MET Parking near Stanstead Starbucks/McDonalds & Small Claims.

JacobsLadder7

I previously had an account but can't remember or find my old login details from last year so had to create a new account and new thread, apologies. I received a parking fine from MET parking around May last year which then went to DCB legal, due to family bereavements I was back and forth out of the country over the last 18 months and didn't respond to any correspondence. I've now got a letter from the civil national business centre which seems to be a CCJ. What shall I do? It seems from the newbie thread I've made an error in not responding initially complaining/appealing? Thank you

Castle

What is the issue date of the court claim?

JacobsLadder7

Castle said:

What is the issue date of the court claim?

Thanks for your reply. It was 16th of this month.

KeithP

JacobsLadder7 said:

Castle said:

What is the issue date of the court claim?

Thanks for your reply. It was 16th of this month.

No CCJ - County Court Judgment - has yet been made.
You do however have a County Court Claim.

With a Claim Issue Date of 16th October, you have until Monday 4th November 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 18th November 2024 to file a 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'.

JacobsLadder7

KeithP said:

JacobsLadder7 said:

Castle said:

What is the issue date of the court claim?

Thanks for your reply. It was 16th of this month.

No CCJ - County Court Judgment - has yet been made.
You do however have a County Court Claim.

With a Claim Issue Date of 16th October, you have until Monday 4th November 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 18th November 2024 to file a 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'.

Thank you so much for your help, I'll get on that ASAP!

Coupon-mad

You don't have a CCJ letter.

JacobsLadder7

@KeithP I've drafted my defence, any issues with this or alterations required? The Bold are the only areas I've edited. Thank you again!

1.  The Defendant denies that the Claimant is entitled to relief in the sum claimed, or at all.  It is denied that any conduct by the driver was in breach of any term.  Further, it is denied that this Claimant (understood to have a bare licence as agents) has standing to sue or form contracts in their own name. Liability is denied, whether or not the Claimant is claiming 'keeper liability', which is unclear from the boilerplate text in the Particulars of Claim ('the POC').

The facts known to the Defendant:

2. The facts in this defence come from the Defendant's own knowledge and honest belief.  Conversely, the Claimant sets out a cut-and-paste incoherent and sparse statement of case. The POC appear to be in breach of CPR 16.4, 16PD3 and 16PD7, and fail to "state all facts necessary for the purpose of formulating a complete cause of action". The Defendant is unable, on the basis of the POC, to understand with certainty what case, allegation(s) and what heads of cost are being pursued, making it difficult to respond. However, the vehicle is recognised and it is admitted that the Defendant was the registered keeper and driver.

3. On XX/XX/XX, the defendant arrived at Southgate Park near Stansted Airport in anticipation of picking up his brother, whose flight (flight no. here) was scheduled to depart Alicante at 10:35 a.m. and was expected to land around 12:15 p.m. The defendant arrived early, around 11:05 a.m., and purchased a coffee from Starbucks at Southgate Park, planning to stay there until approximately noon before heading to the airport. However, the flight was delayed, with a revised landing time of around 1:30 p.m., leading the defendant to remain in the car park longer than initially intended. During this period, the defendant was unaware of any time limit for parking as a paying customer.

KeithP

Have you filed an Acknowledgment of Service?

LDast

Why on earth are you admitting to being the driver when there is no obligation to do so. Your best defence is to defend as the Keeper and put the burden of proof on MET to prove you were driving.

The location is under statutory control and there is no Keeper liability. You are simply throwing away your best defence.

Then again it's a DCB Legal issued claim which means that whatever you put, it will be discontinued.

JacobsLadder7

@KeithP Yes I filed the AOS as you advised in the earlier message. @LDast It explained in the NB post to say if I was the driver to put that in there?

Coupon-mad

Yep you should admit to driving.  It is inadvisable to hide that.  And no need.

But DO NOT ADMIT TO OVERSTAYING!

Just write something vague with no timings whatsoever, and say no signs were seen so no purported contract was agreed or breached.  The Claimant is put to strict proof of all their allegations.