Money Claim County Court Letter

rashid

Hi all,

I have received a Money Claim County Court Letter Issue Date: 04/06/2024 from G24 Limited via BW Legal. 

It says:

"Particulars of Claim

The Claim is for £160.00 due from the Defendant for an unpaid parking charge following a contractual breach which occurred on 09/11/2018 in the private car park/land at Office Outlet 31-37 East Street Epsom KT17 1BD by the driver of "XXX"

The private car park/land was lawfully occupied by the Claimant. The displayed terms and conditions offered the driver a contractual licence, were accepted upon entry by the driver, and subsequently breached.

Driver's breach:

Exceeded Permitted Stay Time

Despite demands, the parking charge remains unpaid.

The Claim also includes £70.00 recovery costs as set out in the terms and conditions and in the ATA AoS Code of Practice."

G24 started sending me letters in 2022 onwards but I had never received the original parking charge on the date mentioned.  That car park was not managed by G24 at the time & Office Outlet had closed down, the other shop adjacent to Office Outlet told me that there's never been a parking limitation and has always been for customers. I took pictures and video at that time in 2022 showing there was no limitation in time. G24 have now sent this money claim via BW Legal. I'm now in day 12 and need to disagree with the claim & put in a counter claim very quickly & need help in doing this please. Thank you everyone.

Coupon-mad

Same advice as the other G24 overstay claim earlier today.  Go read that one first (no link because we'd have to look to find it and we encourage you to look).

You don't need to defend "very quickly".
You do the AOS quickly to buy a bit more time to defend.

Looks like you missed reading the NEWBIES thread 2nd post explaining it.  

KeithP

With a Claim Issue Date of 4th June, you have until Monday 24th June 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 July 2024 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 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'.

rashid

Thank you, I have followed guidance & just filled three AOS. Will read about the next step & will search for G24 post. As you advised, I won't file the defence via the MoneyClaimOnlne website but can you please advice how should I file the defence pleased? Thank you.

KeithP

rashid said:

As you advised, I won't file the defence via the MoneyClaimOnlne website but can you please advice how should I file the defence please? Thank you.

Certainly can.

As I wrote earlier...

KeithP said:

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.

rashid

Hi all, I did file an AOS which was submitted 15/06/24 & acknowledged 17/06/24. Have I missed the deadline to produce a defence? Is it too late now? What are my options now? Is it only to pay them to avoid a CCJ? Thanks

Gr1pr

Login to MCOL and copy and paste the claim history below 

Your deadline was nearly 2 weeks ago 

rashid

A claim was issued against you on 04/06/2024

Your acknowledgment of service was submitted on 15/06/2024 at 22:02:34

Your acknowledgment of service was received on 17/06/2024 at 01:06:03

Recent

KeithP

rashid said:

Hi all, I did file an AOS which was submitted 15/06/24 & acknowledged 17/06/24. Have I missed the deadline to produce a defence? Is it too late now? What are my options now? Is it only to pay them to avoid a CCJ? Thanks

To answer your questions...

Q) "Have I missed the deadline to produce a defence?"

A) Yes you have. Over a month ago I clearly wrote on your thread...

KeithP said:

...you have until 4pm on Monday 8th July 2024 to file your Defence.

Q) "Is it too late now?"

A) Normally I would say yes, but as the MCOL Claim History shows that the Claimant has not yet sought a Default Judgment, you are still in with a hope.


Q) "What are my options now?"

A) Choose from these...

1. file a Defence now and hope it gets filed before the Claimant seeks that Default Judgment.
   
2. pay the Claimant the amount specified on the Claim Form.
3. do nothing and wait for that Default Judgment against you.

Suggest you choose option 1.

rashid

Thank you for your response & help.
I'm in the process of a mortgage & obviously want to avoid a CCJ.
If I file a defence today, how can I know if it's filled before the claimant seeks the default judgement?
I received a letter from BW Legal dated 10 July about it's not too late & offer to pay £40 per month etc & states that I can take advantage of this offer by calling them before 31 July 2024 to setup the plan or by registering to use their Customer Portal.
My main defence is that their PCN only shows images of car entering & leaving, they state:
 Permitted Free Parking (minutes): 45

Your Parking Period(minutes): 56

 Entrance Time: 09 Nov 2018 16:52:26

Exit Time: 09 Nov 2018 17:48:04

But they have not shown any proof of a sign mentioning this so called 45 min parking limit.
When I went to check back in 2022 it was another parking company & they had no limit just that parking is for customers only, I spoke with the only shop there which was a wine store as Office Outlet had closed & the owner told me that it's always been parking for customers only & no limit. So is my defence strong enough that is saying the burden of proof is on them to prove this limit?
Please advise, thank you.

Gr1pr

Its a race, meaning choose option 1, email your template based defence to the correct CNBC email address before Monday and keep checking your claim history for additions from Monday or Tuesday onwards