Small claims court

chenyu

Yes, I have received these letters. My defence was that at no point was my vehicle stationary or in a parking bay hence no ticket was needed as the signs around all we're about parking .here is the signs

Jenni_D

So why are you asking us about what Defence to file with the CCBC if you've already filed one? What exactly did your defence say?

If you've already filed a defence then the stage you're at now is the Defence Questionnaire (N180 DQ). How to complete that is already part of the guide to the court process linked in the NEWBIES FAQ - the 12 numbered steps you should have been following. Thereafter it is Witness Statement time in several months (if the PPC decides to proceed to a hearing - which they may well do if your filed defence is poor).

chenyu

Ah ok sorry I didn't realise I had already done that 😔. I think the N180 DQ has been sent in to. It was done before I knew about this site or looking for help. I guess I will have to wait and see what they do next 😕

Coupon-mad

You should be reading the NEWBIES thread section under the red heading in capitals: 'IMPORTANT - KNOW WHAT HAPPENS WHEN' and be ready for the next stages, so that you know what to do.

Redx

Dannie23 said:

Ah ok sorry I didn't realise I had already done that 😔. I think the N180 DQ has been sent in to. It was done before I knew about this site or looking for help. I guess I will have to wait and see what they do next 😕

It doesn't say that on you claim history above !

When was the N180 sent ? By what method ? Email or post ?

You really do need to expand your statements as replies such that we don't keep asking questions ! Be specific , not vague

Currently you need to ensure the the DQ has been received and logged , which it's not in your MCOL history above

They reopen tomorrow I believe ! Check ! Do not assume

A quick version of your defence is as follows

Not the driver , but a passenger ( driving lesson with family member )
No keeper liability ? ( POFA 2012 ) ?? , Possibly , so check !
Poor and inadequate signage
No landowner authority

Etc

Driving round a private car park for an hour with no parking involved , with the defendant as a passenger , will heavily rely on POFA !!  Wrong person in the dock !

chenyu

I did fill it out as it was the form that said if I would do meditation but will check tomorrow .thank you 

Redx

Dannie23 said:

I did fill it out as it was the form that said if I would do meditation but will check tomorrow .thank you 

Maybe so , but filling it out doesn't mean submitted , received and logged

You claim history shows none of those 3 things at the moment ! So yes , check , chase , email again if you have to

chenyu

Called the court no N180 DQ form received so have to do another one today 😕

Redx

Dannie23 said:

Called the court no N180 DQ form received so have to do another one today 😕

Thought so , so download the pdf , fill it in , email it to the ccbcaq email address ASAP , check for email auto receipt as an acknowledgement in your spam folder , trash folder and inbox folder

The auto email reply is proof of submission and receipt

Pedant complaint mode ON , you called the CCBC in Northampton , there is no court involved , yet , your DQ nominates the court of your choice !

D_P_Dance

Total amount £250.06

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/