Defend or pay

StevenU

Thanks in advance 

KeithP

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

Upon what date did you file an Acknowledgment of Service?
Your MCOL Claim History will have the definitive answer to that.

StevenU

Hi
issue date is 7 December 2021
Filled AOS on 9th

KeithP

StevenU said:

issue date is 7 December 2021
Filled AOS on 9th

With a Claim Issue Date of 7th December, and having filed an Acknowledgment of Service on 9th December, you have until 4pm on Thursday 6th January 2022 to file your Defence.

That's a little over two 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'.

StevenU

Sorry to be a pain but I’m worried if I defend and lose it could possibly double what I already owe. Is that possible?

KeithP

StevenU said:

Sorry to be a pain but I’m worried if I defend and lose it could possibly double what I already owe. Is that possible?

Yes, it certainly is possible, but of course I base that on the fact that you currently owe them absolutely nothing. 

You haven't told us how much they are claiming, but for one parking incident, if you lose the case, the total cost will be around £200.

Anyway, that's enough talk about losing.

StevenU

Amount claimed £230.64
court fee.            £35
legal rep. Costs. £50
total.                   £315.64

KeithP

Yes, so as I said, with a Defence that challenges their add-ons a typical lose would be about £200.

Coupon-mad

We mean it would be LESS than the claim so of course everyone here defends!

Read a dozen or so court/defence threads first then follow @KeithP's pointers for where to find the defence template and all the other court process steps you need to know about.

D_P_Dance

Total £315.64

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/

StevenU

Hi all, I have written my part of the defence,to insert into the template, would it be possible to post it on here for scrutiny, or shall I just take a chance and send it.
 Thanks