Missed G24 'fine' Claim Form (moved house, & housemate took it..)

Tylewcha

Hey, reading everything but in a panic, sorry!

Details below, but main point is - it's been 30 days since CCBC Claim Form was issued, due to moving house and my housemate taking my letter. Is it still okay to submit the AoS and Defence today?

• Received an invoice from G24 last year, but it was the '2nd' letter - never got the 1st.
• Reading around, seen that's a common tactic from G24 at this particular car park.
• It's on a retail park with no clear single business holding the contract with G24 for me to appeal to.
• Parking is free for 3 hours for customers, which I was, of several shops, but never got the 1st letter to know my times (in case they applied the 2-hour restriction of other spaces on me).
• The threads here for G24 stated to not respond to the repetitive letters (if you don't receive the 1st one) and wait for the Claim Form - if they don't drop it.
  
• Got the Claim Form (from CCBC) today - but it's dated 30 days ago. My housemate took it. I'm furious. We moved house over the time it would have arrived too.
• On moneyclaim it says: Available options: At this time you are able to respond to the claim by filing an Acknowledgment of Service, Defence or Part Admission. Thought I only had 14 days to AoS..?

Current understanding is:

• *Update - AoS has been submitted (got the guide) - Claim History just has 'Issued' and AoS, so hopefully G24 haven't requested judgement in between..?
  
• Submit Defence at 9am Monday (using this guide), via the CCBCAQ email?
• Wait for Directions Questionnaire (N180), Witness Statement & evidence and costs, and invitation to a hearing
• *Edit requested info - BW Legal rep them
  

I'm a med student, don't have spare funds, have exams in 4 weeks I need to focus upon - can barely think of how to handle this nor spend days trawling for arguments, and the joy of ADHD makes processing what I'm reading even harder. Thank you for any extra guidance if I've missed something!

YankeeBrit

@Tylewcha, submit your AoS immediately. IMMEDIATELY!!!!! Also, submit your defence IMMEDIATELY!!!! You are very likely to already have a default CCJ against you. If you haven't, do as advised above... IMMEDIATELY... today... NOW!!!!

If you haven't already received a default CCJ... go buy a lottery ticket... but not before you have filed your AoS and defence.

If you need a template defence, you may as well use this one but without knowing the PoC on the claim form, it may not be the absolute best but it is WAY, WAY better than nothing at all.

https://www.dropbox.com/scl/fi/xkazun4eej1ljxune8src/Updated-defence-Aug2023-extra-paras.rtf?rlkey=kimxwc9nkmguwmy53rhl9h0ht&dl=0

Read this post? Go NOW and do as advised. If you don't, this will be FUBAR'd

Coupon-mad

YES:

Just (first step) bung in the AOS online this afternoon!

That IMMEDIATELY stops a default judgment.  EVEN IF LATE. Buys you time as long as the system allows it.

Then use the Template tonight & show us your para 3.  Email it (signed &dated PDF) at 9am tomorrow to the CCBC.

Copy in the legals acting for G24 - is it BW Legal or Gladstones? - due to this:

Make sure your covering email states that the address for service has changed.  State the new address.  State that you require the CCBC, the Claimant, their legal reps and local court where the case will be allocated, to ERASE THE OLD ADDRESS and either contact you by email or post to NEW ADDRESS FOR SERVICE which is:

Flat/house number, Street name
Town
postcode

DO NOT DO A DEFENCE BY POST!!

MAKE SURE YOU GET AN AUTO REPLY TO YOUR DEFENCE EMAIL

KeithP

By updating your opening post as things change it makes it impossible for anyone to check - or even read and understand - what is going on.

Good luck.

Coupon-mad

• AoS has been submitted (got the guide) - Claim History just has issued and AoS, so hopefully G24 haven't requested judgement in between..?

• Submit Defence today (and this guide), submit via the CCBCAQ email?

• Wait for Directions Questionnaire (N180), Witness Statement & evidence and costs, and invitation to a hearing 

Yes - show us your planned paragraphs 2 & 3 (and more, if you need more facts space...no-one is constrained to one paragraph).

If AOS went in on MCOL successfully, you have won this race (no default judgment yet) and will be OK to email your defence.

REMINDER I SAID IN YOUR CASE:

Copy in the legals acting for G24 - is it BW Legal or Gladstones? - due to this:

Make sure your covering email states that the address for service has changed.  State the new address.  State that you require the CCBC, the Claimant, their legal reps and local court where the case will be allocated, to ERASE THE OLD ADDRESS and either contact you by email or post to NEW ADDRESS FOR SERVICE which is:

Flat/house number, Street name
Town
postcode

Tylewcha

YankeeBrit said:

...but without knowing the PoC on the claim form...

Thank you! Submitted AoS when you said, prepping Defence now. PoC:

Tylewcha

Coupon-mad said:

Yes - show us your planned paragraphs 2 & 3 (and more, if you need more facts space...no-one is constrained to one paragraph).

Copy in the legals acting for G24 - is it BW Legal or Gladstones? - due to this:

Thank you so much Coupon-mad, you're a lifesaver!

Representation is from BW Legal - I found your post saying their email is disputeresolution@bwlegal.co.uk

I've used the template provided by @YankeeBrit above, no changes bar the initial paragraphs 2 & 3 (& 4):

2.    It is admitted that the Defendant was the registered keeper and driver of the vehicle.
3.    The Defendant was present at [retail park] on [date 2023] for the purposes of visiting multiple stores present and purchasing multiple items.  Evidence of purchases at resident companies on this date are attached (can I add these as Appendix 1?).  Therefore the Defendant maintains that their presence was as a valid and true customer for the entirety of their presence on-site.
4.    The Defendant maintains that the Claimant, nor any person nor organisation representing them, provided any of the required initial letters outlining the purported parking event or its details, meaning the Defendant had no opportunity to investigate or appeal against the false claim.

Seems any further expansion should be saved for the Witness Statement?

As far as I know, the 'breach' was overstaying a 3-hour limit, but have never been provided with any actual times (so no idea how accurate or excessive or if they applied a 2-hour limit that's for other spaces), and as I outlined - they never provided the actual first letter (others caught by this site have reported the same, seems a purposeful tactic...)

Coupon-mad

All looks great - disaster averted!

Evidence of purchases at resident companies on this date are attached (can I add these as Appendix 1?). 

Nothing is attached to a defence. Wrong stage.

Tylewcha

Coupon-mad said:

All looks great - disaster averted!

Evidence of purchases at resident companies on this date are attached (can I add these as Appendix 1?). 

Nothing is attached to a defence. Wrong stage.

Wonderful human! Will delete that whole sentence saying I have evidence then. The template is incredibly impressive - read it all, generally understood, not amending anything as own knowledge is woefully insufficient, and I have faith in you all! Will schedule email to be sent at 09:01am (signed, pdf) with content also stating your address advice. Hope that's everything now, thank you again!

Coupon-mad

Yes - all good - as long as you get an email acknowledgement.