Court claim - Fell asleep at services

dm85yeeha

Hi guys,

Sept 2018 I made a trip to the lakes, arrived late and stayed in a yha overnight and then a day up scafell. On my way home that evening I was absolutely done in so I stopped at sevices for a nap. Didn't get out the car at all, literally pulled up, dozed off, woke up and drove off. Didn't even use the loo.

I did get threatening letters shortly afterwards but not being from police/council etc I was inclined to thinking they can stick it. Also being 5 years ago I cant remember it very clearly (so I arent sure whether it was noted in the original threatening letters or whether I actually remember it being) but I was parked for around 2hours 15minutes.

I've read the newbies thread, got the court procedure and template defence bookmarked, scoured lots of posts at the weekend trying to clue myself up and have today searched for more relevent ones after doing the AOS via mcol. It feels rather like drowning trying to make sense of everything so thought I'd make a post in the hope someone could boil things down for me and keep my defence as simple yet bases covered as possible.

Could anyone advise which sections of the template would be most appropriate for me, if there are any that are an absolute must/must not use etc.

Thanks in advance,

Fruitcake

It is not too late to implement Plan A, a complaint to the landowner, and your MP.

A service station is supposed to be a refuge, a place of safety, but the actions of the PPC are encouraging tired drivers to get back on the road and commit a criminal offence, as well as increasing the chances of having an accident.


This should all of course have been done when the keeper received the NTK, but that cannot now be helped.

Meanwhile please tell us the date upon which you completed the AoS, then get stuck into the guide to court written by bargepole you will find in the second post of the sticky Announcement for NEWBIES, and the template defence. You will be including the CEL v Chan appeal case decision because the PoC in your claim are vague and woefully inadequate.
Not that it does not actually say it was for an overstay, so you will have no idea why the claim was issued. For example, was it for parking a red car in a bay reserved for blue cars, or failing to pay, or failing to dance a jig before leaving?

KeithP

@Fruitcake, I think the POC states the location as "Roadchef Killington Lake".  

KeithP

With a Claim Issue Date of 24th November, and having filed an Acknowledgment of Service in a timely manner, you have until 4pm on Thursday 28th December 2023 to file your Defence.

That's over three 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 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'.

Fruitcake

KeithP said:

@Fruitcake, I think the POC states the location as "Roadchef Killington Lake".  

Sorry, you are right. I saw Jack Straws Castle. where UKPC have come to grief twice taking IloveElephants to court and thought that was the location of the alleged event, whereas it appears to be where Group Nexus now have an orifice.

That will learn I to speed read.

dm85yeeha

Hi guys,

Recieved dcblegals DQ on the 6th and my own to fill in on the 14th. Have sent n180 to claimants email but aren't sure what email address to use for the CNBC. Sods law it seems the day I hope to get it scratched off they're updating their mailboxes!

Coupon-mad

You use the one that the first 12 steps tells you, in the Template Defence thread.

dm85yeeha

Had pretty much forgotten about this until today recieved a N24 letter saying that I have failed to file the n180 and that I must do so within 7 days of 10/6/24, which pretty much leaves me Monday to sort it out. 

Have checked my emails and can prove I sent on time to both the claimant and the court. Will attach pics.

Can anyone advise on what to do for my next move? I really don't want them saying I've not done what I was supposed to and by when they say I should.

Also, I'd hoped to check on MCOL but it seems to be 'service unavailable'. Is anyone else having trouble with it at the mo?

Coupon-mad

Just forward it, of course.

dm85yeeha

Do you mean forward my proof to the same email at the cnbc?

Have managed to get on to mcol, heres the list of recent transactions -

Claim Status

A claim was issued against you on 24/11/2023

Your acknowledgment of service was submitted on 05/12/2023 at 10:47:33

Your acknowledgment of service was received on 05/12/2023 at 12:05:33

Your defence was received on 09/01/2024

Case Stay Lifted on 14/02/2024

DQ sent to you on 14/02/2024

DQ filed by claimant on 14/02/2024

DQ filed by claimant on 27/02/2024

Your claim was transferred to STOKE ON TRENT on 20/03/2024

Notification of DQ filed by claimant removed on 10/06/2024

General sanctions order was made on 10/06/2024

Is it normal where it says that 'DQ filed by claimant' twice? I ask as I sent my copy of n180 to claimant on the 27th and am wondering if that could be the mistake and why they've decided I've not sent it?

Also it says transferred to stoke on trent 3 weeks-ish later... I'm left wondering how/why it would be transferred to my local court if they'd not recieved my request to do so.

I really aren't sure how best to get this cleared up. Do I put faith in emails that have already let me down, spend hours on hold, try my local court as apparently it's now been transferred there, or even drive the 100 miles to northampton?

 

Bazarius

dm85yeeha said:

Do you mean forward my proof to the same email at the cnbc?

Have managed to get on to mcol, heres the list of recent transactions -

Claim Status

A claim was issued against you on 24/11/2023

Your acknowledgment of service was submitted on 05/12/2023 at 10:47:33

Your acknowledgment of service was received on 05/12/2023 at 12:05:33

Your defence was received on 09/01/2024

Case Stay Lifted on 14/02/2024

DQ sent to you on 14/02/2024

DQ filed by claimant on 14/02/2024

DQ filed by claimant on 27/02/2024

Your claim was transferred to STOKE ON TRENT on 20/03/2024

Notification of DQ filed by claimant removed on 10/06/2024

General sanctions order was made on 10/06/2024

Is it normal where it says that 'DQ filed by claimant' twice? I ask as I sent my copy of n180 to claimant on the 27th and am wondering if that could be the mistake and why they've decided I've not sent it?

Also it says transferred to stoke on trent 3 weeks-ish later... I'm left wondering how/why it would be transferred to my local court if they'd not recieved my request to do so.

I really aren't sure how best to get this cleared up. Do I put faith in emails that have already let me down, spend hours on hold, try my local court as apparently it's now been transferred there, or even drive the 100 miles to northampton?

 

The court will serve  each parties the General Sanctions Order letter in the post  - it will say exactly who and what Order has not been previously complied with .   

Usually, such Orders at this stage will be that a party has failed to file and serve the completed N180 forms  and the Judge will give  a new deadline to comply with the Order.  It is likely it will now need to be filed to the Stoke-on-Trent CC 

Looking at the above it is probably the Defendant that had failed but sometimes it’s a clerical error or it got lost in the post but the directed party will still need to comply with the Order