COURT CLAIM FORM - help with my defence

mperky

Hi

I was hoping I could get kindly get some advice regarding compiling and submitting my defence relating to PCN court summons. 

In summary

1) I started receiving Bayliff threats about a PCN I had no prior knowledge about in early 2021.

2) Submitted a SAR and once the original parking charge was received it was addressed to my previous address, hence why I had no knowledge of it. The charge was for overstaying at a motorway service station.

3) I sought advice from members of this forum and eventually submitted a RESPONSE TO PROTOCOL letter with the defence being the PCN fails to set out
the information required by schedule 4 paragraph 9(2)f of the Freedom Act 2012.

4) CP plus emailed back saying that it's too late to acknowledge my defence as now it's in the hands of the Bailiffs

5) I responded by saying "I am under no obligation to speak to your appointed debt collectors. My defence stands"

6) Several months went by with nothing, so I assumed they had dropped the case. However, then I started receiving Bayliff threats again which I ignored.

7) I have now recently received the CLAIM form with 14 days to provide a formal response.

8) I have issued an AOS and drafted my defence based on NEWBIES template found on this forum.  

Any advice regarding my defence would be greatly appreciated.

Thanks

Matt

SUMMARY OF MY DEFENCE BELOW:

3. The defendant had no prior knowledge of the PCN until receiving a debt collectors letter in late 2021, demanding £170 for a parking charge unknown to the defendant. 

The PCN was eventually submitted to the defendant 151 days after the defendant submitted a SAR to Group Nexus.  

The PCN received clearly fails to comply with the protocol, in that it fails to set out the information required by schedule 4 paragraph 9(2)f of the Freedom Act 2012. The keeper liability is not established due to non-compliance with POFA.

Furthermore, the defendant did not see or acknowledge any of the parking charge signs at Moto Reading West service station on date of accused charge. Upon returning to the service station at a future date to investigate signage, there were only a few signs present, which were found be unclear with text too small to read properly especially as the defendant is short-sighted. In addition signage was inadequately positioned for defendant to legally accept CP PLUS offer, warranting a contract to be born under UK contract law. 

KeithP

mperky said:

7) I have now recently received the CLAIM form with 14 days to provide a formal response.

8) I have issued an AOS and drafted my defence based on NEWBIES template found on this forum.  

Hello and welcome.

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.

fisherjim

Please do not mix up bailiffs and debt collectors, debt collectors (which is the stage you are at) can be ignored, bailiffs which can only be involved after a court case cannot.

Le_Kirk

Furthermore, the defendant did not see or acknowledge any of the parking charge signs at Moto Reading West service station on date of alleged event accused charge. Upon returning to the service station at a later  future date to investigate signage, there were only a few signs present, which were found be unclear with text too small to read properly especially as the defendant is short-sighted. In addition signage was inadequately positioned for defendant to legally accept CP PLUS offer, warranting a contract to be born under UK contract law. 

Couple of suggestions above.  Would you really want to be admitting to an eyesight problem when driving a car?

Coupon-mad

Why not just copy from exact same cases that have already been done?

Just so happens I have been collating some:

till32 - CP Plus Motorway Services PCN from 2015 - almost 6 years oldhttps://forums.moneysavingexpert.com/discussion/6264875/dcb-legal-help/p1

larry63 - CP Plus Motorway Services PCN x 2 from 2015 and 2016

https://forums.moneysavingexpert.com/discussion/6268662/dcb-legal-for-cp-plus-re-road-chef-moto-pcns-advice-on-defence-against-claim/p1

 

Helpingmyfolks - CP Plus Motorway Services PCN x 2 from 2015 and 2016

https://forums.moneysavingexpert.com/discussion/comment/78549030#Comment_78549030

Againstallfrauds - CP Plus Motorway Services PCN from 2016 - 5 years old

https://forums.moneysavingexpert.com/discussion/6231176/very-late-4-years-arrival-of-pcn-for-hired-vehicle/p1

 

ZZ3100TV0 - CP Plus Motorway Services PCNs x 2 from 2017, almost 4 years before 

https://forums.moneysavingexpert.com/discussion/6230054/overstaying-what-is-the-legal-defense/p1

Firestrumer - CP Plus Motorway Services PCN from 2015 - almost 6 years old

https://forums.moneysavingexpert.com/discussion/comment/78288343#Comment_78288343

rxbfm - CP Plus Motorway Services PCN from 2016 - almost 5 years old

https://forums.moneysavingexpert.com/discussion/comment/78012205#Comment_78012205

woodpecker44 - CP Plus Motorway Services PCN from 2016 - 5 years old

https://forums.moneysavingexpert.com/discussion/6231978/ccbc-claim-for-2-x-motorway-services-parking-tickets/p1

 

4yearoldclaim - CP Plus Motorway Services PCNs x 2 from 2017, more than 4 years before

https://forums.moneysavingexpert.com/discussion/6318658/4-year-old-claim-form/p1

mperky

KeithP said:

mperky said:

7) I have now recently received the CLAIM form with 14 days to provide a formal response.

8) I have issued an AOS and drafted my defence based on NEWBIES template found on this forum.  

Hello and welcome.

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.

Hi Keith - Thank you. The issue date on the claim form is 8th Nov 2022. I Submitted the AOS on the 19th Nov 2022. 

mperky

Le_Kirk said:

Furthermore, the defendant did not see or acknowledge any of the parking charge signs at Moto Reading West service station on date of alleged event accused charge. Upon returning to the service station at a later  future date to investigate signage, there were only a few signs present, which were found be unclear with text too small to read properly especially as the defendant is short-sighted. In addition signage was inadequately positioned for defendant to legally accept CP PLUS offer, warranting a contract to be born under UK contract law. 

Couple of suggestions above.  Would you really want to be admitting to an eyesight problem when driving a car?

Hi Le Kirk - Yes i did wonder this. Perhaps I will remove that bit but still state that the text on the sign was too small. 

KeithP

mperky said:

KeithP said:

mperky said:

7) I have now recently received the CLAIM form with 14 days to provide a formal response.

8) I have issued an AOS and drafted my defence based on NEWBIES template found on this forum.  

Hello and welcome.

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.

Hi Keith - Thank you. The issue date on the claim form is 8th Nov 2022. I Submitted the AOS on the 19th Nov 2022. 

With a Claim Issue Date of 8th November, and having filed an Acknowledgment of Service in a timely manner, you have until 4pm on Monday 12th December 2022 to file your Defence.

That's over two weeks away. Plenty of time to produce a Defence and it is good to see you are not leaving 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'.

mperky

Coupon-mad said:

Why not just copy from exact same cases that have already been done?

Just so happens I have been collating some:

till32 - CP Plus Motorway Services PCN from 2015 - almost 6 years oldhttps://forums.moneysavingexpert.com/discussion/6264875/dcb-legal-help/p1

larry63 - CP Plus Motorway Services PCN x 2 from 2015 and 2016

https://forums.moneysavingexpert.com/discussion/6268662/dcb-legal-for-cp-plus-re-road-chef-moto-pcns-advice-on-defence-against-claim/p1

 

Helpingmyfolks - CP Plus Motorway Services PCN x 2 from 2015 and 2016

https://forums.moneysavingexpert.com/discussion/comment/78549030#Comment_78549030

Againstallfrauds - CP Plus Motorway Services PCN from 2016 - 5 years old

https://forums.moneysavingexpert.com/discussion/6231176/very-late-4-years-arrival-of-pcn-for-hired-vehicle/p1

 

ZZ3100TV0 - CP Plus Motorway Services PCNs x 2 from 2017, almost 4 years before 

https://forums.moneysavingexpert.com/discussion/6230054/overstaying-what-is-the-legal-defense/p1

Firestrumer - CP Plus Motorway Services PCN from 2015 - almost 6 years old

https://forums.moneysavingexpert.com/discussion/comment/78288343#Comment_78288343

rxbfm - CP Plus Motorway Services PCN from 2016 - almost 5 years old

https://forums.moneysavingexpert.com/discussion/comment/78012205#Comment_78012205

woodpecker44 - CP Plus Motorway Services PCN from 2016 - 5 years old

https://forums.moneysavingexpert.com/discussion/6231978/ccbc-claim-for-2-x-motorway-services-parking-tickets/p1

 

4yearoldclaim - CP Plus Motorway Services PCNs x 2 from 2017, more than 4 years before

https://forums.moneysavingexpert.com/discussion/6318658/4-year-old-claim-form/p1

Hi - This is great thanks. Having reviewed a few it appears I am on the right track using the NEWBIES recent defense template. Interestingly, it appears there have been cases of parking cameras 'double dipping' service stations. It's entirely possible that I visited that station twice in the same day for short periods, as I do a lot of motorway miles. Although, it was some time ago so I'm not certain. Also, I see the advice about emailing the director of MOTO Services. Is this worth doing? Any advice on compiling my strongest defense would be appreciated. Many Thanks. 

mperky

KeithP said:

mperky said:

KeithP said:

mperky said:

7) I have now recently received the CLAIM form with 14 days to provide a formal response.

8) I have issued an AOS and drafted my defence based on NEWBIES template found on this forum.  

Hello and welcome.

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.

Hi Keith - Thank you. The issue date on the claim form is 8th Nov 2022. I Submitted the AOS on the 19th Nov 2022. 

With a Claim Issue Date of 8th November, and having filed an Acknowledgment of Service in a timely manner, you have until 4pm on Monday 12th December 2022 to file your Defence.

That's over two weeks away. Plenty of time to produce a Defence and it is good to see you are not leaving 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'.

Hi Keith - Okay noted with thanks. I plan to use the suggested defense template on that NEWBIES thread. 

To confirm, so I shouldn't submit defence online via the MCOL website? do I submit my defense by post or email to Northampton Business center?

Thanks for your help

KeithP

mperky said:

KeithP said:

mperky said:

KeithP said:

mperky said:

7) I have now recently received the CLAIM form with 14 days to provide a formal response.

8) I have issued an AOS and drafted my defence based on NEWBIES template found on this forum.  

Hello and welcome.

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.

Hi Keith - Thank you. The issue date on the claim form is 8th Nov 2022. I Submitted the AOS on the 19th Nov 2022. 

With a Claim Issue Date of 8th November, and having filed an Acknowledgment of Service in a timely manner, you have until 4pm on Monday 12th December 2022 to file your Defence.

That's over two weeks away. Plenty of time to produce a Defence and it is good to see you are not leaving 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'.

To confirm, so I shouldn't submit defence online via the MCOL website? do I submit my defense by post or email to Northampton Business center?

 Surely those two questions were answered in my most recent post that you have just quoted... where I wrote...

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'.

and...

To create a Defence, and then file a Defence by email...