Appeal CCBC - Wrong car reg

blueagle

I received a Claim Form from Country Court Business Centre dated 6th Jan 2023. I've acknowledged it and now I need to write an appeal and would like your assistance. I've gone through the Newbie post but didn't find anything relevant to my issue.
I had parked my wife's Honda CR-V in Dorney Lake car park on 12/12/2020 which is managed by Countrywide. I paid using Justpark app but I paid against my car which was Honda Accord. When I received the initial PCN from countrywide, I had appealed but it was rejected. Both cars being Hondas and 3 young kids, it was an easy mistake to make. The way I saw it, I had paid for parking and the parking management had got their money.
Now they want me to pay £275.20.
I'd really appreciate your assistance.
Thank you

KeithP

Hello and welcome.

You say "I received a Claim Form".
You continue "I had parked my wife's Honda".

We need to be clear here. Did you receive a Claim Form or did your wife receive a Claim Form?
It is usual that a Claim will be filed against a Registered Keeper.
Please be clear... is the named Defendant you or your wife?

Can you please tell us the full name of the Claimant?

Upon what date was an Acknowledgment of Service filed?
The MCOL Claim History will have the definitive answer to that.

Fruitcake

Plan A is always for the keeper to complain to the landowner and their MP. It is never too late to do so.

If you have received a claim form from the CCBC then you will be writing a defence, not an appeal.

Read the guide to court written by bargepole that you will find in the sticky Announcement for NEWBIES in conjunction with the Template Defence sticky Announcement.
The latter has a 95% ready written defence. You will need to amend paragraphs 2 and 3 to suit your case.

Coupon-mad

I received a Claim Form from Country Court Business Centre dated 6th Jan 2023. I've acknowledged it and now I need to write an appeal and would like your assistance.

It's not an appeal, as Fruitcake says.

Given the fact that pretty much every thread here is about how to defend a court claim, have you not yet read any?  Please do.

I suggest you read a dozen or more claim threads and the 'NEWBIES' FAQS thread (the second post, about court claims) before asking any questions.

It will help you see what to do.  Please also answer KeithP's questions.

blueagle

Thanks for quick responses.
It was my wife's car but as I was the registered keeper for it, I received the claim form. 
The claimant is BW Legal.
Acknowledgement of Service was filed on 16/01/2023.

I didn't know landowner or MP could do anything about it so I never contacted them. Now that the matter is with CCBC, can either of them intervene and make a difference?

Just to be clear, you're referring to this defence template?
https://forums.moneysavingexpert.com/discussion/6108153/suggested-template-defence-to-adapt-for-all-parking-charge-cases-where-they-add-false-admin-costs/p1

Not_A_Hope

The reason the PPC has rejected your appeal is it doesn’t earn them any money. They are greedy scammers. When the new Code of Practice comes into force there will be a new independent appeal system and simple errors like yours will lead to the PCN being cancelled. In the meantime after providing a robust defence and witness statement most judges will agree the PPCs have acted unfairly in your case especially when they see the list of VRNs that were paid actually includes your other car.

KeithP

blueagle said:

The claimant is BW Legal.

No, the Claimant is not BW Legal. Look again at your Claim Form.

blueagle said:

Acknowledgement of Service was filed on 16/01/2023.

With a Claim Issue Date of 6th January, and having filed an Acknowledgment of Service in a timely manner, you have until 4pm on Wednesday 8th February 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 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'.

Coupon-mad

Please tell us which Claimant it is, after you've read a dozen other recent BW Legal claim threads and the process has clicked in your head - the lightbulb moment when you realise that you'll almost certainly win and there is no extra costs or CCJ risk.

Yes - the Template Defence is what the NEWBIES Thread says to use.  

blueagle

@KeithP Sorry my bad, the claimant is Countrywide Parking Management Ltd.

Thanks for all the useful info. I'll put together the defence in next couple of days and would request a quick review before I send it across.

blueagle

I have edited the template and put together my defence.
I have the invoice from Justpark app which I'll add with this defence. Kindly review and let me know if I should add/edit anything in it.

• Mitigating circumstances

There are mitigating circumstances to explain why I parked where I did so I am requesting that the fine be waived for this reason. Please see attached evidence, I had paid for the parking with JustPark app. Instead of selecting Honda CR-V, I selected my other car which was Honda Accord. As you can see from the attached JustPark invoice, I had paid for the duration of my stay at this car park. I have 3 young kids and I had taken them out for a walk so I hope you can appreciate it was an easy mistake to make which didn’t cost the parking company any lost of revenue because they got paid for the duration of my stay. Please accept this evidence and circumstances as proof of my appeal.

Not_A_Hope

That looks like an appeal which pretty much all PPCs will reject. They are interested in mitigating circumstances and just want your money. You need to write a couple of paragraphs to insert into the template defence for the judge to see.

I suggest you look again at the template and what is required in your couple of paragraphs.