CCBC Claim Form & defence

CappersM

Hi - I have received a Claim Form from the County Court dated 14 Jun 2022 for a PCN issued by UKCPM Ltd July 2019.  On 17 Jun 2022 the Acknowledgement of Service was submitted.  The process of pulling together the Defence based on the templates you have provided has started, however, the LBC and Claim form are all addressed to the Defendants old postal address and used the Defendants maiden name.  The Defendant is now using a married name and has a different address.  Should the Defence and WS be written by Defendant using married name or maiden name? 

Coupon-mad

Married name - did you already put this right in the AOS (where it said 'name if different')?

Also clarify the difference in the name and service address in your covering email that sends the defence to the CCBC and the claimant's solicitors, telling them to ERASE (use that word) the incorrect data. You could append a copy of the V5C for the car to prove it's you at the right address (assuming the V5C shows your new name and address)?

CappersM

Ok, thanks.  I shall clarify the difference in the covering email and ask the claimant's solicitor to ERASE the incorrect data.  The V5C is in married name with the correct address.

KeithP

CappersM said:

Hi - I have received a Claim Form from the County Court dated 14 Jun 2022 for a PCN issued by UKCPM Ltd July 2019.  On 17 Jun 2022 the Acknowledgement of Service was submitted.

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

CappersM

The acknowledgment of service was submitted on 17/06/2022 at 14:34:15

The acknowledgment of service was received on 17/06/2022 at 16:05:06

KeithP

With a Claim Issue Date of 14th June, and having filed an Acknowledgment of Service on 17th June, you have until 4pm on Friday 15th July 2022 to file your Defence.

That's nearly 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 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'.

CappersM

Hello all, just an update. Submitted defence 20/06/22, N180 completed and returned 29/07/2022, WS posted 30/08/22. No WS or any evidence from Claimant yet. Notice of Transfer of Proceedings to different court received 7/9/2022 and I have now finally received the notice of allocation to small claims track, and have been given a hearing date of 23 Feb 2023.  Is there anything I have missed?  I was reading the robertcox999 thread and am a little confused, do I need to send the WS also to the court now or at least no later than 14 days prior to hearing date?  Here's a redacted version of my WS for what its worth?

KeithP

Where did you send your Witness Statement in August?
There was no requirement to file a WS anywhere at that time.

Suggest you send your Witness Statement and evidence to the hearing court within the timescale specified on your Notice of Allocation. Remembering to send a copy to the Claimant.

Coupon-mad

Seconded.  Not sure how and why a WS was posted (where?) only a month after. DQ?

Too early.  Where was it sent and why?

And the fact you have Crosby (outdated) and not Wilkinson, tells us you've based it on the RobertCox example you mention, still currently linked in the NEWBIES thread, which is fair enough (..my bad).

But that's superseded by 2022 example WS bundles, e.g. the one by @aphex007 so start again with that one and Excel v Wilkinson.  NOT CROSBY.

CappersM

Thanks Keith, the WS was posted to the Claimant's solicitor, Gladstones.  Probably a bit too early! Will send WS and evidence to the hearing court. It does say no later than fourteen days before hearing.

Le_Kirk

If you haven't sent it to court then suggest you rewrite it using the exemplar suggested by @Coupon-mad and use the recommended Wilkinson.  Send a copy to claimant's solicitor and you cannot be accused of ambushing them.