Claim Forms

makoali123

Good Morning, 
I am new and have read the FAQ. I have had two Claim forms come through the post two days apart. (My wife has been binning the letters unfortunately so we are at this point...) Is there a way for me to easily get a new copy of the PCNS with details? I have completed acknowledgement of service and now have two weeks to form a defense. 

A bit about the background to explain some of the reasoning which may help with defence (or not)
Last year, we had a bad year. We finally found out we were having twins after years of IVF. Then in January we found out that my wifes waters were leaking on one of the twins. She was advised to limit her walking/movement to avoid being admitted. She then went on to have the twins at 28 weeks by emergency c section. Keeping the story short, we then were transferred between 6 different hospitals often one with each twin around the north of England. They had brain bleeds, emergency surgery, pulmonary hemorrhage and were both ventilated for a long time. 

Both being self employed, we have had a lot of time off work and finances are very tight. 

thankfully things are slowly improving, the twins are coming into their own and we consider ourselves very lucky.

1. PCN one was in a private car park near Leeds on the in January 2024 and is from Moorside Legal. My wife had parked in a disabled bay in an empty car park while her sister went into Greggs (an expensive sausage roll). In the particulars of the claim it states that we agreed to pay in 28 days. this was never the case as my wife has binned the letters.

the only thing they may be getting at is, they did send a letter of claim in which i sent back the defense template from this forum. They gave us 30 days to get independent debt advice. 

My wife was not officially entitled to park in the disabled space but as for the reasons above was advised to limit her walking. I am more than happy to take this one on the chin if you feel our defense options are limited. I will just agree to pay it in monthly affordable chunks.

2. PCN number 2 was a retail park and is from DCB Legal, my wife allegedly overstayed by about 15 minutes whilst shopping with her friend. It was in June of 2024 (Typically my wife's second trip since having 4 months in hospital.)
Reading a bit around the forum, it seems that i could use insufficient signage as well as time calibration issues in defense. I just need to get my hands on the original PCN to see how much over she was etc.

Any feedback is massively appreciated, I have read through everything i can on the forum apologies if I haven't followed any procedures. 
Thank you 

Fruitcake

If you have two claim for different events at different locations, I suggest you start a second thread for the second claim.

Please tell us the issue date of both claims, and the date upon which you completed the AoS for each claim.

Please tell us which PPC issued the claims.

To obtain copies of the two PCNs, the defendant  should send an SAR to the DPO of each PPC. Info' on this is in the NEWBIES. You will need to include non-photo' proof of ID such as a redacted copy of a utility bill or bank/card statement or a copy of the V5C.

makoali123

Thank you for the reply, I will edit this post or comment below(If i cant) with just the details of the former claim forms details I will be acknowledging service tonight after work and will also redact and post the claim forms. 
Claim one is UKCPS issue date of 17/01/24
Claim two is CP Plus Ltd T/A Group nexus issue date 14/01/24 (leaving it till last day to acknowledge")

I will repost tonight with more information on both and will work on the SARs to both companies.
Thank you

Gr1pr

I would not be submitting a SAR to either just yet, perhaps in 2 or 3 months time after the N180 stage is completed 

At that point follow the advice by Fruitcake above in submitting SARs

Car1980

Show us both claim forms with personal details and passwords removed first.

You defend what they are claiming and the onus is on them to make their case. Don't make their job easier by trying to find out extra information to help their claim.

makoali123

Hi Gr1pr thank you for replying, I will delay asking for the PCN's thank you. I was unsure if i could form a better defense using them. 

I will just acknowledge service tonight and start writing a defense using the draft template in the newbie guide. 

I will update this post with more details about claim form 1 and will start a second post for my second claim form as suggested by fruitcake. 

thank you

KeithP

makoali123 said:

I will update this post with more details about claim form 1 and will start a second post for my second claim form as suggested by fruitcake. 

Just addressing the UKCPS claim...

With a Claim Issue Date of 17th January, you have until Wednesday 5th February 2025 to file an Acknowledgment of Service('AOS'), but there is nothing to be gained by delaying it. 

To file an AOS, follow the guidance in the Dropbox file linked from the second post in the NEWBIES thread.

Having filed an AOS in a timely manner, you have until 4pm on Wednesday 19th February 2025 to file a 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 AOS guidance.

Don't miss the deadline for filing an AOS, nor that for filing a Defence.

Do not try and file a Defence via the MoneyClaimOnline website. Once an AOS has been filed, the MCOL website should be treated as 'read only'.

makoali123

This is the claim form.

 I will redact the other claim form and start a new post for that one. 

Thank you KeithP, I will file the AOS tonight. I will start to prepare a defence.

my wife was parked in a disabled space, as I say above she had no official right to be there. I am happy to pay this amount in monthly instalments if you think I will struggle to defend it. 

KeithP

Certainly make no mention of where your wife parked. No-one has been accused of parking in the wrong place.

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

It is alleged that 'The vehicle was parked in breach of the Terms on the C's signs (the contract)'.

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

This will be an easy win.

makoali123

Thanks KeithP that is good news, I misunderstood the system and didn't know the particulars of claim had to be more specific. I thought more information would have been presented further down the line. 
I will keep the details to myself and work on a defense using the template. 

Le_Kirk

Further to @Keith's advice, see the link I posted on your other thread about Chan & Akande