County Court Claim Issue Date 13th May '22

Billy_Bamford

Now here's the thing....
On an evening back in December '19, my partner went to collect our son in my car from a Bowling complex - where he was for a Xmas trip with Cub-Scouts. 
My partner gave herself plenty of time to drive there, bearing in mind the nature of the roads (winding country roads with many ascents and descents), plus the common occurance of winter fog. She arrived there 20 minutes early and stays in the car and waits in the car park - son comes out on time and home they go. 

About a week later, Parking Charge Notice arrives in the post! We were surprised to say the least, especially when we've been to the same venue countless times before. We found out that three other parents in the same Cub-Scout group had also received PCNs. We later learned that the car park was managed by UKPC- parking remained F.O.C., but you had to imput your VRN into a computer on the reception desk. At no point did my partner notice any signs at the entrance or within the car park stating that there was new Parking T&Cs, nor was she aware of the necessity to input VRN. 

Anyhow, I chose to ignore all the letters relating to this charge; threatening letters from; Debt Recovery Plus, ZZPS, dcbl and QDR. And lastly a County Court Claim from the Business Centre in Northampton (which I almost ignored, but thankfully didn't!)

The Issue Date was 13th May '22.
I submitted AoS on 1st June '22.
I have read plenty of threads on here, including the **NEWBIE** and have completed my first defence draft.
I would be grateful if any Wise One could critique my draft.

Thanks in advance! 

Jenni_D

People will be happy to critique ... you'll need to post it first though.

(Only the bits you've changed - no need to post the whole template).

BTW I think the AOS was quite close to the wire - right on the 14+5 days ... I'm sure @KeithP will be along shortly to confirm dates. Normally I would have said the defence must be filed by 4pm this Wednesday 15th, but the Jubilee public holidays may extend that to 4pm this Friday 17th.

Billy_Bamford

First draft will follow shortly....🤞

Billy_Bamford

Jenni_D said:

People will be happy to critique ... you'll need to post it first though.

(Only the bits you've changed - no need to post the whole template).

BTW I think the AOS was quite close to the wire - right on the 14+5 days ... I'm sure @KeithP will be along shortly to confirm dates. Normally I would have said the defence must be filed by 4pm this Wednesday 15th, but the Jubilee public holidays may extend that to 4pm this Friday 17th.

Thanks for a super quick reply! Close to the wire? Tell me about it! 😬
I tried to post a copy of my draft through my phone but without success, so will have to upload it from my sons' PC, but it Password-protected so will have to wait til they're home from school - 15 mins hopefully! 

Coupon-mad

Typo: 'drier'.

...but has not admitted they were the driver of the vehicle at the time of the charges.

Why not? This sounds disingenuous and you are not doing what the Template Defence tells you to do. Either admit you were or explain you were not, OR that you do not know/have seen no evidence to assist in identifying the driver of the family car which is used by more than one driver.

Billy_Bamford

Coupon-mad said:

Typo: 'drier'.

...but has not admitted they were the driver of the vehicle at the time of the charges.

Why not? This sounds disingenuous and you are not doing what the Template Defence tells you to do. Either admit you were or explain you were not, OR that you do not know/have seen no evidence to assist in identifying the driver of the family car which is used by more than one driver.

So, would a simple "...but was not the driver of the vehicle at the time of the charges due to work commitments. " suffice? 

Billy_Bamford

Or "....but denies being the driver..."?

Umkomaas

Billy_Bamford said:

Coupon-mad said:

Typo: 'drier'.

...but has not admitted they were the driver of the vehicle at the time of the charges.

Why not? This sounds disingenuous and you are not doing what the Template Defence tells you to do. Either admit you were or explain you were not, OR that you do not know/have seen no evidence to assist in identifying the driver of the family car which is used by more than one driver.

So, would a simple "...but was not the driver of the vehicle at the time of the charges due to work commitments. " suffice? 

Might do, but if the UKPC Notice to Keeper was compliant with the Protection of Freedoms Act 2012 (Schedule 4), the registered keeper can be held liable. Can you confirm whether the NtK was PoFA compliant or not?

Billy_Bamford

Umkomaas said:

Billy_Bamford said:

Coupon-mad said:

Typo: 'drier'.

...but has not admitted they were the driver of the vehicle at the time of the charges.

Why not? This sounds disingenuous and you are not doing what the Template Defence tells you to do. Either admit you were or explain you were not, OR that you do not know/have seen no evidence to assist in identifying the driver of the family car which is used by more than one driver.

So, would a simple "...but was not the driver of the vehicle at the time of the charges due to work commitments. " suffice? 

Might do, but if the UKPC Notice to Keeper was compliant with the Protection of Freedoms Act 2012 (Schedule 4), the registered keeper can be held liable. Can you confirm whether the NtK was PoFA compliant or not?

Obviously I'm a layman on such matters. 
So, if I omit "...but has not admitted they were the driver of the vehicle at the time of the charges." from point 2, then the remaining parts -  2 i) and 2 ii) become irrelevant and cannot be included? 

Billy_Bamford

Billy_Bamford said:

Umkomaas said:

 Can you confirm whether the NtK was PoFA compliant or not?

Not sure, here's a snippet...

KeithP

Billy_Bamford said:

The Issue Date was 13th May '22.
I submitted AoS on 1st June '22.

With a Claim Issue Date of 13th May, and having filed an Acknowledgment of Service in a timely manner, you have until 4pm on Wednesday 15th June 2022 to file your Defence.

That's just two days away. Plenty of time to produce a Defence.

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'.