Claim Form - Help required with defence. .

Jenni_D

According to their photos the vehicle was on site for 15 mins 37 secs (maybe slightly more). What was the alleged "offence" on the PCN?

Coupon-mad

It was that the vehicle wasn’t pre authorised but whilst that makes no sense, it is a clutching at straws defence at this location, where HHJ Simpkiss (who had no contract law background, he admitted in court) was persuaded to apply 110 year old ticket cases signage ‘case law’ despite the CRA 2015 existing.

D_P_Dance

... so this case is not as easy as you think.

Surely that depends on the ability of the defendant,  I am 5-0 up in wins in court.  

Coupon-mad

No because HHJ Simpkiss’ decision is supposedly persuasive...

Wizwacks

Morning. 

I have sent over my defence. 

"Thank you for emailing the County Court Business Centre, please accept this as a receipt of your email.  Where a response is required we will endeavour to respond to your email within 10 working days (please do not re-send duplicate messages)

 If you’ve submitted a complaint, please note that the Court will aim to reply within 10 working days. (please do not duplicate complaints)" 

Do I have to wait now for the N180 form to be sent to me? 

"After sending off your Defence, the Northampton Business centre will send a copy to the Claimant, and then send a Directions Questionnaire (form N180) to both Claimant and Defendant." BARGPOLE - 

Redx

Correct , you will follow steps 6 to 9 of the list in the defence template thread , the list you should be following

As an extra task , forward that defence email to the claimant or their lawyers if using legals , meaning you will have emailed it to the claimant as well as the CCBC

Then wait for the N180 from the CCBC ( not from the claimant )

Wizwacks

I did not post the reply from the legal team (DCB) to my request for documents email. Unlike OPS they got back to me a few days later. Not sure it will make much difference but this was sent back in August. 

*****************

" We write further to your request for evidence.

 

We note within your email and written correspondence you have requested a copy of the signage and Parking charge notice.

Please find them attached.

 

We note “The Vehicle was parked in breach of the Terms of conditions thus incurring the PCN". At the time of contravention the vehicle was not authorised to park on site as they were not given preauthorisation by One Parking Solution prior to parking on site. The signs on site state all users of this car park must purchase a pay and display ticket no waiting or idling is permitted in the mark bays or any were else on site.

 

We also note you reference to “the driver agreed to pay within 28 days but did not” this refers to an implied term and condition layed out within the signage by remaining parked at the location you are agreeable to pay if in breach of the displayed terms and conditions. The Notice to keeper attached would also reiterate this period of time to make payment. 

 

The Notice to Keeper was issued to you on the 1st of October 2019. A copy is enclosed. You were afforded the opportunity to; appeal the parking charge, transfer liability to the driver (if it was not you) or make payment. Neither a successful appeal, nor an adequate nomination were received, yet payment remains outstanding.The Reminder Notice was issued to you on the 26th of January 2021. A copy is enclosed. This notice reiterated that payment was outstanding and confirmed that legal action may be taken, and additional costs incurred if the parking charge was not paid."


Sent them a copy of the Defence now too. 

Wizwacks

Morning 

I have now emailed the defence over to CCBC and the claimant solicitors. 

Do I wait now for the courts to get back to me or is there anything else for me to do? 

Redx

Check your claim history and ensure that the defence is logged for a start , but it can take a few days

Once done , check it weekly , looking for when they post out the DQ N180 , probably in about 6 weeks time

There is no court involved yet.  So you will get nothing from a court for a few months ( probably )

You should be expecting and following steps 6 to 9 in the defence template post , plus the guide that Bargepole posted 5 years ago about what happens and when , it seems that you have stopped halfway through the first half at 1 - 1 !!

Jenni_D

Did you get an auto-reply from CCBC?