Counter Claim parking fine

acconomics

I have received a notice from the county court about a parking fines offence that I didn't commit these offences. I explained the situation to the parking management company on numerous occasions and their solicitors, but despite my explanation, now I have received a letter from the county court. I want to dispute and counterclaim, but not too sure how to proceed. Can I have your professional insights into the matter? They have been sending me letters and emails since march, and it's driving me crazy. They have quoted cars that I don't own now in the past or rented previously. 
 

Le_Kirk

All advice you need is in the NEWBIE sticky second post (as you seem to have gone past the appeal stage).  What exactly did you receive from county court?  Is it a N1 claim form and if so what is the date of issue?

acconomics

Thanks for your prompt reply. The date of issue is the 4th of October 2021.

It doesn't say specifically N1 claim. But, at the bottom, it says N9B (STD).

I have been given options either to pay or dispute. ( Defence and counterclaim). I feel optimistic that I'm going to win, as the car involved in the offence never belonged to me directly or indirectly. 

Le_Kirk

acconomics said:

Thanks for your prompt reply. The date of issue is the 4th of October 2021.

It doesn't say specifically N1 claim. But, at the bottom, it says N9B (STD).

I have been given options either to pay or dispute. ( Defence and counterclaim). I feel optimistic that I'm going to win, as the car involved in the offence never belonged to me directly or indirectly. 

How strange, that is a form for defence or counterclaim for a specified amount.  Is this the first contact you have had from the CCBC?  Presumably you haven't completed any other forms (hard copy or on-line) stating you dispute part of the claim or wish to make a counterclaim?

acconomics

Thanks for your time and interest. I appreciate it.

This is the first contact. 

I have received the following forms. They are claiming £335 plus legal costs of £50. I have not completed any other forms so far (apart from responding to their emails and letters)


1) N1 STD Claim Form
2) N9 A (Form of admission)
3) N9B (STD) Defence and counterclaim
4) N9 SDT Response pack

Half_way

these are neither fines or penalties, or offences.
You need to know what you are dealing with here, even more so with a court claim due, or things can go wrong.

why did your vehicle get a parking charge notice, and where?
do not attempt to guess the drivers id at this stage

acconomics

The penalty notices that I previously received were from the parking management plus solicitor. 

My vehicle is not involved at all. They have my name only.

The vehicle involved is not related to me directly or indirectly. Moreover, the offences took place outside my city of residence,  which I never visited in the last couple of years.

I tried my level best to explain to them that I was not involved but in vain.  

Le_Kirk

acconomics said:

I have received the following forms. They are claiming £335 plus legal costs of £50. I have not completed any other forms so far (apart from responding to their emails and letters)

1) N1 STD Claim Form
2) N9 A (Form of admission)
3) N9B (STD) Defence and counterclaim
4) N9 SDT Response pack

Ah, you do have a N1 claim form then.  Follow the advice in the NEWBIE sticky second post on how to submit the AoS but do not do it before the 9th October (this will give you the maximum time for writing your defence) and one of our regulars, @KeithP will be along to give you some deadlines for your defence and point you at the defence template.  Seems to me that you have a solid defence.

KeithP

acconomics said:

The date of issue is the 4th of October 2021.

1) N1 STD Claim Form

It's a N1SDT Claim Form. Detail is important at this end of the game.

With a Claim Issue Date of 4th October, you have until Monday 25th October to file an Acknowledgment of Service. Do not file an AoS before 9th October, 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 in a timely manner, you have until 4pm on Monday 8th November 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.

Do not try and file a Defence via the MoneyClaimOnline website. Once an Acknowledgment of Service has been filed, the MCOL website should be treated as 'read only'.

Half_way

as mentioned are these really penalty notices?
or parking charge notices?

if this is a private company then there will be no offence committed, and no penalty due.

it may seem pedantic, but terms and words are important and if you want to go down the  counterclaim route its important to understand this.

more info needed so we can help you