County Court claim form

R4hr4h

Hi all, 

I had a thread here in 2018 about a parking fine at a service station:
https://forums.moneysavingexpert.com/discussion/5899918/cpplus-popla-appeal#latest

Today I've received a claim form for in the County Court business centre. The total now being £300 😲

Is there anything I can do about this? 

Thanks 

KeithP

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

Trainerman

R4hr4h said:

Hi all, 


Today I've received a claim form for in the County Court business centre. The total now being £300 😲

Is there anything I can do about this? 

Thanks 

Yes loads. Answer @KeithP and he will be able to help with timings. Then start half way down second post in Newbies, which points you in the direction you have to research and follow. Knowledge is your friend, Come back with questions, draft of defence and so on

D_P_Dance

t is not a fine.  Please read the newbies and complain to your MP.

Coupon-mad

R4hr4h said:

Hi all, 

I had a thread here in 2018 about a parking fine at a service station:
https://forums.moneysavingexpert.com/discussion/5899918/cpplus-popla-appeal#latest

Today I've received a claim form for in the County Court business centre. The total now being £300 😲

Is there anything I can do about this? 

Thanks 

Read the 2nd post of the NEWBIES thread and defend the case and win, like most people here.

Please answer KeithP's question and he'll provide some links.

R4hr4h

KeithP said:

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

2nd March 2022

KeithP

R4hr4h said:

KeithP said:

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

2nd March 2022

With a Claim Issue Date of 2nd March, you have until Monday 21st March to file an Acknowledgment of Service but there is nothing to be gained by delaying it. 

To file an Acknowledgment of Service, follow the guidance in the Dropbox file linked from the second post in the NEWBIES thread.

Having filed an Acknowledgment of Service in a timely manner, you have until 4pm on Monday 4th April 2022 to file your Defence.

That's over four 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'.

R4hr4h

I've found the thread and read it now.

So I acknowledged receipt now and not wait 5 days? 

I've copied the defence and I want to make sure I've edited 2. and 3. parts of it correctly can I paste them here? And do I wait before sending the defence off? 

KeithP

R4hr4h said:

So I acknowledged receipt now and not wait 5 days? 

If you were to file an Acknowledgment of Service now - on a Sunday - the earliest it will be recorded is on Monday which is five days after the date of issue.

R4hr4h said:

I've copied the defence and I want to make sure I've edited 2. and 3. parts of it correctly can I paste them here?

Yes, if you want any feedback on it.

R4hr4h said:

 And do I wait before sending the defence off? 

It's up to you. There is no advantage in sending a Defence early. You might want to use the time you have honing your Defence to perfection using the feedback you will surely get here.

R4hr4h

Great, I'll get the acknowledgement sent off now. 

2. It is admitted that the Defendant was the registered keeper of the vehicle in question but liability is denied - is this liability for driving or the fine?. I was heavily pregnant and overdue on this date and stopped at the services on my way home in Warrington as I was unable to continue to safely drive due to the pain I was in. My son was born 27/09/2018. He was born by emergency cesarean 5 weeks past his due date. My partner does not have a license and we left as soon as I was able to safely continue the 6 miles home. 

 

3. I did not notice any signs clearly showing the time limit in the car park. It was dark, raining and I was in a lot of pain and considered calling an ambulance. Neither myself or my partner saw anything about parking restrictions, either they were not present or obscured by something. As this was over 3 and half years ago that is difficult to clearly recollect or even revisit the site to see what the condition and position of the signs were at the time. 

Le_Kirk

R4hr4h said:

2. It is admitted that the Defendant was the registered keeper and driver of the vehicle in question but liability is denied.  - is this liability for driving or the fine?. I was heavily pregnant and overdue on this date and stopped at the services on my way home in Warrington as I was unable to continue to safely drive due to the pain I was in. My son was born 27/09/2018. He was born by emergency cesarean 5 weeks past his due date. My partner does not have a license and we left as soon as I was able to safely continue the 6 miles home. 

 

3. I did not notice any There were no signs clearly showing the time limit in the car park. It was dark, raining, and I the defendant was in a lot of pain and had actually considered calling an ambulance. Neither myself or the defendant nor her my partner saw could see anything about parking restrictions, either they were not present or obscured by something. As this was over 3 and half years ago that it is difficult to clearly recollect or even revisit the site to see what the condition and position of the signs were at the time. 

If you haven't sent that defence yet, you might want to edit it.  Defences are written in the third person, so no "I", "me" or "my" but "the defendant".  Save the story of what happened on the day for your witness statement (WS).  Provided you have introduced the fact there was a vicissitude (look it up) you can expand upon it in your WS.