Cp plus CCBC claim form/defence, need help please. 6 December 2021 at 12:19PM in Parking tickets, fines & parking 7 replies 142 views

Maroonspace8

Hello, 

Firstly thanks for anyone looking at this and willing to provide some help. 

I received  CCBC claim form from Cp Plus attached to this post. 

I have read the forum stickies and understood as best I can what I need to do next. 

The parking charge is from 2017 so I've done my best on creating my defence and I would like some advise to make sure I've followed the correct procedure please and if this defence would be enough. 
 from memory I travelled down the country during a mental health breakdown. I overstayed at a Roadchef services in Tibshelf from memory I fell asleep after parking up. 

Would this be sufficient defence if I explain it was extreme circumstances and I was not in a fit frame of mind, my daughter was due to be born very soon and it was such a shock to me as I was only 22 at the time... Basically running from my problems 

I have filed an Aos on the 4th December 
So I my understanding now is I need to email my defence to CCBC email on the pinned post once I've drafted something up. I just need help with creating the defence and if I need to be doing anything else, should I expect to have a hearing once my defence is filed or are they likely to drop the case?is it worth an attempted appeal to roadchef to drop the case?  I'm so worried about it and I just want it over with. Thanks in advance. 

D_P_Dance

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 DCB Legal, the solicitor. They are fully aware of the unlawful nature of this addition yet persist in adding it.

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

Le_Kirk

You have covered up an important bit of information - the Issue date of the claim form - what is it?  If you let us know that, then one of the regulars - @KeithP - will be along to give you an important deadline.
Use the standard template defence which is one of the first five announcements on the first page of the forum and add your defence as paragraphs 2 & 3.  As far as the defence goes it should be sufficient to say that you were using the motorway rest area for the purpose for which it was designed, REST.  There are Government signs up and down the motorway pleading with drivers that "Tiredness kills - take a break" and when you do, you are penalised.  Save the story of your mental state for the witness statement stage.

Maroonspace8

Le_Kirk said:

You have covered up an important bit of information - the Issue date of the claim form - what is it?  If you let us know that, then one of the regulars - @KeithP - will be along to give you an important deadline.

Oh my bad, issue date of this was 25.11.3021
Aos submitted 04.12.2021

Maroonspace8

Any further advice or help from anyone other than Dance I will submit a complaint my mp and report them to Sea. 

Redx

Maroonspace8 said:

Any further advice or help from anyone other than Dance I will submit a complaint my mp and report them to Sea. 

Email a SAR to the DPO at group Nexus attaching a copy of the claim form and copies of 2 recent redacted utility bills as proof of I D under the GDPR law to obtain all your data

Draft your defence using the defence template by coupon mad at the top of the forum in announcements , adapting paragraphs 2 and 3 and post only your adapted paragraphs below , do not post the rest of the template , we know it's correct information and doesn't need checking !

So between two and six numbered paragraphs , by you , below , for critique

I also suggest that you read a dozen Highview Parking and C p Plus court claim threads from about 6 months ago ,case what they wrote , use anything relevant

KeithP

Maroonspace8 said:

Le_Kirk said:

You have covered up an important bit of information - the Issue date of the claim form - what is it?  If you let us know that, then one of the regulars - @KeithP - will be along to give you an important deadline.

...issue date of this was 25.11.2021
Aos submitted 04.12.2021

With a Claim Issue Date of 25th 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 over three 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'.

B789

@Honey1be you need to start your own thread. Posting your issue on someone else's thread just starts confusion.