County Court Claim from Watford in Aug 19 - need to file a defence TODAY!

ripofflondon

Hi all 

Wonder if I could pick the collective brains of this forum.  First of all - nobody's fault but mine that I have left it until today to file a defence.  Combination of behaving like an ostrich and resenting having to spend time and effort on this, to say nothing of yours as well!  

But - the issue is that I parked for somewhere between 5 and 10 minutes (DEFINITELY not longer than 10) in a square outside a block of flats while I went to a shop on 17 Sep 2019 and only now am I getting sued for it (!)  This was at a time when I was going to this shop every morning on my way somewhere.  There WERE signs in the car park saying it was private property and subject to parking control.   Interestingly, about a week or so earlier – I really can’t remember – I had parked in the same place and someone who (I assume) worked for the private parking people (UK Car Park Management Ltd) came up to me when I got out of my car.  He asked ‘do you live here?’ and I answered ‘no, but I’m just quickly going to the shop’ whereupon he said ‘oh, you’re just going to the shop?  That’s OK’ and walked off. 

I did not get given any paper ticket on 17 Sep 2019 and the first I knew of this matter was a letter in the post a few weeks or months later – unsure what date, or whether I kept the letter.  I ignored this and the subsequent blood-curdling letters from various parking companies / solicitors / debt collectors over the subsequent months and years, until this County Court claim form (claimants = Gladstones Solicitors) arrived in early Oct. 

They have claimed £100 for the PCN, £70 'contractual costs pursuant to the Contract and PCN Terms & Conditions', statutory interest of £40.73 at 8% PA, continuing at £.0.04 per day plus the £35 court fee and £50 'Legal Representative's Costs' 

I duly filed an Acknowledgement Of Service but have until COP today to file a Defence.  So – where do I go from here?  I want to dispute the level of the charge - £100 is exorbitant in the first place, to say nothing of all the other charges they have added on – are these legal?

If anyone has any advice / guidance / can signpost me in the appropriate direction I would be extremely grateful. 

Thanks

Mark

Le_Kirk

You go to the template defence that you will find on the first page of the parking forum.  There you only need to add your details in paragraphs 2 & 3 about whether you were keeper and driver or keeper only, BRIEF details abut the car park and your reasons for refuting what the claim states in the particulars of claim.  You cannot dispute the level of charge - it is fixed by the PoFA.

KeithP

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

Upon what date did you file an Acknowledgment of Service?
Your MCOL Claim History will have the definitive answer to that.

ripofflondon

@Le_Kirk - thanks.  I thought I had read something somewhere about there being some sort of ceiling to private parking fines, or maybe what they have claimed IS the ceiling!  

Is this the template defence you mean?  Template defence to adapt for all parking cases where they add false admin costs - edited March 2022 — MoneySavingExpert Forum 

If yes, should I post it for (your) review once I've added in the paras 2& 3 info? 

ripofflondon

@KeithP - thanks - the issue date = 12 Oct 22 (thus the date of service, at the regular 5 days later, was 17 Oct 22) and my acknowledgment of service was received on 25/10/2022

The court admin office actually told me that today was the deadline, 14 Nov being 28 days from the date of service.

Mark

KeithP

ripofflondon said:

@KeithP - thanks - the issue date = 12 Oct 22 (thus the date of service, at the regular 5 days later, was 17 Oct 22) and my acknowledgment of service was received on 25/10/2022

The court admin office actually told me that today was the deadline, 14 Nov being 28 days from the date of service.

Mark

Yes that filing deadline is correct but there might be something useful here...

With a Claim Issue Date of 12th October, and having filed an Acknowledgment of Service in a timely manner, you have until 4pm today to file your Defence.

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'.

Le_Kirk

The PoFA sets the max at £100, also the signs say £100 and they should not add extra but they try to get around it calling the £60/£70 a debt admin fee, soon to be outlawed in the new Government Code of Practice.  Please do post your amended template defence (but only paragraphs 2 & 3 or any additional paras) for critique before adding them back to the template and sending to CCBC as per @KeithP's instructions

ripofflondon

4 PM today - does that mean the MCOL website will stop me from hitting 'send' at 4PM?  It doesn't say anything about a 4PM deadline! 

And with the template - do I need all of it if I'm filing it online eg the bits at the top like so - 

IN THE COUNTY COURT

Claim No.:  xxxxxx

Between

Full name of parking firm Ltd, not the solicitor!

(Claimant) 

- and -  

Defendant’s name from N1 claim (can’t be changed to driver now)                        

 (Defendant)

_________________

DEFENCE

and then at the end

Statement of Truth

I believe that the facts stated in this defence are true.  I understand that proceedings for contempt of court may be brought against anyone who makes, or causes to be made, a false statement in a document verified by a statement of truth without an honest belief in its truth.

Defendant’s signature:

Date:

Please let me know, albeit I'm pushing it - just seen all this after coming out of a meeting!

ripofflondon

Well - I have just submitted the defence (slightly after 4 - kept getting incomprehensible error messages) I used the template (many thanks to whoever drafted it but the trouble was that the MCOL website limits defences to 122 lines and it ran out at this point:  '16. Claiming costs on an indemnity basis is unfair, per the Unfair Contract Terms Guidance (CMA37, para 5.14.3), the Government guidance on the Consumer Rights Act 2015 ('CRA'). The CRA introduced new' and didn't go any further

But I got this message - 'Thank you. You have successfully submitted your Defence form to the court.
If your response was submitted on or before 4:00pm on a day on which the court is open, it will be received and processed on that day. Responses submitted after 4:00pm will be received and processed on the next day that the court is open.'  

So - am I in any trouble by not meeting the 4PM deadline and is it possible to put in an amended defence that contains all the wording?  In fact, shall I just do that anyway and email it to them? 

ripofflondon

@Le_Kirk - thanks, just seen your 3.17PM message.  Here's my Paras 2 & 3

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

3. The Defendant parked for between 5 and 10 minutes (DEFINITELY not longer than 10) in a square outside a block of flats while he went to a shop on 17 Sep 2019, having stopped there on the morning of 17 Sep 2019 on his way somewhere else.  Roughly one week before 17 Sep 2019 he had parked in the same place and someone who (it is assumed) worked for the Claimants approached him as he alighted from his car.  He asked the Defendant ‘do you live here?’ and the Defendant answered ‘no, but I’m just quickly going to the shop’ whereupon this person said ‘oh, you’re just going to the shop?  That’s OK’ and walked off.  

The Defendant did not get given any paper ticket on 17 Sep 2019 and the first he knew of this matter was a letter in the post a few weeks or months later.  Then this Claim arrived in early October 2022.  

If you have any thoughts on the above, feel free to share - I can put them into the amended defence I'm about to email to the CCBC.  

Thanks

Mark 

Umkomaas

So - am I in any trouble by not meeting the 4PM deadline and is it possible to put in an amended defence that contains all the wording?  In

I don't think they will be splitting hairs over a few minutes, but you were supposed to email the whole defence as a pdf file attachment. See the 12 steps per the first post of the Template Defence sticky you've just used to create your defence. 

Now you've got at least something in to keep you in the game, you could email the pdf in the morning, say you have realised that the MCOL portal has truncated your Defence and would they be good enough to substitute it with your attachment. 

I suggest in the morning because outside of business hours can often lead to correspondence going missing at the CCBC, but if you've already done so this evening, hopefully it will get there safely.