county court defence please help- Due 25/10/22

WS11

Please give me your advice as I would like to defend this claim. 

please advice me on how I should respond to this claim:

Claimant - NATIONAL CAR PARKS LIMITED
Claimant Legal Representative - BW LEGAL

The Claim is for the of £354.90 being due from Defendant in respect of 2 Parking Charge Notices for contractual breaches which occurred between 05/10/2021 and 08/10/2021 on private land operated and managed by the Claimant in relation to a vehicle with registration xxxxxxx. The land is privately owned and the claimant operates and enforces a parking management scheme. The Defendant is believed to be responsible for the vehicle when the contractual breaches occurred. Despite demands, the charges remain unpaid. The Claim also includes Statutory interest pursuant to section 69 of the County Court Act 1984 at a rate of 8% per annum (a daily rate of £0.07) from 05/10/2021 to 26/09/2022 being an amount of £24.90. The Claim also includes £140.00 recovery costs as set out in the Terms and Conditions and in the ATA AoS Code Practice.

How the PCN took place: I parked my car in a paid shopping car park (which I paid the parking fee upon entering the car park) and parked my car between white lined parking bay and an unmarked wide space next to the shopping trolley shelter. I parked in the same space two days in a row and I was not served with a physical PCN on my car but at a later date I received two separate PCN which said I was causing an abstraction. In my opinion I was not causing any abstraction to anyone as I parked in the corner.

However I felt that I had done something wrong maybe and responded to the PCN admitting my fault and requested a one off cancellation. Luckily my appeal was accepted but only one of the PCNs and in the cancellation email they requested that I pay one off admin fee of £10 and when I tried to pay for it there was an error message coming up with the payment. So I emailed them a second time notifying them of the issue with the payment and also requesting for the second PCN to be included within the cancellation letter.

Since then I have not heard from them for a long time and I thought both PCN have been cancelled. However the case was passed on to BW Legal to claim the fee which went from £60 to £170 each.


Please help me on how I should put this across in my defence letter and any advice on whether I have a chance of winning this?


Thank you so much in advance for any advice!

KeithP

Hello and welcome.

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

Have you filed an Acknowledgment of Service?
If so, upon what date did you do so?
Your MCOL Claim History will have the definitive answer to that.

WS11

The date of issue was on the 27th of Sept and I only filed the acknowledgment form on the 10th of Act.

KeithP

WS11 said:

The date of issue was on the 27th of Sept and I only filed the acknowledgment form on the 10th of Act.

I'll assume it was 10th October when you filed an Acknowledgment of Service. Please confirm.

You have more time than you think.

With a Claim Issue Date of 27th September, and having filed an Acknowledgment of Service in a timely manner, you have until 4pm on Monday 31st October 2022 to file your Defence.

That's a whole week 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'.

WS11

Yes, I filed it on the 10th of October. 

I wasn't sure exactly on how to string my defence based on the information I stated above.

Thank you! and I won't be leaving until last minute.

WS11

Hi,

I have emailed both the claimant and solicitor as advised, what should I expect next or do?

Coupon-mad

WS11 said:

Hi,

I have emailed both the claimant and solicitor as advised, what should I expect next or do?

You aren't meant to email the solicitor.  By all means, get a SAR in with the PPC but you are not at LBC stage, so don't sit and wait for the reply.

Obviously a court claim isn't going to be put 'on hold' for 30 days.  Too late to ask for that!

Your deadline is as KeithP advised above.

WS11

Coupon-mad said:

WS11 said:

Hi,

I have emailed both the claimant and solicitor as advised, what should I expect next or do?

You aren't meant to email the solicitor.  By all means, get a SAR in with the PPC but you are not at LBC stage, so don't sit and wait for the reply.

Obviously a court claim isn't going to be put 'on hold' for 30 days.  Too late to ask for that!

Your deadline is as KeithP advised above.

I followed the instruction for the newbies thread the second post and I'm not sure what I should do now.

Should I file the defence section of the court letter?

KeithP

WS11 said:

Coupon-mad said:

WS11 said:

Hi,

I have emailed both the claimant and solicitor as advised, what should I expect next or do?

You aren't meant to email the solicitor.  By all means, get a SAR in with the PPC but you are not at LBC stage, so don't sit and wait for the reply.

Obviously a court claim isn't going to be put 'on hold' for 30 days.  Too late to ask for that!

Your deadline is as KeithP advised above.

Should I file the defence section of the court letter?

I don't understand that question.

What is the 'defence section of the court letter'?

What didn't you understand in my post of 24 October at 5:37PM?

WS11

WS11 said:

Coupon-mad said:

WS11 said:

Hi,

I have emailed both the claimant and solicitor as advised, what should I expect next or do?

You aren't meant to email the solicitor.  By all means, get a SAR in with the PPC but you are not at LBC stage, so don't sit and wait for the reply.

Obviously a court claim isn't going to be put 'on hold' for 30 days.  Too late to ask for that!

Your deadline is as KeithP advised above.

I followed the instruction for the newbies thread the second post and I'm not sure what I should do now.

Should I file the defence section of the court letter?

This is the defence form. 

KeithP

No, you do not use that form.

Again, what is unclear in my post of 24 October at 5:37PM?