Hi all, any advice would be appreciated! (proof read)

B789

Pay them and you become a part of the problem by funding their scam. You also get marked by them as a "mug" for future targeting. Is that what you really want? You need to stop being so defeatist. That is exactly what these scammers rely on, gullible victims who just pay up.

Le_Kirk

Assuming you did not receive the PCN because you did not update your address on your V5C with DVLA, follow the advice given by @Coupon-mad and complete your SAR to the PPC, also advising them of your correct address for service.  To give you time to receive your data, including a copy of the original PCN send the 30 day hold letter.  At least that way you can put together a defence.  Check out other MOTO services threads by searching.

B789

There is nothing about being "smart enough" to get through this. We are here to help guide you through the process. Just keep reading the Newbies/FAQ thread every time you have a question as it is probably answered in there already.

To get the best out of delaying any claim being issued, don't send your 30-day hold request until very close to the 30-day limit from the LoC.

Here is a sample SAR you can use:

https://www.dropbox.com/s/v29cyfyuglg1ban/subject_access_request3.pdf?dl=0

Coupon-mad

sundaymornings said:

Oh man of course I don't want to be a part of the problem. I can't get my head around what it is I'm supposed to do with/write to these guys even with all the threads I think I'm just not smart enough to navigate this. Funny when you survive so much, something so seemingly trivial can shoot you right down. Like I said, I unfortunately don't think I have a defence, if I did sure, I'd go through with the fight

Of course no paying!

Just say the rest of what I advised you to say.

sundaymornings

Hi again, I've received the SAR saying that I had allegedly violated contract and overstayed.

Claim issue date - 13/07
AOS - 01/08
I'm aware that leaves little time for defence, life happened, but I'll power through. 

Firstly, I see that Cp plus's first PCN letters threatened an initial debt collection charge of £40 if the £60 or subsequent £100 charge wasn't paid. Then the £40 charge for 'additional administration costs' was added, totaling £140. This is before greedy LCB legal added £30 with 'letter before claim'. Was that allowed? Should that be mentioned in the Defence?

Additionally, as it's to far to get photos and I really don't have much to submit into evidence will this defence suffice:

2. It is admitted that the Defendant was the registered keeper and driver of the vehicle. 

3. On the date of the alleged violation of contract the Defendant had overstayed at Knutsford Moto services to comply with the Highway Code ensuring fitness to drive and did not see the signs. The Defendant needed to recover from fatigue due to helping a friend pack all their belongings in the early morning and was en route a long distance from Plymouth to Edinburgh to move said belongings. A rest must have been needed to have overslept through an alarm. 

Thanks in advance

Coupon-mad

The Template Defence already covers the extortion of the added £70.

DO NOT PUT THIS:

"the Defendant had overstayed at Knutsford Moto"

OR THIS: "A rest must have been needed to have overslept through an alarm."

KeithP

sundaymornings said:

Claim issue date - 13/07
AOS - 01/08
I'm aware that leaves little time for defence, life happened, but I'll power through. 

Crikey! Good job you didn't file an Acknowledgment of Service any later. 

With a Claim Issue Date of 13th July, and having filed an Acknowledgment of Service in a timely manner, you have until 4pm on Tuesday 15th August 2023 to file your Defence.

That's just one week 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'.

sundaymornings

KeithP said:

Crikey! Good job you didn't file an Acknowledgment of Service any later. 

Haha Ikr! That was a mid-sleep panic awakening luckily.

Yes I've copied the newly updated defence from Newbies and hopefully someone can check my input for numbers 2 and 3 above ^^^

sundaymornings

I.e.I'm not sure that I can just say that I did not see the signs

sundaymornings

Coupon-mad

Thank you I didn't see the rest of your response!

"the Defendant had overstayed took some rest at Knutsford"?
Should I leave in that I didn't see the signs?