Pcn small claim but no defence

SophiaS · 4 January 2018 at 9:26PM

Am I doomed? Have I been stupid for ignoring private parking ticket demand letters? There is a claim form (with particulars of claim listed) sitting on my kitchen table from CCBC (BW Legal for Vehicle Control Services LTD).

Let me start by saying I'm a newbie, I joined the forum today. I've read the NEWBIES PRIVATE PARKING TICKET thread and instructions have been followed on filling out and completing a MCOL - which has now been submitted - but now I'm well and truly stuck.

I'm not a legal eagle, I'm barely managing the abbreviations in the threads I've read and I really don't know how to proceed.

I understand that some kind of defence needs to be put together but what if there really isnt one? Ignorance is no defence is it?

Here are the particulars. If anyone knows of a way to successfully defend the Small Claim it will be welcomed with open arms.

[*]Driver "overstayed" in a two hour free parking space at a retail shopping centre in Sheffield. Many retail and food outlets - one large carpark - no clue that there was a time limit in operation. Had never seen this before in this carpark.

[*]This happened in October 2015. Notice via letter in post.

[*]Can barely remember the details but car was over by 15 to 30 mins.

[*]Countless letters were received from Vehicle Control Services all of which were ignored following what now seems really bad advice.

[*]Letters (and calls) from BW Legal services commenced (and ignored). All letters were originally kept for ages, but then discarded.

Claim form with Issue date 3rd Jan 18 received today and AOS on MCOL filled & completed. CCBC in Northampton.

Without the letters or even the clear memory of the parking infraction, how can the driver defend or minimise this claim? Driver should have been more vigilant on signs in or around the car park but wasn't. It was an honest oversight.

If anyone has any idea how to begin to draft a defence i would be more than grateful.

Redx · 4 January 2018 at 9:30PM

I hope you have NOT filled out an MCOL

you are only required to do the AOS online and then you have 28 days from the date of service to complete your defence

this is submitted in response to the MCOL, which we assume you received from Northampton CCBC, not from VCS and not from BW LEGAL either

the CCBC issues the MCOL on their behalf

if you have only done the AOS and nothing else, then read a dozen or more court claim defences posted on here over the last 6 months , especially those linked in the NEWBIES sticky thread post #2

then draft your own based on those other examples, post the draft on here for critique and feedback

ps:- do not beat yourself up about ignoring their letters, it would still be at this stage even if you had replied , so IGNORING THEM was one strategy and nothing wrong with doing so in which case you have done nothing wrong

edit your previous post and remove any hint of who was driving, its a secret and there are millions of people here in the UK that can drive that vehicle, you are the KEEPER of that vehicle as the V5C has your details on it (I ASSUME)

waamo · 4 January 2018 at 9:32PM

There is no such thing as a registered driver. Does the claim mention POFA?

KeithP · 4 January 2018 at 9:37PM

Hi SophiaS. Welcome.

The first thing you need to do is edit your post to remove all clues to the driver's identity.

You are the keeper of the car.

It is important that you do not say who the driver is.

For example, your second bullet point should perhaps start:

The driver "overstayed" in a two hour free parking space...

Please review and adjust the rest of your post accordingly.

fisherjim · 4 January 2018 at 9:40PM

"County court is in Northampton"

No it isn't that's just the clearing centre you appoint your court of preference.

SophiaS · 4 January 2018 at 9:43PM

Hi Redx. You are right....its just the Acknowledgement part. And yes the form was from Northampton CCBC with VCS as the claimant and BW Legal - their representative I'm guessing.

If Newbies sticky thread post 2 is where the guide to filling out the AOS is then i have read the various defences people have used. All had strong legitimate defences.....none seemed to be similar, eg over stayed in a 2 hour free car park and proceeded to ignore demand letters.

I cant even prove if VCS didnt follow procedures as I've cleared out all letters i kept, so all dates of letters etc are no longer at hand. I am distraught and its all my fault.

Original fine was either £75 or £100.

I now have to pay £245.42

I should have paid the original fine and not ignored the letters.

Its sods law

Redx · 4 January 2018 at 9:44PM

SophiaS wrote: »

Claim form with Issue date 3rd Jan 18 received today and MCOL filled & completed.

County court is in Northampton.

no it is not

that is the government civil service office where these claims are issued from , not a court at all, its just a business centre , hence the BC in CCBC

think of it as being like the DVLA in swansea, or the pension centre up in or near gateshead - they have to have these offices somewhere in the country , so for court claims they have 2 admin centres , one in Northampton and one in Salford

your nearest court is where this will be sent later down the track

Quentin · 4 January 2018 at 9:47PM

You shouldn't be ignoring #4

The ppcs monitor here and can use your posts against you!

Redx · 4 January 2018 at 9:48PM

still needs more editing in post #1

THE DRIVER was over

THE DRIVER should have been more vigilant

etc

what happened on the day happened to the DRIVER

what has happened SINCE that day has happened to the KEEPER

only refer to THE DRIVER and THE KEEPER, no "ME , MYSELF & I"

SophiaS · 4 January 2018 at 10:27PM

Ok....so i will take this opportunity to thank you guys for taking the time to point out typo's/post etiquette/location of CCBC or not etc ......rather than some solid pointers of what the DRIVER or the KEEPER could even begin to write as a defence for a percieved parking infraction that OP doesn't feel entirely resembles the experience/defence of other DRIVERS in other threads.

Will keep searching for answers.

KeithP · 4 January 2018 at 10:39PM

Posting etiquette??
I have no interest in that.

Only yesterday on another thread I posted this:

Just before Christmas I received a PM from a poster showing me that a PoPLA appeal had been lost simply because the operator was able to show that the keeper appellant was actually the driver. They did this by using screen prints from this very forum.

Good luck with whatever you decide to do.

Pcn small claim but no defence

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