Parkingeye court claim

Foxy0_0

I have received a a civil national business claim (CCJ) and have completed the defence paperwork. 
I would be grateful for some advice before I send on the email to Northampton.

KeithP

I think you have probably received a Claim rather than a CCJ.  CCJ = County Court Judgment.   

What is the Issue Date on your Claim Form?

Can you please show us a picture of the Particulars of Claim - with all your personal detail hidden of course.

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.

You mention 'counterclaim' in your thread title. What are you planning to counterclaim for?

Can you tell us a little about what you are accused of doing wrong?

Foxy0_0

Thanks for your quick reply. The issue date is 19th November 2024. 
Yes, I have filed an acknowledgement of service as per the link.
I know I have lost a small amount of days but have done this today, 24/11/24.

Foxy0_0

I am not considering a counterclaim.  It states defence counterclaim as a heading on the form. 

KeithP

Foxy0_0 said:

Thanks for your quick reply. The issue date is 19th November 2024. 

Yes, I have filed an acknowledgement of service as per the link.
I know I have lost a small amount of days but have done this today, 24/11/24.

You haven't lost any days.  

With a Claim Issue Date of 19th November, and having filed an Acknowledgment of Service in a timely manner, you have until 4pm on Monday 23rd December 2024 to file a Defence.

That's over 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 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'.


You need to be aware that those Particulars of Claim are totally inadequate.
Particularly this bit...

So it is alleged that the driver 'breached the terms on the signs (the contract)'.

And that allegation is then repeated - 'Reason: Vehicle Remained On Private Property In Breach Of The Prominently Displayed Terms And Conditions'.

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

This will be an easy win.

Umkomaas

That's via DCB Legal?  Follow advice in the NEWBIES FAQ Announcement, second post, then read the following thread. @KeithP will advise on the actions and dates you will need to comply with to get the initial defence actions underway. 

PE offload stuff to DCBL when they have little confidence they can collect themselves, and with an in house team of lawyers, they can litigate successfully without a third party involvement. 

https://forums.moneysavingexpert.com/discussion/6377263/dcb-legal-record-of-private-parking-court-claim-discontinuations/p1

Foxy0_0

Thanks both  for your advice and time,  it's much appreciated. 

KeithP

Umkomaas said:

That's via DCB Legal?

Yes, from DCB Legal Ltd.

A picture from their website...

     

Foxy0_0

I've already completed the defence template but wondered if you could advise on the para 3 "Explain in your own words" not sure if it's advisable to paste on the thread ?

KeithP

Foxy0_0 said:

I've already completed the defence template but wondered if you could advise on the para 3 "Explain in your own words" not sure if I can paste on the thread in case anyone sees it?

If you are using the template Defence, then please show us the paragraphs you have changed - just the paras you have changed, not the whole lot. You can of course mask any identifying detail like names, vrm, etc.

Foxy0_0

3. [EXPLAIN IN YOUR OWN WORDS...Say why the car was there - 

The vehicle was not parked on Pagefield  car park site on Monday 30/10/2023 at the time shown on the initial PCN attached photograph.

The defendant can provide witness statements as evidence the car was parked at my home address at the time and date stated on the evidence photograph.