URGENT HELP NEEDED. Court Claim- defence due tomorrow

superdrpanda

I received a claim on 18/8 for parking in an Excel parking car park over 5 years ago ( 2016) . which i have noticed that many other forum users have received the same 

Particulars of claim:

1. Defendant is indebted to the claimant for parking charges issued to vehicle XXXX at XXXX.
2. The PCN details are XXX
3. The PCN was issued on private land owned or managed by (C) Excel parking services
4. The driver agreed to pay within 28 days but did not. D is liable as the driver or keeper. Despite requests, the PCN is outstanding. The contract entitles C to damages and the claimant claims
1. £160 being the total of the PCN and damages
2. Interest at a rate of 8% per annum pursuant to s.69 of the country courts act 1984 from the date hereof at a daily rate of £0.02 until judgement or sooner payment
3. Costs and court fees

Amount claimed £196.88
Court fee £35
Legal representatives costs £50
Total amount £281.88

The claim date 18/8 

acknowledge claim date 26/8
letters posted to solicitors and claimant on 27/8 (SAR to the parking firm and CPR to the legal firm)
Received letter from solicitor 31/8  

the letter just says we acknowledge your SAR and this will be responded to within the required timeframe.

1. i have email proof that I have written to them to appeal on couple of occasions.

2. can no longer find the original PCN
3. I have not heard back from the SAR requested. 

I am getting increasingly worried and stress regarding this ,as I did not realise the 28 days is from the claim date and not the AOS date - in other words my defence date is due tomorrow.  i blame my pregnant brain for that.  I have been reading other threads, i know it will take me a long time to build up a good defence ( which I will start now)- 

As i haven't heard bak from the SAR - can I still use the US date format thing as part of my defence? 

I am working on my defence right now and will post for critics as soon as it is ready. 

thanks so much in advance 

Johnersh

Oh god. You really need to read this forum and the guidance notes that come with the claim much more carefully. 

DEEMED service occurred on day 5. That is 5 days after the big date on your claim form (aka the issue date).

Having filed an acknowledgement, the deadline is 28 days from the date of *service,* not the date of issue.

The documents can be lodged by email, but read the rules on that too... 

Redx

If the issue date was 18 August , the deadline is 33 days later , seeing as you did the AOS 5 or more days later , so next week

Adapt the template defence by coupon mad and post your draft paragraphs 2 and 3 below for critique

D_P_Dance

Hae you complained to your MP?

superdrpanda

D_P_Dance said:

Hae you complained to your MP?

no. Sorry i must admit I have not read much into this. Should I be complaining to my local MP? or the parking area's local MP ?  .is there a time frame to this? I think i should use my time to concentrate on the defence write up.. 

Redx

Use your time for the DEFENCE his week , nothing is more important , you can complain to your local MP next week if you want , after the Defence is emailed to the ccbcaq email address

D_P_Dance

Should I be complaining to my local MP?

Your MP, he/she acts for you.  No frame time  but it should only take you a few minutes surely.

superdrpanda

Johnersh said:

Oh god. You really need to read this forum and the guidance notes that come with the claim much more carefully. 

DEEMED service occurred on day 5. That is 5 days after the big date on your claim form (aka the issue date).

Having filed an acknowledgement, the deadline is 28 days from the date of *service,* not the date of issue.

The documents can be lodged by email, but read the rules on that too... 

Sorry. I am re-reading the guidance notes. so it says  i must either send the complete AoS form or a defence form to the court within 14 days of the date of service - which i presume they mean the claim date 18/8 --> which i did. then it follows by - if I send the AOS, i must send a defence to the court to arrive no later than 28 days from the date of service. so this 'date of service' is referred to the AOS date or the claim date? 

Redx

The date of service is 5 days after the issue date , unless the AOS is done too early , yours was ok as it was after day 5

So 18 + 5 = 23rd or later ( in your case it was the 26th )  , so date of deemed service becomes the 23rd , add 28 days to it , then check if that day 28 falls on a weekend ( or 33 days after the issue date ) , so this weekend I believe , making a deadline of say 4pm next Monday , the 20th

KeithP will probably post and clarify matters , plus you can check your claim history on MCOL

But you will be emailing the defence as a Pdf attachment , not on MCOL , not by post either

superdrpanda

Redx said:

The date of service is 5 days after the issue date , unless the AOS is done too early , yours was ok as it was after day 5

So 18 + 5 = 23rd or later ( in your case it was the 26th )  , so date of deemed service becomes the 23rd , add 28 days to it , then check if that day 28 falls on a weekend ( or 33 days after the issue date ) , so this weekend I believe , making a deadline of say 4pm next Monday , the 20th

KeithP will probably post and clarify matters , plus you can check your claim history on MCOL

But you will be emailing the defence as a Pdf attachment , not on MCOL , not by post either

Thanks for clarifying! that definitely makes me feel a little less stress! 

KeithP

Redx said:

KeithP will probably post and clarify matters...

Indeed he will.  

With a Claim Issue Date of 18th August, and having filed an Acknowledgment of Service in a timely manner, you have until 4pm on Monday 20th September 2021 to file your Defence.

That's a whole week 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.

But no need to believe what random strangers on an internet forum tell you.

The back of your Claim Form states:

It goes on to say: