CCJ PARKING FINE DEFENCE HELP NEEDED

Justicewanted

Hi All

I’ve received a claim form from the County Court Business Centre dated the 9th of February 2022. The date of the alleged offence was June 2020.
I followed the advice on the Newbies thread.
I have no recollection of receiving any previous paperwork this came out the blue. I certainly did not received a letter before action.
Any previous paperwork may have been dismissed as a scam or junk mail.
I’ve gone online and completed the acknowledgment of service this was completed on the 14th of February.
I believe this gives me an extra 28 days from the 9th of February is that correct?
On The 12th of February I requested a DSAR from GROUPNEXUS they have responded saying the information will be sent out within 30 days.
I have also emailed ( I received a generic acknowledgement for the email ) and sent a letter to the solicitors/debt collectors requesting the documents which they are going to rely on in court In accordance with CPR 31.15.
I am not sure of my next steps? I suppose I need to wait to see if I receive any information/evidence?

I have not received any information as it stands.
Can I file my defence online when the time comes or is it better to send a letter?

I would appreciate any help you can give? This is my first time going through the process.

Le_Kirk

Since you have given your date of issue of the claim form and the date you did the AoS, one of the regulars, @KeithP will be along to offer some advice and links to the NEWBIE sticky and thence the template defence.  In that advice you will find an e-mail address for sending your defence.

Justicewanted

Thank you very much I really appreciate your time and effort!

This is a bit daunting!

D_P_Dance

It is not a fine.  Plwease read the newbies on how to get a CCJ set aside, read this

https://www.dailymail.co.uk/news/article-3786132/I-ll-end-credit-rating-scandal-pledges-PM-acts-Mail-exposes-rulings-ruined-lives.html

and complain to your MP as nothing has been done.

Umkomaas

sent a letter to the solicitors/debt collectors requesting the documents which they are going to rely on in court In accordance with CPR 31.15.

Don't be surprised if they refuse or, more likely, ignore your request. 

Scope of this Part

31.1

(1) This Part sets out rules about the disclosure and inspection of documents.

(2) This Part applies to all claims except a claim on the small claims track.

Justicewanted

Thank you Umkomass

What steps should I take next? 

How long should I wait for a reply from the unscrupulous Solicitors/debt collectors ( if I get one at all) ?
What date should I send my denfence?
From what I am reading a telephone call to the unscrupulous solicitors/debt collectors would be futile?

Fruitcake

Read the guide to court written by bargepole that you will find in the second post of the NEWBIES sticky Announcement.

Use the 95% ready written defence template you will find in one of the other sticky Announcements at the top of this forum.

Amend paragraphs 2 and 3 to suit your case, then show us just those two paragraphs.

The defence filing date is generally 33 days from the issue date on the claim form which includes 5 days for the claim to reach the defendant by post, provided you have done the AoS in a timely manner, which you have.
Do not miss the defence filing date, so don't wait until the last day. 

I believe you have just over three weeks to submit your defence, which is plenty of time to read and understand the template points, and for you to write your two paragraphs and have them reviewed before sending it off.

KeithP

D_P_Dance said:

Plwease read the newbies on how to get a CCJ set aside, read this

https://www.dailymail.co.uk/news/article-3786132/I-ll-end-credit-rating-scandal-pledges-PM-acts-Mail-exposes-rulings-ruined-lives.html

and complain to your MP as nothing has been done.

Despite the thread title, there is no Judgment to be set aside.

KeithP

Justicewanted said:

I’ve received a claim form from the County Court Business Centre dated the 9th of February 2022. 
I’ve gone online and completed the acknowledgment of service this was completed on the 14th of February.
I believe this gives me an extra 28 days from the 9th of February is that correct?

With a Claim Issue Date of 9th February, and having filed an Acknowledgment of Service in a timely manner, you have until 4pm on Monday 14th March 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'.

Justicewanted

Thanks Keith P precisely what I needed to know.

Brilliant you guys thanks for your time, patience and effort!

Justicewanted

 It is admitted that the Defendant was the registered keeper of the vehicle in question but liability is denied. The identity of the driver on this date is unknown to the Defendant. The Defendant was not the only user of the vehicle in question and is unable to recall who was or was not driving on an unremarkable date and unspecified time nearly 2 years ago. 

The Claimant has not complied with pre-court protocol in that there was no compliant “Letter before County Court Claim”, under the Practice Direction.  The Defendant asks that the Claimant is required to file Particulars which comply with Practice Directions and include at least the following information;

(i) A copy of any contract it is alleged was in place (e.g. copies of signage)
(ii) How any contract was concluded (if by performance, then copies of signage maps in place at the time)
(iii) Whether keeper liability is being claimed, and if so copies of any Notice to Driver / Notice to Keeper
(iv) Whether the Claimant is acting as Agent or Principal, together with a list of documents they will rely on in this matter
(v) If charges over and above the initial charge are being claimed, the basis on which this is being claimed
(vi) If Interest charges are being claimed, the basis on which this is being claimed

This County Court Claim was the first indication the defendant had received about this matter. Which made the Defendant feel uneasy and harassed in to hastily handing over money in order to avoid further costs down the line, court visits and an impending CCJ that would impact on the Defendant livelihood. The Claimant has therefore failed to comply with the requirements of Schedule 4 of The Protection Of Freedoms Act 2012 namely failing to deliver the notice within the relevant period of 14 days as prescribed by section 9 (4) of the Act. The Claimant cannot, therefore, transfer liability for the alleged charge from the driver at the time to the defendant the keeper. 

Where it is noted that the Claimant has elected not to comply with the 'keeper liability' requirements set out in PoFA, Claimant has included a clear falsehood in their POC which were signed under a statement of truth by the Claimant's legal representative who should know (as the Claimant undoubtedly does) that it is untrue to state that the Defendant is 'liable as keeper'.  This can never be the case with a CP Plus Limited claim because this parking firm, same as any Group Nexus company, have never used the POFA 2012 wording, of their own volition.  Not only does the POC include this misleading untruth, but the Claimant has also added an unidentified sum in false 'damages' to enhance the claims.  So sparse is their statement of case, that the Claimant has failed to even state any facts about the alleged breach or the amount of the parking charge that was on the signage, because it cannot have been over £100. Which then leads to the question, how does the Claimant arrive at the Amount Claimed for a Total of £193.12.The Defendant has excluded the £35 Court Fee & £50 Legal representative's costs from the Total amount for the purposes of this defence point. 

The Parking and Traffic Appeals Service (PATAS) and Parking on Private Land Appeals (POPLA) Lead Adjudicator and barrister, Henry Michael Greenslade, clarified that with regards to keeper liability, “There is no ‘reasonable presumption’ in law that the registered keeper of a vehicle is the driver and the operators should never suggest anything of the sort” (POPLA report 2015)