County court claim form

Jonaleo

hello, I am new to the forum and I need assistance to prepare to go to court to defend a PCN. I have received a county court claim form on 14th of October and I asking for assistance for steps to follow.  I have tried to read the newbie post but it is still not very clear to me. I read somewhere on the claim form saying you can respond online; is it the same as acknowledging or this is only when I want to submit my evidence? really appreciate your help. 

Coupon-mad

Hi, you do need to only read:

(i). the second post of the NEWBIES thread (there is a page by page screenshot link there showing how to do the AOS online). Not sure how that could be made clearer but I am always happy to listen to suggestions;

(ii) the template defence thread.  Also an Announcement at the top of this forum.  It is easy, takes half an hour to adapt to your case.

Then you email it as it is too large for the MCOL boxes online which you MUST NOT USE at all after doing the AOS.  Do NOT click 'start defence'.

What's the actual sate of issue of the claim form, not the date you received it?

Which PPC?

Which solicitor?

What were the circumstances of the event, type of car park, what happened to get a PCN?

Jonaleo

it is a private property that has pub, during lockdown  I went to the supermarket and this private parking is next to it I didn't see the signage, I just saw that the parking was empty and parked my car there. I moved house three month earlier and my old car was still on old address, i was planning to scrap the car so I though why take the hassle to get new log book and then scrap it. so the PCNs went to the old address. I received letter from debt collector asking me to pay the PCN, later after I received another PCN for my new car demanding payment for failing to register my car at reception ( this shows I was not aware of the signage and camera) this time not from the debt collector but from the parking management company and I appealed immediately and told them that it can not be a breach of contract because the pub was closed. they revoked the PCN and that was it. but the one from debt collector who is a client of the same parking management company, have continuously demanding payment and have gone to the point that they are taking this to court and this is where I stand. my argument have been the same that it can not be a breach of contract if no one was there to register my car. sorry for statement of ''not clear'' on my previous post but I wanted to say not clear where to find the steps. 

KeithP

You say you have "received a county court claim form on 14th of October".

Now please tell us the Issue Date on that County Court Claim Form.

Jonaleo

issue date 12th of October

KeithP

Jonaleo said:

issue date 12th of October

With a Claim Issue Date of 12th October, you have until Monday 1st November to file an Acknowledgment of Service but 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 15th November 2021 to file your Defence.

That's almost 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'.

Jonaleo

Thank you very much for your help,  please  if you can advise different approach to my defence please help, my main defence have been to argue about not breaching the contract because there were no one at the pub to register my car, is this sufficient or not thanks. please I may not respond directly to a post because I am going to work but will respond when I come back from work. also how do you get to newbie old posts 

KeithP

Jonaleo said:

Thank you very much for your help,  please  if you can advise different approach to my defence please help, my main defence have been to argue about not breaching the contract because there were no one at the pub to register my car, is this sufficient or not thanks. please I may not respond directly to a post because I am going to work but will respond when I come back from work. also how do you get to newbie old posts 

I gave you a direct link to the second post of the NEWBIES thread.

I also stated...

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.

Jonaleo

Thanks, I have seen the steps about AOS and I'm about to start acknowledging it. About the government gateway, I have government gateway that I use for personal tax account, do I use the same or do I need to get a new one for money claim?  

Jonaleo

never mind the same gateway worked, should have tried before asking, my bad

Jonaleo

Hello, thanks for the guidance, I have acknowledged the claim online, now please I need advice how to prepare my defence, I have read the available template, but my case is a little bit different. The private car park I packed has a pub and there is no any time limit or grace period. But the signage states something like this “ users of this car park have to register the car at reception failure will result in 100 pounds fine” . I packed my car when I went to the supermarket next to the pub during total li