PCN - Letter Before Claim

KeithP

sd1234 said:

The issue date on the form is 26 Jan 22, so the day of service will be 5 days later than that according to the back of the form.

With a Claim Issue Date of 26th January, you have until Monday 14th February 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 28th February 2022 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'.

sd1234

Can I please clarify, that I am just amending paragraphs 2 and 3 with my own words and then copying and pasting the remainder wether I understand what is being said or not?

Coupon-mad

What don't you understand, please?  We want you to get it all and be confident!  The remainder only talks about three things:

- signs were unclear = no contract agreed

- no landowner authority evidence

- they added a false sum of money dressed up as damages/debt recovery.


Re that last point, I have redrafted the stuff about the inflated costs, in view of the new statutory Code of Practice:

https://forums.moneysavingexpert.com/discussion/comment/79013290/#Comment_79013290

You can be the first person to try to put that new draft into the template INSTEAD of the stuff talking about Semark-Jullien etc.

Here is some important reading for you and anyone with a PPC court claim now.  Things changed on 7th February, for the better for consumers.

Defences (except ParkingEye ones) need the fact that the Government has banned parking firms and their agents from adding 'costs' on top of the parking charge.

In the Foreword to the new Code, Neil O'Brien MP (who has responsibility for this section of the legislation within the DLUHC) used the phrase: "aggressive debt collection and unreasonable fees designed to extort money from motorists."

https://www.gov.uk/government/publications/private-parking-code-of-practice/private-parking-code-of-practice

In the Response to Technical consultation, it was also observed that consumers had pointed out that the DRAs attached to this industry act on a no-win-no-fee basis and the reasons for the ban are explained in a way that helps existing cases too:

https://www.gov.uk/government/consultations/private-parking-charges-discount-rates-debt-collection-fees-and-appeals-charter-further-technical-consultation/outcome/private-parking-charges-discount-rates-debt-collection-fees-and-appeals-charter-further-technical-consultation-response

The Code's Explanatory document (an Impact Assessment in all but name) is worth reading, too:

https://www.gov.uk/government/publications/private-parking-code-of-practice/private-parking-code-of-practice-explanatory-document-how-was-it-developed-and-what-will-it-change

sd1234

Thanks I have submitted my case, and I added your points about the inflated costs.  Very well written and easy to understand so thanks very much.  I will feed back on the outcome.  Note I didn't include points regarding signs being unclear or no land owner authority.  The points that are included I feel confident to argue in person and are relevant to my individual case.
Thanks again for all advice provided.

Coupon-mad

Ok.

Although going off-piste is not recommended.  Specifically, not arguing about unclear/unseen terms on signs and putting them to prove their landowner authority could come back to bite you.

Both are standard in every single defence and of vital importance, which is why they are in the template.  They aren't designed to be removed.

What's done is done and I hope you have a positive outcome and something compelling to mention in you witness statement and evidence bundle, before the hearing.

Did you get an acknowledgement email back from the CCBC for your attached defence?

sd1234

Yes I received an email of acknowledgement. 
Sounds like I may have made a slight !!!!!! up then but it is my own fault for leaving it until the last minute.  I may well learn the hard way but I will share the outcome to help others in future.
Cheers

Coupon-mad

But there is much more to do, not just the outcome.  That's ages away. You must follow the 12 steps in the Template Defence thread.

sd1234

I have received and completed my N180 questionnaire and I will post the original back to Northampton CCBC.  How would be best to send a copy to the claimant? Am I fine to just send this by post? Does it need to be recorded delivery?

KeithP

sd1234 said:

I have received and completed my N180 questionnaire and I will post the original back to Northampton CCBC.  How would be best to send a copy to the claimant? Am I fine to just send this by post? Does it need to be recorded delivery?

Why have you abandoned that list you were following earlier?

Items 7, 8, 9, 10 and 11 on that list answer your specific questions.

sd1234

Sorry yes you are quite right. All sent by email to the court and claimants solicitors. Thanks for putting me back on track.