BW Legal - NCP several tickets, Claim Form received, AoS done

GreatDriver

Hi
Thank you for having this forum here, I'm grateful it exists
Similar post 3 years ago - lots of Your help but guy decided to pay at the end - post closed.
Me: Taxi driver - many different PCNs in past from a city or airports etc -many appeals , phone calls, lots of wins some loses but  first Court Claim. I have read lots of different threads, watched the video of MP's speeche, now trying to collect all the information and make the best DEFFENCE.

When : Parking happened in August - September 2019 (explaining that time for appeal bla bla bla had extended the deadline for payment till October 2019)
WHERE: Small City - Train station area with 20 minutes parking + 5 minutes grace period
WHAT HAPPEND BY NOW: 

• letters, reminders, debt collector's letters - all ignored and filed.
• photographs 'in' and 'out' attached
• no appeals, no nothing
• CCBC Claim form received
• special delivery letter sent to BW Legal and NCP (last one sent it back to sender) with a request to withdraw the claim explaining I was on duty (appropriate licenses attached)
• AoS submitted online
• short time left for submitting the defence. (I understand the deadline is an Issue date on the Claim Form +28th day 4pm)

I thought it would be easy and straightforward to write that as a Taxi Driver you come to the Train Station area few hundred times a year and its obvious you have sometimes passengers to drop off that need help, then you get a job to collect someone  just after the drop off, but as people sometimes order taxi still sitting on the train waiting time varies. Also its a very busy place and sometimes it takes few minutes just to get in , and few minutes to get out (one person tries to drive out of the spot for 2 minutes blocking all the traffic, then another one, sometimes you cruise around for few minutes trying to park after the drop off but your clock is already ticking for few minutes).
Additionally you might want to go and use services once you are there and grab a coffee (I do have subscription in local coffeeshop).
On Photographs you can clearly see my council license stickers / badges and it would be sensible by NCP not to issue a thicket for 'overstaying' 10-15 minutes for a Private Hire Car.

• Is it adequate Defence?
• Is it actually not to late for them to take it to Court after 2 years of the exact dates of parking?
• Do I need to fill in Directions Questionnaire (found in this forum's link) and attach it in Money Claim service?
• Is it better to agree to be referred to  Small Claims Meditation Service?  
• Do I need to read what Small Claims Track is?
• I will try to change the Venue, is it a great chance it will be moved to my town? What arguments are best. (I'm sorry if I missed this info sowhere in this forum, if so will try to find it

P.S. Will share my experience with few colleges who have same issue right now.

KeithP

I'll not comment on your Defence but will answer, and ask, a few questions.

They have up to six years to chase an alleged debt through the courts.

Directions Questionnaire comes later - after you have filed a defence. At that time you get to choose your local court.

Mediation is pointless in these type of cases.

Most of the information you now need is in the second post in the NEWBIES thread.


You have a few more days than you think to file a Defence.
What is the Issue Date on your County Court Claim Form?
Upon what date did you file an Acknowledgment of Service? Your MCOL Claim History will have the definitive answer to that.

Which railway station?

Coupon-mad

GreatDriver said:

I thought it would be easy and straightforward to write that as a Taxi Driver you come to the Train Station area few hundred times a year and its obvious you have sometimes passengers to drop off that need help, then you get a job to collect someone  just after the drop off, but as people sometimes order taxi still sitting on the train waiting time varies. Also its a very busy place and sometimes it takes few minutes just to get in , and few minutes to get out (one person tries to drive out of the spot for 2 minutes blocking all the traffic, then another one, sometimes you cruise around for few minutes trying to park after the drop off but your clock is already ticking for few minutes).
Additionally you might want to go and use services once you are there and grab a coffee (I do have subscription in local coffeeshop).
On Photographs you can clearly see my council license stickers / badges and it would be sensible by NCP not to issue a thicket for 'overstaying' 10-15 minutes for a Private Hire Car.

• Is it adequate Defence?

No, you need to use our resources and add to the template defence.  You have time.

D_P_Dance

Have you complained to your MP?

GreatDriver

D_P_Dance said:

Have you complained to your MP?

No, not yet, I'm going to do it later.

GreatDriver

Received a letter in the meantime from them 'it's not to late blablabla', which obviously works both ways.

KeithP said:

I'll not comment on your Defence but will answer, and ask, a few questions.

They have up to six years to chase an alleged debt through the courts.

Directions Questionnaire comes later - after you have filed a defence. At that time you get to choose your local court.

Mediation is pointless in these type of cases.

Most of the information you now need is in the second post in the NEWBIES thread.


You have a few more days than you think to file a Defence.
What is the Issue Date on your County Court Claim Form?
Upon what date did you file an Acknowledgment of Service? Your MCOL Claim History will have the definitive answer to that.

Which railway station?

Cambridge railway station

Issue date 5th of Oct
AoS submitted 20th
AoS received 21st

KeithP

GreatDriver said:

KeithP said:

I'll not comment on your Defence but will answer, and ask, a few questions.

They have up to six years to chase an alleged debt through the courts.

Directions Questionnaire comes later - after you have filed a defence. At that time you get to choose your local court.

Mediation is pointless in these type of cases.

Most of the information you now need is in the second post in the NEWBIES thread.


You have a few more days than you think to file a Defence.
What is the Issue Date on your County Court Claim Form?
Upon what date did you file an Acknowledgment of Service? Your MCOL Claim History will have the definitive answer to that.

Which railway station?

Issue date 5th of Oct
AoS submitted 20th
AoS received 21st

With a Claim Issue Date of 5th October, and having filed an Acknowledgment of Service in a timely manner, you have until 4pm on Monday 8th November 2021 to file your Defence.

That's a little over a 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.

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'.

GreatDriver

Wow, nice one 

Coupon-mad said:

GreatDriver said:

I thought it would be easy and straightforward to write that as a Taxi Driver you come to the Train Station area few hundred times a year and its obvious you have sometimes passengers to drop off that need help, then you get a job to collect someone  just after the drop off, but as people sometimes order taxi still sitting on the train waiting time varies. Also its a very busy place and sometimes it takes few minutes just to get in , and few minutes to get out (one person tries to drive out of the spot for 2 minutes blocking all the traffic, then another one, sometimes you cruise around for few minutes trying to park after the drop off but your clock is already ticking for few minutes).
Additionally you might want to go and use services once you are there and grab a coffee (I do have subscription in local coffeeshop).
On Photographs you can clearly see my council license stickers / badges and it would be sensible by NCP not to issue a thicket for 'overstaying' 10-15 minutes for a Private Hire Car.

• Is it adequate Defence?

No, you need to use our resources and add to the template defence.  You have time.

So, what I've written above needs to be put in numbers 2 and 3 somehow. The rest stays as it is in the template + update the statement of Truth of course. Thank you

KeithP

Was this on railway property?

If so then it is probable that any driver's liability cannot be transferred to the keeper.

GreatDriver

And also:
SAR - did I miss that point doing already AoS or shall I do it after submitting the defence once it's ready?

KeithP

GreatDriver said:

And also:
SAR - did I miss that point doing already AoS or shall I do it after submitting the defence once it's ready?

But you said earlier that you filed an Acknowledgment of Service on 20th October and MCOL shows it as received on 21st October.
Is that not right?

Send a Subject Access Request anytime you like. The response will be far more useful at Witness Statement time anyway.