Had an excess charge notice (private land) September 2016. I won, I think!

Coupon-mad

1505grandad said:

Can the paras from BPA CoP (Version 6 in this case) posted by C-m (5th June 2018) in the following thread be included in the Defence  -  the thread resulted in a win at POPLA:-

https://forums.moneysavingexpert.com/discussion/5809399/ntd-from-lps-local-parking-security-ltd/p4

Yes! I'd forgotten about that post.

TW100

Hi, you guys have been amazing.  Thank you, everyone.

I submitted my AOS last night.  I have 33 days from the issue of claim day as being day 1.  What is the claim day?  The date on which the ticket was issued?

I have been digging deep this afternoon and read through all the threads you have suggested.  

I will send a SAR on Monday morning by email asking for information I have seen in the threads and I will send an email to Gladstone Solicitors too.

I have a couple of questions here
1)  Can the parking company or solicitors remove the court claim before the deadline?  Do they ask to see my defence before the court hearing?
2) Can I ask the parking company for details of their signage and any changes made since my ticket was issued?
I ask this because when I received the NTK I drove down to the restaurant and remember thinking that the signage was poor.  Today, I drove there again and there is now a sign as you drive into the car park, which I don't think was there in 2016!  If the sign at the entrance had been erected after my ticket date, I could use this as a defence too?

My big worry in suggesting I pay at this time is the threat of a CCJ.  I run a charity and would not be able to do this if I get a CCJ. The trustees would ask for my resignation and this would be devastating for me.
 Am I right in thinking then, that if I do fight this and go to court, even if I lose, I can pay the fine which is £310.00 within a timescale, and do not get a CCJ?

Also, coupon-mad, where is the information that ECN time out after 6 months?  If that's the case, why on earth would they risk taking me to court 6 years later?  

1505grandad, I have read your link about a case won, and the wording on my ECN does not fit with the rules under section 8 of the POFA so thank you for this.  I will use this in my defence too.

Coupon-mad

You are right that there is no CCJ risk.  You'd just pay whatever the Judge ordered, which would be less than £200 (assuming this is about a single PCN) which includes the court fees.  No legal fees. Very rare we lose but there's no risk.

and I will send an email to Gladstone Solicitors too.

No. You are not at LBC stage are you?

A real Excess Charge is a creature of statute, a penalty fine that had to be brought before Magistrates (not small claims) court within six months.

By copying that term the Claimant has misled you, which is both a breach of consumer protection law (the UTCCRs, as this is a misleading action and or misleading omission) also unfair and misleading under the CRA 2015 AND a serious breach of the BPA Code of practice (see the link by @1505grandad to a case where I quoted the CoP about misrepresenting authority).

I don't understand why you are asking about the defence.  You know you must defend now and they will see it, the steps are spelt out in the TEMPLATE DEFENCE thread.

What's the DATE OF ISSUE on the claim?

TW100

The issue date on the claim is 9th December.

As there is no risk of a CCJ by going to court, I will continue to fight this. 

I've had the letter before claim.  In the thread, it says to inform the solicitors that I am asking for a SAR.

Umkomaas

TW100 said:

The issue date on the claim is 9th December.

As there is no risk of a CCJ by going to court, I will continue to fight this. 

I've had the letter before claim.  In the thread, it says to inform the solicitors that I am asking for a SAR.

The LBC is water under the bridge as you've now had a claim issued against you. No need to tell the solicitors about the SAR, they won't be interested, and there is nothing they can do, even if they wanted to. 

Coupon-mad

Yes it does, but only when you are at LBC stage, pre-claim.  You are not pre-claim so you can't ask to put the case on hold.

Redx

The 33 days is from the issue date on the claim form , if you had told us this at the beginning the KeithP post would have given you lots of information , instead of asking you for the issue date !

A PCN is an invoice with no expiry , but the claimant has 6 years only to try a court claim , hence why they do so before 72 months from the PCN has elapsed. The Limitations Act 1980 puts that statutory limit on court claims in England and Wales

The claimant can discontinue at any time

The CCBC will send your completed defence to the claimant within a few days of you submitting it !

You xa ask them about signage , but hey will probably ignore you , or refuse to give you the information , until the WS plus Exhibits stage in several months time. Meaning that they won't reveal their cards until fees up time

So yes you can ask , but they can and probably will refuse your request , like in card games !

If you lost in court , pay the judgment promptly , in full , within 30 days to avoid the CCJ being registered , preferably the sooner the better

KeithP

TW100 said:

Yes, A County Court Claim, issue date, 9th  December 2021, St Katherine's House.

TW100 said:

I submitted my AOS last night.

With a Claim Issue Date of 9th December, and having filed an Acknowledgment of Service in a timely manner, you have until 4pm on Tuesday 11th 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 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'.

TW100

Hi all.  I have sent off my SAR this morning, however, as they have up to 30 days in which to respond, which takes us to 19th January 2021 and my defence needs to be submitted by 11th January 2021, is it likely that they will take advantage of this timescale?

Le_Kirk

The data from a SAR will be more helpful at the witness statement stage.  Your defence will be based on legal/technical arguments about why you should not pay the PCN.  Check out what other posters have put in their (successful) defences by trawling the forum.