County Court Claim Received

jme85

Firstly, I must say thank you to everyone who put in the work to create this forum and provide all the information. It's really fantastic.

My wife received a county court claim form, issue date 20th July 2022, for a parking offence for which she was not the driver at the time.


I have read through all the Newbie section of the forum and have started to write a defence (on behalf of my wife) however, I don't actually recall what happened on the day. What can I write as a defence?

Mouse007

You say train station car park, would that be one covered by bye laws?

Coupon-mad

Which parking firm Claimant?

Which roboclaim 'barely legal' firm?

Has the Defendant done the AOS in her name using her Govt Gateway account, if so, on what date?

jme85

Coupon-mad said:

Which parking firm Claimant?

Which roboclaim 'barely legal' firm?

Has the Defendant done the AOS in her name using her Govt Gateway account, if so, on what date?

NCP and BW Legal

She has not done the AOS as yet. I was going to wait until tomorrow to do that

jme85

Mouse007 said:

You say train station car park, would that be one covered by bye laws?

I have no idea. It is run by NCP if that helps

Coupon-mad

OK so it is byelaws land and under statutory control. A keeper who was not driving cannot be held liable for this parking charge because railway land is not 'relevant land' as defined in the POFA. There is no 'keeper liability' here.

Include that in the defence.

KeithP

jme85 said:

My wife received a county court claim form, issue date 20th July 2022...

With a Claim Issue Date of 20th July, you have until Monday 8th August 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 22nd August 2022 to file your Defence.

That's almost 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'.

KeithP

Which railway station?

Fruitcake

If the car park is a railway asset, then it is covered by railway byelaws. The driver can, the owner may, but the keeper cannot be held liable for a parking charge where byelaws apply. If the keeper was not the driver, then no keeper liability is a defence point, as long as nobody tells the PPC who was driving.
There is no legal requirement for the keeper/defendant to do so. They simply have to say, I was not driving sir/madam, as long as it is the truth.

It's never a good idea to go round telling the whole world who was driving, on a forum that is monitored by parking companies. When you are able to do so, I suggest you edit your posts.

The defendant needs to find out who owns the car park. It will either be the Train Operating Company, Network Rail (or whatever they are called now) or TFL if it is part of the London underground, overground Wombling free network.

jme85

Fruitcake said:

If the car park is a railway asset, then it is covered by railway byelaws. The driver can, the owner may, but the keeper cannot be held liable for a parking charge where byelaws apply. If the keeper was not the driver, then no keeper liability is a defence point, as long as nobody tells the PPC who was driving.
There is no legal requirement for the keeper/defendant to do so. They simply have to say, I was not driving sir/madam, as long as it is the truth.

It's never a good idea to go round telling the whole world who was driving, on a forum that is monitored by parking companies. When you are able to do so, I suggest you edit your posts.

The defendant needs to find out who owns the car park. It will either be the Train Operating Company, Network Rail (or whatever they are called now) or TFL if it is part of the London underground, overground Wombling free network.

It's an NCP managed car park, the railway company is Greater Anglia

jme85

KeithP said:

Which railway station?

Rayleigh (Greater Anglia)