CCBC relating to 5 year old ticket

KeithP

iad77 said:

KeithP said:

You haven't said, but it sounds like you may have received a County Court Claim Form.
If that's so, please tell us the Issue Date on that form.

Issue date 24/11/21

iad77 said:

Fruitcake said:

When you do the AoS, do not put anything at all in the defence box. Absolutely nothing.

I did the AoS online and only ticked the box, following the instructions from the newbie post.

With a Claim Issue Date of 24th November, and having filed an Acknowledgment of Service in a timely manner, you have until 4pm on Wednesday 29th December 2021 to file your Defence.

That's nearly 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 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'.

D_P_Dance

and now I just received this CCBC letter claiming £316.56

They have added what appears to be an extra unlawful amount for debt collection. This amounts to double recovery and some Judges have dismissed an entire claim because of this. Read this and complain to your MP.

Excel v Wilkinson

At the Bradford County Court, District Judge Claire Jackson (now HHJ Jackson, a Specialist Civil Circuit Judge) decided to hear a 'test case' a few months ago, where £60 had been added to a parking charge despite Judges up and down the country repeatedly disallowing that sum and warning parking firms not to waste court time with such spurious claims.   That case was Excel v Wilkinson: G4QZ465V, heard in July 2020 and leave to appeal was refused and that route was not pursued.  The Judge concluded that such claims are proceedings with 'an improper collateral purpose'.   This Judge - and others who have since copied her words and struck dozens of cases out in late 2020 and into 2021 - went into significant detail and concluded that parking operators (such as this Claimant) are seeking to circumvent CPR 27.14 as well as breaching the Consumer Rights Act 2015.   DJ Hickinbottom has recently struck more cases out in that court area, stating: ''I find that striking out this claim is the only appropriate manner in which the disapproval of the court can be shown''.

https://www.dropbox.com/s/16qovzulab1szem/G4QZ465V%20Excel%20v%20Wilkinson.pdf?dl=0

However, a VCS appealed this so it may not apply in all cases, read this

https://www.dropbox.com/s/ntksx9g7177ahyg/VCS v Percy v1 Amendments (2).pdf?dl=0Also read this

https://forums.moneysavingexpert.com/discussion/6279348/witness-statements-2-transcripts-re-parking-firms-false-costs-recorder-cohen-qc-judgment-2021/p1

Also consider complaining to The SRA about any solicitor. involved  They are full aware of the unlawful nature of this addition yet persist in adding it.

https://www.sra.org.uk/consumers/problems/

iad77

Hope everyone had a great Christmas, I've had covid the last week from someone at work and been unable to do anything, but stressing out about writing and sending this defense letter. After I'd sent the request for information I heard nothing for a week then realised my email didn't notify me of the reply Gmail buried the reply at the bottom of the mail I'd sent them and now I can't open the attachment on my phone so just need to get to a PC asap.

Do you think I can apply for more time due to covid ? 

Redx

iad77 said:

Hope everyone had a great Christmas, I've had covid the last week from someone at work and been unable to do anything, but stressing out about writing and sending this defense letter. After I'd sent the request for information I heard nothing for a week then realised my email didn't notify me of the reply Gmail buried the reply at the bottom of the mail I'd sent them and now I can't open the attachment on my phone so just need to get to a PC asap.

Do you think I can apply for more time due to covid ? 

No , or if you did it would probably cost you money , tomorrow is your deadline and they don't open until tomorrow morning , UKPC can apply for a default judgment on Thursday

I suggest that you get on with drafting your defence whilst you are isolating , no need to go out , email is being used , plus the internet for research. Stop putting it off , read other recent defences and adapt a close match

Show us your adapted few paragraphs below ( do not post the rest of the template , it's your homework being checked not coupon mads

iad77

So apparently a spa place has a few spaces in the same place as the hotel car park, I remember seeing no signs clearly stating that the bay I parked in was not part of the hotel car park, there is a UKPC sign but I assumed that was from the hotel and as I was booked in to stay there I didn't think it applied to me. The photos just show my car parked in a bay, no signs for the spa place or anything. 

iad77

No prominent signs from the spa which apparently shares the hotel car park..

Redx

Ok , so show us the draft of your paragraphs 2 & 3 that you have adapted , after looking at a few others , so we can assist you

Poor and inadequate signage is a factor in this , from your own account

If you are defending as a keeper and driver , say so in 2 , but liability is denied

No evidence is submitted with the text only defence

iad77

It is admitted that the Defendant was the registered keeper and driver of the vehicle in question but liability is denied.  

From the dates of 02/12/2016 to the 09/12/2016 I was staying at the travel lodge in Camberley which was booked through my employer. I parked at the hotel in the designated car park around 11am and proceeded directly to my place of work. Upon returning after work around 11pm I discovered a ticket placed on my windscreen, I queried this with the hotel reception and she informed me that I would have to speak directly to the ticketing company. 

I was informed that I had parked in another businesses allocated bay yet there were no visible signs stating this, and as it was the car park area for the hotel where I was booked to stay I had no reason to think I was at fault, if I had been at all aware of the restrictions I would not have parked in a supposed private space. 

Redx

iad77 said:

It is admitted that the Defendant was the registered keeper and driver of the vehicle in question but liability is denied.  

From the dates of 02/12/2016 to the 09/12/2016 I was staying at the travel lodge in Camberley which was booked through my employer. I parked at the hotel in the designated car park around 11am and proceeded directly to my place of work. Upon returning after work around 11pm I discovered a ticket placed on my windscreen, I queried this with the hotel reception and she informed me that I would have to speak directly to the ticketing company. 

I was informed that I had parked in another businesses allocated bay yet there were no visible signs stating this, and as it was the car park area for the hotel where I was booked to stay I had no reason to think I was at fault, if I had been at all aware of the restrictions I would not have parked in a supposed private space. 

So that is a witness statement describing what happened , as if you were on the stand in court and describing what happened

We want you to post a draft defence to the main charge , the particulars of claim , in the manner seen in other approved defence , using a few numbered paragraphs starting at 2

The first paragraph above is 2 and is ok

The following words are not used in a defence , My , Me , Myself & I

It's defendant and claimant

iad77

Ok sorry, I'll amend the defense.

I've just been in touch with the hotel and they said I need to email the manager there, I told them what happened exactly and was told it sounds like my registration plate wasn't put onto the system until the evening (as I had to go directly to work as soon as I arrived in the morning) 

They said I can email the manager and tell him everything that happened and he could help.