Court documents issued - but we have lost previous correspondance

laurence_pkns

Hey all!

Not sure what to do here - I worry we're in trouble.

My partner and I (I was driving) parked her car in a multi-storey, ANPR car park (automatic barriers) run by UK Parking Control Limited a year ago December 2021. I can't remember but she says we would have paid cash at the machine (she used to use the car park all the time so paying was part of the routine). We then exited through the barriers, which opened automatically as usual. I've since learned that these barriers open whether you've paid or not.

That was it until about a month ago, when we got a standard "debt collector" letter. I advised she ignore it. We've sinced received an official letter from the court headed "Claim Form" (attached below), requesting £268 (including court and legal fees).

However, we've since lost the debt collection letter, and I don't think we ever received a notice to keeper.

What would a sensible first step here be? I don't think we have an obvious defence, but we definitely feel that having to pay £268 is unjust, even if we forgot to pay, although again we're certain we would have!

Also, I was the driver on that day - is it too late to notify them of this? As it stands the listed defendent is not the one who entered the implicit contract.

I'm aware that we will need to respond to the claim, but should we first request a copy of the PCN to try to understand the charge? If so, should we do that via this court document response process (via moneyclaim.gov.uk )?

Many thanks!
(Removed by Forum Team)

Mouse007

Click back one page
Scroll up or down to the Newbies Thread - read it top to bottom
Click back one page

Scroll up or down to the Template Defence Thread - read it top to bottom

Once you have done that you will know that you have to file an AOS, make a SAR and draft your defence paragraphs 2 and 3 + more if required.

You can then post 2 & 3 + here for comment / help (do not paste the rest of the template defence, we know what that says).

Play along as advised here and DCB Legal will probably give up - search for the discontinuation thread.

KeithP

Hello and welcome.

Your MCOL password is visible on that image you have shown us.

With a Claim Issue Date of 29th December, you have until Tuesday 17th January 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 31st January 2023 to file your Defence.

That's over 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'.

laurence_pkns

Thanks so much for you excellent guidance all. I had read the Newbies thread but struggled to pick the correct route forward.

I will acknowledge the claim and present a defence as suggested.

My only worry is: My partner was not the driver (I was) - Should I be defending the claim, or her? Is it OK to present a defence myself even though she is the one listed as the defendent?

Coupon-mad

No it isn't OK.

SHE must defend.

Mouse007

But you can do all the drafting for her, as I did for my son. Do it in her name, and make sure she reads and understands it before signing.

Have you done the SAR?

Umkomaas

I Your partner will acknowledge the claim and present a defence as suggested.

You do know that the acknowledgment must be sent before 4pm today! That will buy your partner time (a further 14 days) to develop and email her Defence to the CCBC. Failure to acknowledge today is likely to see your partner receive a judgment in default with the strong possibility of a credit-trashing CCJ, with 6 years of financial pain to follow. This is now URGENT. 

Posted by @KeithP

With a Claim Issue Date of 29th December, you have until Tuesday 17th January 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 31st January 2023 to file your Defence.

Mouse007

@laurence_pkns <<<< Hopefully this has pinged you an email and brought you back here today so you can see what Umkomaas has just written above

laurence_pkns

That's great. I've drafted it for her, she's just 'sent it off'. As I say, she wasn't the driver but I presume it's too late to challenge that at this stage?

Looking to write the SAR now. I have found (through a link on the Newbies sticky) this template by abedegno here. However, this was last updated in 2018.

I am considering instead using the information points listed by Coupon-mad here (updated 2022) inside the Leagal Beagles framework linked in the same post.

Is this the most up-to-date SAR advice? Apologies if I've misunderstood.

Thanks again for your support everybody.

Mouse007

laurence_pkns said:

That's great. I've drafted it for her, she's just 'sent it off'.

Drafted what? Nothing needs drafting for the AOS so what exactly have you sent?

Coupon-mad

 As I say, she wasn't the driver but I presume it's too late to challenge that at this stage?

You didn't show us the defence draft first...of course she should have stated she was not the driver, in paragraph 2 (as explained in the template defence thread). Hopefully she did?

Did she get a CCBC auto-acknowledgement?

Do whatever she likes for.the SAR.  It's something and nothing compared to the defence.