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county court summons

mary6157
mary6157 Posts: 11 Forumite
edited 12 October 2018 at 3:36PM in Parking tickets, fines & parking
Hi,

I have received a
MCOL claim form for a parking ticket issued on 20/08/16. Ihave acknowledged service of the summons and have stated my intention to defend all of the claim.
The circumstances are:
vehicle was parked at pub car park in a parking bay and did not see any signage indicating there was a charge for parking.
I have ignored all the letters I have received following advice from a friend and have now received the summons.
The company is Parking Awareness Services and they are represented by BW legal.
I have read all the advice in the "Newbies post" and am looking for some advice as to how to build my defence.


I will try and post some photos I have recently taken of the car park and signs.

I am grateful for any advice.

The cost of the claim is £258.02.
I will also post a copy of the claim form.
«13

Comments

  • System
    System Posts: 178,092 Community Admin
    Photogenic Name Dropper First Post
    I parked at a pub car park in a parking bay and did not see any signage indicating there was a charge for parking.

    Pay and Display are difficult ones to defend though there have been one or two PAS claims defended as their signs are really bad.

    Though it is normal for PAS to have to make the running on most claims, with non-payment claims it is better for the defendant to do the work by providing pics of the car park / missing signs. Can you do that?

    You might want to search the forum to see if the car park comes up and someone has pics you can use.
  • Quentin
    Quentin Posts: 40,405 Forumite
    edited 12 October 2018 at 3:11PM
    Throughout here you are advised never to reveal who was driving

    You need to edit your post to remove details of who was driving

    If you have used your real name as your forum name then ask MSE to change it to something completely anonymous

    The Ppcs monitor this forum and can use your posts against you

    #2 in the newbies FAQ thread covers Court claims and how to defend them

    Construct your draft defence and post it here for comments before sending it
  • mary6157
    mary6157 Posts: 11 Forumite
    I do have photos but I don't seem to be able to add them to this post.
  • Redx
    Redx Posts: 38,084 Forumite
    First Anniversary Name Dropper First Post Photogenic
    edited 12 October 2018 at 3:14PM
    edit post #1 and remove any hint of who was driving on the day (hint , it was the DRIVER)

    and its not a "summons" either , it is an MCOL from Northampton CCBC

    a summons is for criminal charges, not civil disputes

    host photos on tinypic and add a dead URL to them, by changing http to hxxp

    also post the DATE OF ISSUE and the POC from the claim form below


    also read this thread for inspiration


    https://forums.moneysavingexpert.com/showthread.php?t=5904070
  • KeithP
    KeithP Posts: 37,567 Forumite
    Name Dropper First Post First Anniversary
    What is the Date of Issue on your Claim Form?
  • mary6157
    mary6157 Posts: 11 Forumite
    [IMG]hxxp://i.postimg.cc/1zwR0c2s/photo5.jpg[/IMG]

    not sure if this worked but tried to upload claim form
  • mary6157
    mary6157 Posts: 11 Forumite
    date of issue is 27/09/18
  • Redx
    Redx Posts: 38,084 Forumite
    First Anniversary Name Dropper First Post Photogenic
    mary6157 wrote: »
    [IMG]hxxp://i.postimg.cc/1zwR0c2s/photo5.jpg[/IMG]

    not sure if this worked but tried to upload claim form


    live link to a car park photo (not a claim form)


    https://postimg.cc/xkjSnH94


    edit post #1 to say MCOL, not "summons", there is no summons in your case


    post the POC too
  • KeithP
    KeithP Posts: 37,567 Forumite
    Name Dropper First Post First Anniversary
    edited 12 October 2018 at 3:37PM
    mary6157 wrote: »
    date of issue is 27/09/18
    With a Claim Issue Date of 27th September, and having done the Acknowledgement of Service in a timely manner, you have until 4pm on Tuesday 30th October 2018 to file your Defence.

    That's over two weeks away. Plenty of time to produce a top class Defence, but don't leave it to the last minute.


    When you are happy with the content, your Defence should be filed via email as described here:

    1) Print your Defence.
    2) Sign it and date it.
    3) Scan the signed document back in and save it as a pdf.
    4) Send that pdf as an email attachment to CCBCAQ@Justice.gov.uk
    5) Just put the claim number and the word Defence in the email title, and in the body of the email something like 'Please find my Defence attached'.
    6) Log into MCOL after a few days to see if the Claim is marked "defended". If not chase the CCBC until it is.
    7) Wait for your Directions Questionnaire and then re-read post #2 of the NEWBIES thread to find out exactly what to do with it.
  • mary6157
    mary6157 Posts: 11 Forumite
    [IMG][/img][IMG]hxxp://i63.tinypic.com/b3r800.jpg[/IMG]
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