Claim form county court parking fine

Coupon-mad

No, that's an appeal.  You are not at appealing a new PCN stage.

That is not the Template Defence from the thread called TEMPLATE DEFENCE - MARCH 2022 which sits at the top (or near to the top) of page one.  

Posterpots

2. It is admitted that the Defendant was the registered keeper of the vehicle in question. 

3. However it is denied that the defendent was the driver of the vehicle in question at the time of the PCN. The nominated driver at the time of the alleged parking was the Defendants husband **** ****. An email dated ***** was sent by the defendants husband to BW legal, instructing them that he was the driver at the time of the parking fine and that all future correspondence should be sent to him.  A reply email sent by BW legal on the ****** acknowledged the contents of the email they had recieved. A request was made on the email for consent either by telephone or signed authorisation. There is nothing in the POFA 2012 about a nominated driver having to supply a signature. Therefore the claimant knew who was responsible for the car at the time of the parking fine and therefore cannot legally pursue the registered keeper of the vehicle. 

Posterpots

Thank you so much for your help and patience. I believe I have now got the correct template. I have put my defence in points two and three. (post above) Please would you check over it again. 

Coupon-mad

Yep that'll do. A bit sparse on detail though.

You could add one more extra paragraph (4) saying something about why the driver was there, what sort of site this is (retail? residential car park?) and why he felt he was permitted and/or had not breached any terms (signs were minuscule, hidden by trees or not well lit?) or the Parking Charge was unfair (because he was only there loading or dropping off a passenger or whatever).

Fruitcake

Change the word fine to charge.

KeithP

@Posterpots, have you filed a Defence yet?

If not, please tell us the Issue Date on your County Court Claim Form.

Posterpots

Hi, sorry ive only just seen this post above. 

Yes I filled my defence. I recieved my directions questionaire (small claims track) on thursday, it needs to be returned by the 19th august. 

Please could anybody help advise? 

Can this be done online or does it need to be done through the post? 

Also the first question is-Do you agree to this case being referred to the small claims mediation service? 
Im not really sure what to put for this.  Yes or No?

Thanks for your help 

KeithP

Posterpots said:

I recieved my directions questionaire (small claims track) on thursday, it needs to be returned by the 19th august. 

Please could anybody help advise? 

Can this be done online or does it need to be done through the post? 

Also the first question is-Do you agree to this case being referred to the small claims mediation service? 
Im not really sure what to put for this.  Yes or No?

Thanks for your help 

Go back to that checklist you were following when you filed your Defence.

Items 8, 9 and 10 on that list are particularly relevant at this time.

Posterpots

Thanks for your help.

I have completed the questionaire. I have sent it to both CCBC and and also BW legal. I have also emailed BW legal. However the checklist states I need to email CCBC in the same way I filed my defence. I dont believe I filed my defence through email. I filed my defence through the money claim online site. I have looked though this site and I dont believe there is a option to add the questionaire on there. 

i could be wrong or alternavely is there an email for CCBC?

Thanks for your help once again. It really is appricated. 

KeithP

Posterpots said:

I have completed the questionaire. I have sent it to both CCBC and and also BW legal. I have also emailed BW legal. However the checklist states I need to email CCBC in the same way I filed my defence. I dont believe I filed my defence through email. I filed my defence through the money claim online site. I have looked though this site and I dont believe there is a option to add the questionaire on there. 

i could be wrong or alternavely is there an email for CCBC?

Thanks for your help once again. It really is appricated. 

Even if you weren't following that checklist when you filed a Defence, items 8, 9 and 10 on that checklist offer good guidance.
You'll just need to adjust to suit.

The CCBC's email address is in that checklist.

Just follow that guidance and where it says...

The completed DQ should be returned by email to the CCBC to the same address and in the same way as your Defence was filed earlier.  

...assume that bit in bold reads "in the same way as you would've filed your Defence had you been following the checklist".

I'm a little concerned that you managed to file your Defence using the MCOL website. Did your Defence fit in the box provided or did the CCBC finish up with a truncated Defence?