County Court Claim No previous letters

goldenmask

Hi,

I have read the newbies thread beforehand. My question is I just got a claim form for a PCN "parking for longer than permitted" ANPR letter, that goes back to last year 2023. I moved house in the meantime and never got any letters so don't even know the original fine amount. The the claim is for nearly £270, can I fight this? Can I say in my defence that I have had no letters and can they "the claimant" prove their letters were delivered, our household has not signed for any letters.

BTW can I use the moneyclaim.gov site to register my defence rather than use the enclosed paper forms?

Can I get this claim transfered to a local court, did I read correctly that you can?

Many Thanks

Coupon-mad

1. No don't do a defence like that.

2. No do NOT put a defence in via MCOL. The reasons why not are explained by bargepole in the Court Procedures link that you clicked on and read in the second post of the NEWBIES.

3. Yes your local court. But if it's DCB Legal there won't even be a hearing.

Show us the claim form but redact all QR Codes, your data, your VRM, claim no. and the MCOL password. Leave all dates showing.

Gr1pr

Get your V5c out and check that it was updated to your address, if not do it online ASAP, ditto with your driving licence 

The claimant obtained DVLA data for the address and will have sent the letters there, yours fault not theirs, so it's not defence, not do they have to prove delivery either, nothing to see with those aspects. They will have followed correct procedures at the time and could probably prove it in court 

There is no fine, just an invoice, typically £100 or less 

You will be nominating your local civil court when you fill in the DQ in a couple of months time 

goldenmask

Ok thanks, so they don't have to prove I received letters, so I would just have to say it's unfair charge as I did not have the PCN and early payment options, so not prepared to pay their made up fees?, the V5 was done promptly do DVLA info was there and correct, thanks.

goldenmask

Coupon-mad said:

1. No don't do a defence like that.

2. No do NOT put a defence in via MCOL. The reasons why not are explained by bargepole in the Court Procedures link that you clicked on and read in the second post of the NEWBIES.

3. Yes your local court. But if it's DCB Legal there won't even be a hearing.

Show us the claim form but redact all QR Codes, your data, your VRM, claim no. and the MCOL password. Leave all dates showing.

Thanks for your swift reply.

Thank you will upload if system let's me.

3. Yes your local court. But if it's DCB Legal there won't even be a hearing.
3. Yes DCB, how do you mean there won't be hearing,cheers?

Gr1pr

No filling it in on MCOL, no it doesn't let you upload it, although I believe that they should allow that option, its a PDF attachment emailed to them

Read the thread by Umkomaas, where over 360 claims were discontinued, so more research required until you get up to speed 

We dont know if the charge is unfair or not justified, a judge will determine that aspect, but only if it gets to a hearing , where it's either enforceable or unenforceable , or it will remain unresolved if they discontinued in the future, but over with for you, even if we never know if they had a case or not 

The early payment options etc are water under the bridge, you are defending the case in front of you by defending against the POC on the left hand side and also dissecting and querying the totals on the right hand side, especially the additional spurious charges like debt collectors fees

Deal with the claim form, putting your personal thoughts to one side, so a clear and level head, no assumptions, no useless sideshows, stop going off piste, its all a process where at the moment each side is testing the other, but its currently 0 - 0 in the First half , if the game is abandoned later on, the 0 - 0 remains as the recorded score outcome 

KeithP

What is the Issue Date on your Claim Form?

Have you filed an Acknowledgment of Service?
If so, upon what date did you do so?
Your MCOL Claim History will have the definitive answer to that.

Coupon-mad

Read the DCB Legal discontinuances thread.

  

LDast

Why do people insist on not bothering to read the Newbies/FAQ thread after being specifically advised to do so?

goldenmask

LDast said:

Why do people insist on not bothering to read the Newbies/FAQ thread after being specifically advised to do so?

I have read it, a lot of info spread about to take in, will study again 

goldenmask

Coupon-mad said:

1. No don't do a defence like that.

2. No do NOT put a defence in via MCOL. The reasons why not are explained by bargepole in the Court Procedures link that you clicked on and read in the second post of the NEWBIES.

3. Yes your local court. But if it's DCB Legal there won't even be a hearing.

Show us the claim form but redact all QR Codes, your data, your VRM, claim no. and the MCOL password. Leave all dates showing.

Here you go, DCB legal, there won't even be a hearing?