Cp plus/DCBL CCBC claim form/defence, need help please

Honey1be

Hello, 

I am a newbie & I have read through the forum stickies and understood as best i can what i need to do next.

Firstly thanks for everyone looking at this and willing to provide some help. 

I received CCBC claim form from Cp Plus attached through the post on 13/3/23 but the issue date on the form is mentioned as 10/3/23 & The charge displayed on the claim form is huge amount 280£.

The parking charge is from 2021, On my visit to north, I stopped at a Moto service station in Stafford to use the refreshment services but due to covid 19 restrictions it took longer than expected (at the time I wasn't aware that it's 2 hr free parking & there will be a charge if I exceed) but unknowingly overstayed for 22 mins (which includes the grace period of 10mins). I didn't received the PCN from the CP Plus within 14 days, due to personal reasons I had to travel outside UK after 17 days of the incident and was out of the country for almost 15 months, when I am back to UK (6 months ago) I have noticed the PCN letters along with the final notice letters which were at my doorsteps & now I have received the CCBC claim form from DCB Legal ltd on behalf of CP Plus. 
later I did some research on the rules highlighted in POPLA , I visited the parking place to see if the signage is correct & I have identified the service station has a display board highlighting the max stay of 2 hrs. I have also noticed the PCN has photographs displaying the in & out time. 
 
I am prepared myself to defend my case in full so I am trying to prepare my defence statement and I would like some advise from experts like you who can help me to highlight the defence points I should focus on.

I have downloaded the defence template and thinking of using 4,5 & 6 paragraphs as my defence, please guide me in right direction if I am missing something / going in wrong direction. 

Will these defence points be good enough to defend my case? if so please guide me what previous judgements should I read and refer during my defence to quote if required.
 
Would this be sufficient if I explain it was extreme circumstances during covid19 restrictions.  

I am yet to file an Aos. 

So I my understanding now is I need to email my defence to CCBC & DCB Legal email id's on the pinned post once I've drafted something up. I just need help with creating the defence.

Coupon-mad

I have downloaded the defence template and thinking of using 4,5 & 6 paragraphs as my defence, please guide me in right direction if I am missing something / going in wrong direction. 

I've no idea what you mean.

You use ALL of it.  In fact, I suggest you go copy the defence by @Johny86 in full, and merely add your facts to replace his para 3.  Easy!

This is not legal advice and by amending the defence we suggest, you are drafting your own defence.

B789

If you've received a claim (N1) then you are way past any appeal or POPLA. @KeithP will be along and advise on the dates by which you should file your AoS and defence.

For your defence you will use the standard defence template with your own version of sections 2 & 3. You can add more, if necessary, but each paragraph will have to be numbered and all subsequent ones re-numbered accordingly.

You don't file any defence until after AoC. You don't need to email your defence to DCB Legal as the CCBC will send it to them.

KeithP

Honey1be said:

I received CCBC claim form from Cp Plus attached through the post on 13/3/23 but the issue date on the form is mentioned as 10/3/23
I am yet to file an Aos. 

With a Claim Issue Date of 10th March, you have until Wednesday 29th March 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 Wednesday 12th April 2023 to file your Defence.

That's nearly 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'.

Trainerman

One thought that occurs when we get these "overstayed at services" cases. Did you by any chance buy fuel/do tyre pressures or similar on the way out? My thought ( and I am ready to be shot down) is that if you were doing any of that, you were not parked.

The cameras only record arrival and departure for the whole service area. If you went from car park to fuel fill, then in my submission you were still at the services, but not parked. The contravention claim is for parking.

Honey1be

Coupon-mad said:

I have downloaded the defence template and thinking of using 4,5 & 6 paragraphs as my defence, please guide me in right direction if I am missing something / going in wrong direction. 

I've no idea what you mean.

You use ALL of it.  In fact, I suggest you go copy the defence by @Johny86 in full, and merely add your facts to replace his para 3.  Easy!

This is not legal advice and by amending the defence we suggest, you are drafting your own defence.

Coupon-mad, could you please let me know where can I find the copy of defence by @Johny86 ? Thank you.

Coupon-mad

His name is the link...

Boat_to_Bolivia

Click on the link CM gave you...That takes you to their user profile.

Click on Johny's Discussions....It's right there, top of the list.

Honey1be

Boat_to_Bolivia said:

Click on the link CM gave you...That takes you to their user profile.

Click on Johny's Discussions....It's right there, top of the list.

Thanks a lot, I found it now.

Honey1be

Can I request the SAR from the private parking company once I receive the claim form? 

B789

You can request your SAR at any time. You don't have to wait until a claim has been filed. Get on with it now as it is the information they have about you that you are requesting