Genuine letter from court or not? What to do next?

thusprider

I have previously received a debt collection letter asking for roughly £140 (I thought this was a scam so threw it in bin)

I have now received a genuine looking court letter asking for £260 or the parking company might issue a CCJ against me (or dispute the claim) Details given are for not paying for duration of stay at a car park in front of shops that i visit frequently. It was from 6 months ago and I dont remember what happened and did not receive an initial letter or any details.

can anyone offer some kind advice on how I should proceed? Thankyou

ChirpyChicken

All on the newbies 

Nellymoser

You need to defend the claim.
To proceed go to the 7 Announcements threads at the top of page 1
NEWBIES 2nd post Small Claim and
Template Defence

Post copy of your claim form with the 4 redactions - your name/address, car reg in POC,
Ref number and password in Important Note.

Check DVLA address is current on your V5C since you didn't receive pcn letters from parking company.

Car1980

Show us your claim form (password and personal details reached).

Let me guess - it's a DCB Legal bulk claim?

Gr1pr

Its an N1SDT court claim pack from the CNBC in Northampton using MCOL,  a genuine live claim,  so you must defend it 

Post the issue date from the top right of the claim form 

Post a redacted picture of the POC on the lower left of the claim form after hiding the VRM details first 

Post the name of the parking company and the name of the legal company below,  top left boxes

Delete your 2 pictures above because we don't need to see those 2

Get your V5c log book out and check that its up to date,  with the correct name and address,  an old address is the usual reason for not receiving paperwork 

Study the second post in the newbies sticky thread in announcements near the top of the forum,  plus study the defence template thread too, again in announcements 

Coupon-mad

thusprider said:

I have now received a genuine looking court letter asking for £260 or the parking company might issue a CCJ against me (or dispute the claim) Details given are for not paying for duration of stay at a car park in front of shops that i visit frequently. It was from 6 months ago and I dont remember what happened and did not receive an initial letter or any details.

can anyone offer some kind advice on how I should proceed? Thankyou

Same as all the other parking claims this year. We don't need to advise you. Read around the forum this weekend!

So easy. You could literally copy a defence.

But please state which solicitor and which parking firm and show us the page we actually need to see (read other threads first to see in minutes what to show us and what data to redact).

thusprider

Thank you everyone for the replies, this is the claims form with redactions

Coupon-mad

I presume you have seen and read the other Myrtle Parade thread replied on today. I am not linking it (I never do because it's easy to find threads by skim reading thread titles and it would defeat the object for us to have to go looking, when newbies learn more by navigating the forum themselves).

They have a worked defence on their thread... but don't do what they did!

thusprider

Coupon-mad said:

I presume you have seen and read the other Myrtle Parade thread replied on today. I am not linking it (I never do because it's easy to find threads by skim reading thread titles and it would defeat the object for us to have to go looking, when newbies learn more by navigating the forum themselves).

They have a worked defence on their thread... but don't do what they did!

Thanks for the reply
I have tried looking but I cant find it (I dont have a computer and its difficult loading the forum on my phone) could you please link it

thusprider

Hi again, I have read most of the information suggested and plan to go to moneyclaim.gov.uk to acknowledge this claim.
i have drafted a defence: Any suggestions or edits are greatly appreciated!

DEFENCE

1. The Defendant is the registered keeper of the vehicle referenced in the claim. The Claimant has failed to provide sufficient detail of the alleged contravention to enable the Defendant to properly assess and respond to the claim.
2. The Defendant denies any liability whatsoever to the Claimant. The signage at the location (Myrtle Parade, Liverpool, L7) was unclear and no contract was formed with the driver.
3. The Claimant has not demonstrated that they have the authority to bring this claim. The Defendant puts the Claimant to strict proof that they have sufficient interest in the land, or that they have been properly authorised by the landowner to pursue claims in their own name.
4. The Claimant has not complied with the requirements of Schedule 4 of the Protection of Freedoms Act 2012 (POFA). The Notice to Keeper was not issued within the statutory 14-day period, and therefore the Claimant cannot hold the registered keeper liable.
5. The Particulars of Claim do not meet the requirements of CPR 16.4 and PD 16, and are vague and insufficient. No cause of action is stated clearly, and the claim fails to give reasonable notice. The Defendant asks that the court orders full particulars be provided.
6. The amount claimed (£261.44) is excessive and includes an additional £85-90 in legal and miscellaneous fees which are not recoverable under the small claims track and are an abuse of process, as established in Excel v Wilkinson (2020).
7. The Defendant requests the claim be struck out or dismissed, or in the alternative, that it proceeds to a hearing so the Defendant may properly contest the claim.

STATEMENT OF TRUTH
I believe that the facts stated in this defence are true.

Signed: 

Nellymoser

It won't be far back in the list of threads if it was replied on yesterday try looking on page 2 3 or 4.
Or search Myrtle Parade change the best match to newest.

Did you manage to complete AOS?