Small claims

Fireman987

Hi, a couple of Q's if anyone can help please. It is to do with a challenged parking ticket on private land, where I live. I will go into details separately. My initial Q's are:

1:  Jurisdiction. Can I ask for it to be local to me & do I have to pay for asking.

2: The form allows me to respond online, does that mean everything is online or is online only for filing etc, then it goes to a court?I

The court papers took 12 days to arrive so if possible any response asap would be much appreciated.

Cheers

KeithP

Hello and welcome.

Please don't try filing anything just yet.

Looks like you may have a County Court Claim Form.
If so, what is the Issue Date on it?

Have you filed an Acknowledgment of Service yet?

You mention jurisdiction. Are you based in England or somewhere else?

Sorry for all the questions but the answers will help us address your specific concerns.

Fireman987

Yes ccc. England. Oct 20. 
I haven't filled the acknowledgement yet, but want to so I have 28 days to fully respond.
Cheers

KeithP

Fireman987 said:

Yes ccc. England. Oct 20. 
I haven't filled the acknowledgement yet, but want to so I have 28 days to fully respond.
Cheers

With a Claim Issue Date of 20th October, you have until Tuesday 8th November 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 Tuesday 22nd November 2022 to file your Defence.

That's almost 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 again at the second post on the NEWBIES thread - immediately following where you found the Acknowledgment of Service guidance.

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'.


Now back to the two questions you asked earlier...

Fireman987 said:

1:  Jurisdiction. Can I ask for it to be local to me & do I have to pay for asking.

Assuming you are an individual rather than a company, later in the process proceedings will be transferred to a County Court of your choosing at no cost.

Fireman987 said:

2: The form allows me to respond online, does that mean everything is online or is online only for filing etc, then it goes to a court?I

The earlier parts of the process can be dealt with by post or email, but as you read more of the second post of the NEWBIES thread you will see that if a hearing takes place it may be at a local County Court or heard by video link.

KeithP

Do you want to tell us anything about your alleged parking incident?

like...
where did it take place?
what are you accused of doing wrong?
is a leased car involved?
etc?

Coupon-mad

And which PPC and which legal firm?

Fireman987

Thanks so much. Later today or tomorrow I will file the acknowledgement. Then I will detail the pcn and my defence, which I'm hoping someone will say yep that's a defence and not oh oh, you should have paid the pcn

Thanks again

fisherjim

Fireman987 said:

Thanks so much. Later today or tomorrow I will file the acknowledgement. Then I will detail the pcn and my defence, which I'm hoping someone will say yep that's a defence and not oh oh, you should have paid the pcn

Thanks again

You would be far better giving the regulars some details as Keith and CM have asked for instead of going it alone wasting your time making big mistakes and we rarely tell people to pay a scammer

Fireman987

Will definitely give details before I attempt a defence, will need help from you guys. 

KeithP

Your tactics may differ depending on the answers to the questions already asked of you.

But of course, it's your choice.

Fireman987

Company is OPS. It was for not parking fully in a parking bay, my rear wheels were outside bay. My own car. On private property where I am one of 100 flats. OPS took over control of parking couple of weeks before I got ticket last December. I appealed on the following point:
I could not park fully in bay as there was black rubbish bags & broken glass at front of bay. Due to medical conditions I was unable to clear it plus as this particular bay is on a walkway to communal bins it's happened before & culprits clears it up shortly. Dropped rubbish etc. 
The bag is a single bay with no other bays near it, so I wasn't blocking or hindering anyone. The bay is under my balcony & about an hour later I looked down, saw the bags were gone and moved car forward, then saw pcn. 
So that's what happened.  Other possible points which I hope might help:

It was early evening and dark.
Parking signs had only gone up a couple of weeks before.
Sign says parking must be fully in confines of a bay.

Court forms say 'Driver agreed to pay within 28 days but did not'.  Well I didn't ever agree unless they mean by parking it is assumed agreement if you don't abide.
They have added £50 representatives costs.
Before that they got dcbl involved to chase me & they added a 100 on.

So pretty much that's the situation.

Any pointers much appreciated.