th September 2021 to file your Defence.

That's over four 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.

 What's the level of risk here - is it possible I could end up paying up more than the sum on the form?

Extremely unlikely.
Even if you lose, I would expect you to be paying less that their 'imaginative' claim.