County court claim form

sophsam123

Hiya! I know there’s threads before for dcbl ltd etc however slightly different matter albeit similar circumstances.
I live on a private gated estate/manor which is deemed private property. I have a parking permit and an allocated parking space however on occasions have had to park outside of the space due to either someone else parking there or having to carry bags of shopping in (allocated space is a fair trek when unloading bags) Received numerous fines for not being in the space and ignored as per advice given. Companies involved are secure a space and then dcbl Ltd. Having ignored letters I have now received a claim form for county court. In addition the car was registered to my dad but I’m the insured party so in effect the claim is against him. What would be best to do next??

KeithP

sophsam123 said:

Having ignored letters I have now received a claim form for county court. In addition the car was registered to my dad but I’m the insured party so in effect the claim is against him.

Hello and welcome.

Who is the named Defendant on the County Court Claim?
It is that person who must defend themselves against the claim.

What is the Issue Date on the County Court Claim Form?

Has an Acknowledgment of Service been filed?
If so, when? The MCOL Claim History will have the definitive answer to that.

sophsam123

Hi Keith! The named defendant is my elderly father who this has caused much stress for so as I was the driver I am trying to take on responsibility for this. The car was a lease car which I no longer have and the tickets were issued through 2020/2021. 

Issue date is 26/06/23

no an acknowledgment of service hasn’t been done as I was unsure of procedure. 

I find this obsurd as and unethical as this is my place of residence not just a street I’ve parked on

KeithP

sophsam123 said:

Issue date is 26/06/23

no an acknowledgment of service hasn’t been done as I was unsure of procedure. 

With a Claim Issue Date of 26th June, you have until Monday 17th July to file an Acknowledgment of Service.  Do not file an Acknowledgment of Service before 1st July, but otherwise 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 Monday 31st July 2023 to file your Defence.

That's over 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'.

Everywhere I have written 'you' or 'your' I mean the named Defendant. Everything must be done in the name of the named Defendant.

sophsam123

Thank you! Should I still register on MCOL? Also should the claim form be filled and sent back or is the acknowledgment of service done first?
should I do an SAR too? 

Sorry so many questions 

KeithP

Slow down. Stop panicking.
I am going to break down your latest post into little bits...

sophsam123 said:

Should I still register on MCOL?

I have already answered that by saying...

To file an Acknowledgment of Service, follow the guidance in the Dropbox file linked from the second post in the NEWBIES thread.

sophsam123 said:

Also should the claim form be filled and sent back or is the acknowledgment of service done first?

Nowhere have I suggested filling in any forms. I really don't understand what you cannot understand where I wrote...

To file an Acknowledgment of Service, follow the guidance in the Dropbox file linked from the second post in the NEWBIES thread.

sophsam123 said:

should I do an SAR too? 

No not until a Defence has been filed.

sophsam123

Ok thank you just clarifying so I don’t get anything wrong!

Coupon-mad

You are not the Defendant so you aren't doing anything.  You can't register on MCOL in your name to do this; it must be done in Dad's name (even if you actually do the work as him).

as I was the driver I am trying to take on responsibility for this.

The keeper had months to transfer liability to you, which they could have done with one email before the court claim.  Too late now.

The claim has now been filed & served to the lessee (Dad) so it's his case to defend because he didn't transfer the parking charge to you.  You can be his administrator but that's all.  No biggie.

The claim will be discontinued later anyway!

The car was a lease car which I no longer have and the tickets were issued through 2020/2021. 

Good. Glad it's a leased car.

Dad wasn't the registered keeper then, just the lessee/hirer. In his paragraph 3, he can say there was no compliant Notice to Hirer AND he wasn't the driver so as a matter of fact and law he cannot be held liable under the POFA or by any rule of law.

Then, he adds the stuff seen in all the other exact same threads that use Jopson v Homeguard.  Someone was working on a defence just like yours (about parking outside of a residential bay to unload) only this week, i think.

Search the forum and change BEST MATCH to NEWEST every time.

Finally, he adds to the Template defence, the extra paras 4-11 copied from the thread by @Johny86 (that's a link).

sophsam123

Amazing @Coupon-mad thanks. I know we should have transferred liability but we ignored letters as so many others have and thought engaging would somehow admit liability. Thanks for the additional stuff. I’ve done the AOS on his behalf so will now proceed with the defence