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Court claim form

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  • No no i found it and will draft a letter accordingly !!! 
  • Dear Sirs,

    Your Ref. ############
    Proposed Legal Proceedings
    Claimant: xxxxxx xxxxxxxx Ltd

    I refer to your your letter of claim.

    I confirm that my address for service for the time being - assuming you don't faff about and delay any claim - is as follows, and any older address must be erased from your records:
    [Correct address here]

    The alleged debt is disputed and any court proceedings will be vigorously defended.

    I am sourcing and seeking independent debt advice and as such, I formally request that this matter be put on hold for an additional 30 days, in accordance with the Pre-Action Protocol for Debt Claims 2017 ('the PAP').

    I note that the amount being claimed has increased by a hugely exaggerated amount which the Government called "extorting money from motorists".

    Don't send me your usual blather about that.
    I have two questions, and under the PAP I am entitled to specific answers:

    1. Am I to understand that the additional £70 represents what you lot dress up as a 'Debt Recovery' fee, and if so, is this nett or inclusive of VAT? If the latter, would you kindly explain why I am being asked to pay the operator’s VAT?

    2. With regard to the principal alleged PCN sum: Is this damages, or will it be pleaded as consideration for parking?

    Yours faithfully
  • Coupon-mad
    Coupon-mad Posts: 152,081 Forumite
    Part of the Furniture 10,000 Posts Name Dropper Photogenic
    edited 7 February 2024 at 4:18PM
    No.

    You have a claim form.  Above that suggested letter I clearly warn people that this is merely for replying to a LBC (before claim) and NOT to use it if you have a claim form.

    Please go back and read lower down.
    PRIVATE 'PCN'? DON'T PAY BUT DON'T IGNORE IT (except N.Ireland).
    CLICK at the top or bottom of any page where it says:
    Home»Motoring»Parking Tickets Fines & Parking - read the NEWBIES THREAD
  • KeithP said:
    With a Claim Issue Date of 1st February, you have until Tuesday 20th February 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 Tuesday 5th March 2024 to file your Defence.
    That's 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'.

    Hi Keith, I have just seen this and wondered what your view is on missing the date to acknowledge service? I have been away overseas for a few months, missed lots of post inc Claim Form. Now been told that I will have to pay £275 and complete the N244 form. Is this usual and no option but to pay this amount? 
  • KeithP
    KeithP Posts: 41,296 Forumite
    Part of the Furniture 10,000 Posts Name Dropper
    KeithP said:
    With a Claim Issue Date of 1st February, you have until Tuesday 20th February 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 Tuesday 5th March 2024 to file your Defence.
    That's 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'.

    Hi Keith, I have just seen this and wondered what your view is on missing the date to acknowledge service? I have been away overseas for a few months, missed lots of post inc Claim Form. Now been told that I will have to pay £275 and complete the N244 form. Is this usual and no option but to pay this amount? 
    @jcarver007, please copy this post on to your existing thread.
    It is unfair of you to try and divert this thread away from @justfedup23's predicament.
  • what file format is allowed...i cannot upload my document..thanks
  • i only changed paragraph 2 as instructed.  Any further advice at this stage would be appreciated. thanks
  • i only changed paragraph 2 as instructed the rest is as displayed.  Do i then need do the Money claim online as well??Any further advice at this stage would be appreciated. thanks.
  • KeithP
    KeithP Posts: 41,296 Forumite
    Part of the Furniture 10,000 Posts Name Dropper
     Do i then need do the Money claim online as well??
    In my earlier post on your thread I wrote...
    KeithP said:
    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
    Coupon-mad Posts: 152,081 Forumite
    Part of the Furniture 10,000 Posts Name Dropper Photogenic
    Do i then need do the Money claim online as well?
    Eek no!

    DO NOT EVEN PUT A FULL STOP THERE!

    Remove the bit that admits the vehicle was 'on the line of a yellow box'.

    We assume you have used the whole template defence, and will be signing & dating it under the Statement of Truth now, saving it as a multi-page PDF, then emailing it to where the Template Defence thread tells you.
    PRIVATE 'PCN'? DON'T PAY BUT DON'T IGNORE IT (except N.Ireland).
    CLICK at the top or bottom of any page where it says:
    Home»Motoring»Parking Tickets Fines & Parking - read the NEWBIES THREAD
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