PCM Claim Form time to write a defence

Johnson2015

Hi there!

Received a Claim form, just about to write my defence as the ticket was issued for a vehicle I no longer own in a residential bay which is still a current bay I use, however the major issue I have is that my surname is wrong (they're using my maiden name instead of my married name) and my address is wrong (I no longer live at this address). Can I still file a defence even though all of these details are incorrect? I will make representation at court if needs be, however all my details are wrong. Any advice would be appreciated. Also, am I correct in saying I will need to email CCBAQ@justice.gov.uk for my defence is that correct? Should I include my new details?? 

Grizebeck

ownership has now relevance , not sure why people keep bringing it up

B789

Johnson2015 said:

Hi there!

Received a Claim form, just about to write my defence as the ticket was issued for a vehicle I no longer own in a residential bay which is still a current bay I use, however the major issue I have is that my surname is wrong (they're using my maiden name instead of my married name) and my address is wrong (I no longer live at this address). Can I still file a defence even though all of these details are incorrect? I will make representation at court if needs be, however all my details are wrong. Any advice would be appreciated. Also, am I correct in saying I will need to email CCBAQ@justice.gov.uk for my defence is that correct? Should I include my new details?? 

You need to contact the claimant and their solicitor, if they are using one and tell them your current address and that they must erase the old address. You probably didn't update your V5C when you last moved which was at some point after you were first issued the PCN.

Was the claim form sent to your current address? If not, you will also have to inform the CCBC of your current address. If you don't update your address, there is a high probability that you could get a CCJ by default if you don't receive any necessary paperwork.

If the claim is your maiden name, again, because you hadn't updated your V5C or were married after the PCN was issued, there is no defence in that. You have to update your details with the claimant, solicitor and CCBC.

What is the issue date on your claim?

Johnson2015

Issue date on my claim form is 8th March. 

Johnson2015

Grizebeck said:

ownership has now relevance , not sure why people keep bringing it up

I just wanted to know if I needed to update my details is all. I understand ownership has no relevance, however that's not my issue. If you read the post carefully, I'm enquiring whether or not I need to update my details with the County Courts!! FYI this is my 2nd time dealing with PCM at CC level. I went to CC with PCM and won. Will gladly have my day in court again, its a day out for me away from the stress of 3 kids, and they even pay for the "inconvenience". And I don't mind them not having my address because I still have access to letters being posted at the previous address. 

KeithP

Johnson2015 said:

Issue date on my claim form is 8th March. 

With a Claim Issue Date of 8th March, you have until Monday 27th March to file an Acknowledgment of Service but there is nothing to be gained by delaying it. 
HM Courts Service can be advised of your name and address change during the process of filing an Acknowledgment of Service.

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 11th April 2023 to file your Defence.

That's four 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'.

Johnson2015

KeithP said:

Johnson2015 said:

Issue date on my claim form is 8th March. 

With a Claim Issue Date of 8th March, you have until Monday 27th March to file an Acknowledgment of Service but there is nothing to be gained by delaying it. 
HM Courts Service can be advised of your name and address change during the process of filing an Acknowledgment of Service.

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 11th April 2023 to file your Defence.

That's four 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'.

Thank you very much for your relevant and timely information. 

Le_Kirk

Always best that everyone has your correct address, that way you won't miss any important letters even renewing your VED.  It has not been unknown for PPCs to "accidentally" use the wrong address! 

Johnson2015

Long shot.... But is it worth asking my Landlord to advocate on my behalf or have we passed this point?? As I say I don't mind going to CC its just hassle in terms of finding a babysitter. 

B789

Johnson2015 said:

Long shot.... But is it worth asking my Landlord to advocate on my behalf or have we passed this point?? As I say I don't mind going to CC its just hassle in terms of finding a babysitter. 

Is your Landlord an advocate... solicitor/lawyer??? Unless they are one of those, which I doubt based on what you've written, you will have to do the leg work.  Pay a babysitter or pay a scammer?

KeithP

Johnson2015 said:

Long shot.... But is it worth asking my Landlord to advocate on my behalf or have we passed this point?? As I say I don't mind going to CC its just hassle in terms of finding a babysitter. 

Unless your landlord is a solicitor or barrister then you as the Defendant must also attend any hearing. Take baby along too. Nothing wrong with that.