NCP and BW Legal County Court Claim Form

Vicky7260

Hi, I’ve read the newbies thread and a couple of other threads concerning these people but would like your help if possible.

Ive received a Claim Form form the CNBC (dated 6/12/23 so seemed served 11/12/23) for none payment of parking in a car park in Spinningfields Manchester. 

I intend to defend this all the way and know I need to file the AOS by I assume 27th December given the Christmas Bank Holidays (is this correct) with the defence being due by the 8th Jan.

Circumstances… I parked in the car park and the only pay to pay was on leaving, unfortunately I and other people were unable to pay as the machine was
down. I tried to pay on line but was unable to (just kept getting an error message)

I don’t recall receiving any other letters before the claim form but can’t guarantee that I didn’t! 

How would you proceed to
defend? 

TIA 

KeithP

With a Claim Issue Date of 6th December, you have until Thursday 28th December 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 Monday 8th January 2024 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'.

Coupon-mad

Please show us the bottom half of the claim form with the MCOL password & your VRM covered. 

Vicky7260

Hi, POC’s attached as requested. I’ve also filed the AOS on line defending all of the claim. 
thanks all 

Fruitcake

Wholly inadequate PoC, so the whole of the CEL v Chan case from the template defence should be included in your defence. Post it here (only the parts of the template you have changed) for the regulars to see before you submit it.

Coupon-mad

I don't think it is inadequate POC; the breach is stated low down.

So I think just use the Template Defence.

Vicky7260

As daft as it sounds what is my defence, the way it used to be was if the machines weren’t working you would pay at the exit barriers before leaving. However, they have changed it to ANPR with no exit barriers and no way to pay at the barriers. I tried to pay on line but just kept getting an error message. (Machines weren’t working BTW)

Coupon-mad

Your defence is already 95% written for you. Show us your facts paragraph 3.

Vicky7260

Coupon mad thank you 

Vicky7260

Can someone please have a look at my defence (it seems a bit weak) I can’t put the full one on here for some reason but have put para 2 &3 which are the ones I’ve amended 

Vicky7260

Sorry should have said needs to be in by the 8th