Beat them!

Sheildmaid

Hello all
i hope I posting on correct place?
please forgive me if I am due to dyslexia I have struggled to read and understand the information in newbie chat!

The driver has had a court claim letter come through. 

Unfortunately the driver no longer had previous letters so unsure what the company is claiming e.g over stag or no payment.

the driver remembers paying cash for ticket as surprised how cheap it was for parking! but this was a year ago and no longer has ticket.

so far the driver has sent a letter company making claim and email to data protection. Asking for all paper work with their details on so far no reply for 5 days.

also replied on moneyclaim and disputed all claim. 

The question is now 
1. have they done everything right so far?
2. Where do they send their defence to? The defence part in money claim or the email?
3. As they are unsure what they being taken to court for, unsure what to write in defence (they have seen defence templet and will you that but unsure what they defending!)
4. Did an appeal on company website but did not give any other options then postcode pcn number and car reg. 

thank you so much for information so far! 

Viking girl 

KeithP

Hello and welcome.

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

It looks like an Acknowledgment of Service may have been filed.
Upon what date did that happen?
The MCOL Claim History will have the definitive answer to that and it will look something like...

A claim was issued against you on dd/mm/2022
Your acknowledgment of service was submitted on dd/mm/2022 at hh:mm:ss
Your acknowledgment of service was received on dd/mm/2022 at hh:mm:ss

Mouse007

What was the issue date of the claim? and when (date) did you file the Acknowledgement of Service (AoS)?

Sheildmaid said:

The question is now 
1. have they done everything right so far?
2. Where do they send their defence to? The defence part in money claim or the email?
3. As they are unsure what they being taken to court for, unsure what to write in defence (they have seen defence templet and will you that but unsure what they defending!)
4. Did an appeal on company website but did not give any other options then postcode pcn number and car reg. 

1. Looks promising, yes

2. email - NEVER in money claim

3. Template defence I believe includes a bit about particulars of claim being vague and uncertain

4. I don't think this is a question (?)

Sheildmaid

The date on claim form is 20th July. I filed in Aos on 26th July. 

What is mcol claim history sorry? Where I sent the email letter to? If so how long should I give them to respond? 

Sheildmaid

Question four was as the driver thought they read that they also need to appeal on company website ? Or is that if they haven’t received claim form? 

Coupon-mad

It's waaay past appeal stage.  Claim stage requires a defence as per the NEWBIES thread 2nd post.

KeithP

Sheildmaid said:

The date on claim form is 20th July. I filed in Aos on 26th July. 

With a Claim Issue Date of 20th July, and 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 nearly three 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'.

Sheildmaid

Hi all
the driver received the information from data protection team today and the company is claiming payment not made in accordance to terms displayed on signage. 

Is there any further information the drive could give you hear to help with them claim now they have the paper work? 

Thanks again 

Coupon-mad

Simply to show us the draft paragraph 3 they want to add to the template defence, so we can comment.

Did the driver pay on exit and the machine told them to pay a quid, and they didn't realise they had to push some buttons to add in the hours they'd been there because the system didn't calculate it after all?

Sheildmaid

The driver pay and displayed with cash before parking and put window ticket in. 

1505grandad

What sort of car park?  Would a complaint to the landowner be possible?