Claim form received from County Court 11 December 2021 at 12:21AM in Parking tickets, fines & parking 44 replies 504 views

Khas

Dear All

I opened a discussion on 27/02/20 for receiving a PCN from UKCPM for parking my car on a private car park for which I received some really useful advice and the discussion closed later on so I have opened this new discussion as I need your valuable advice one again.

After receiving PCN from UKCPM I received some letters from Trace legal dept demanding the charges and then a couple of months ago I received a letter from Gladstone’s solicitors threatening to refer the case to the County Court. I ignored all these letters as per advice received on my previous discussion and waited for the letter from County Court.

Finally, yesterday I received a claim form from the County Court with a response pack for acknowledgment of service, admission and defence and counterclaim forms and I have 14 days to respond starting from 08/12/21. The total amount claimed is £282.86.

I would once again request your valuable advice on this matter and would really appreciate your support.

I am not sure if you can still view my old discussion but if it’s not available anymore then I can copy and paste all the posts for your reference,

Thank you in advance 

kindest Regards
Khas

Redx

its here  https://forums.moneysavingexpert.com/discussion/6108752/trace-debt-recovery-letter-received-need-help-please#latest

pm soolin or savvy and ask them to reopen it and merge the 2 threads into one

is the issue date on the claim form 8th december ?

if yes , you have 19 days to do the AOS not 14 days, but dont do the AOS online until next tuesday , in order to get the full 33 days

KeithP

What is the Issue Date on your County Court Claim Form?

Khas

Thanks for your replies guys the issue date on letter is 02/12/21. 

D_P_Dance

The total amount claimed is £282.86.

They have added what appears to be an extra unlawful amount for debt collection. This amounts to double recovery and Judges all over the country are dismissing these spurious additions. Indeed some judges have dismissed entire claims because of this. Read this and complain to Trading Standards and 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, 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 the solicitor, if one is involved They are fully aware of the unlawful nature of most of thse additions yet persist in adding them..

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

Le_Kirk

You should refer to the NEWBIE sticky and find the link that shows you how to complete the AoS; this will buy you some more time to compile your defence.  Forum regular @KeithP will be along to give you some deadlines and advice about where to find the standard template defence.  However, looking at your previous thread, you will have your work cut out to try to come up with a defence that will work in court, i.e. convince a judge!  That is no reason why you shouldn't try.

Khas

Thanks for all the information and advice guys should I complete the AoS or wait for some days please 

Redx

Khas said:

Thanks for all the information and advice guys should I complete the AoS or wait for some days please 

Do it before next weekend , so the sooner the better , do it online following the guide on here ! Do not put anything in the defence box , you will email the Defence pdf before early January 2022

KeithP

KeithP said:

What is the Issue Date on your County Court Claim Form?

Khas said:

Thanks for your replies guys the issue date on letter is 02/12/21. 

With a Claim Issue Date of 2nd December, you have until Tuesday 21st December 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 Tuesday 4th January 2022 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 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'.

Khas

Thank you for the useful advice KeithP. Much appreciated guys

Khas

Just completed the AoS folks. Thanks for all your support.
Now need to produce the Defence as instructed.
Can I share my Defence here before submitting it, just to confirm I have not missed anything and to get further advice please.