NPM Ltd - Gladstones - Claim Form - Writing Defence

FloatBoatMoat

Hi,

I have belatedly discovered this website and have read all the details of the NEWBIEs threads and am up to date on much of what is required.

I received a claim dated 14 June and have completed my AOS. I am now in the process of writing my defence in reponse to a typically inadequate POC provided by the Claimant.

I have included the paragraphs stating the claim should be struck out citing Chen. And am now giving my recollection of events.

What I am wondering is I had initially appealed the PCN when receiving it as I was unaware of the very helpful message board here at the time, and wasn't aware that it was a scam. I expected that anyone reasonable reading my appeal would accept it (more fool me). Now as the car park site in question did not have a functioning ticket machine I was required to download an app and being as this is a remote site, it was 3G and took an age to download. I downloaded it and paid (and have the receipts), but they sent me a PCN a few weeks later regardless (and having since read up on the car park in question, this is a common experience). Upon appealing it with NPM it is stated that I am not to contact them within 28 days as this might delay the appeal. After 28 days had passed I contacted them as I had not received a response. They responded that they had rejected my appeal and had emailed me to say so and that it was now with debt recovery. I had no record of this email. When I attempted to then lodge it with the ombudsman on the same day, it said the date had expired to do so.

I know now appealing it was a waste of my time anyway. But should I include this in the defence statement of events?

Coupon-mad

There was no ombudsman.

Yes include everything you said above, in your facts para 5.

Please show us the POC.

Which solicitor?

1505grandad

"claim should be struck out citing Chen"

A heads-up  -  make sure you cite the correct case.

FloatBoatMoat

It's Gladstones

FloatBoatMoat

Just to add, I have reread the appeal rejection letter. In the appeal process they say to not contact them within 28 days. The response was "sent" 4 days following the appeal. And in the response it says any appeal to the "IAS" must be within 21 days of the letter rejecting the appeal. So allowing for the 28 days and that they repsonded within 4 giving me 21 days to lodge it with "IAS", it's clear they had no intention of allowing me to do so.

KeithP

FloatBoatMoat said:

I received a claim dated 14 June and have completed my AOS. I am now in the process of writing my defence in response to a typically inadequate POC provided by the Claimant.

With a Claim Issue Date of 14th June, and having filed an Acknowledgment of Service in a timely manner, you have until 4pm on Wednesday 17th 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 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'.

As you say, those Particulars of Claim are totally inadequate.

Nowhere in those Particulars is there any explanation of what the driver is alleged to have done wrong.

This will be an easy win.