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  • FIRST POST
    • Burnhill
    • By Burnhill 28th Aug 18, 10:07 AM
    • 24Posts
    • 3Thanks
    Burnhill
    Court Claim - Letter attached - Urgent
    • #1
    • 28th Aug 18, 10:07 AM
    Court Claim - Letter attached - Urgent 28th Aug 18 at 10:07 AM
    Hey,

    I've attached the full letter, with sensitive details omitted, to the post.

    We've received a court claim for 249.25 for parking at a private retail parking lot, which at the time had no functioning retail store open. Unfortunately, having been on holiday, we now only have 5 days to reply to the letter (14 days + 5 for service) and I would like to contest this, even if we end up paying only part of it.

    Some particulars:
    • Our car was in the car park for 2 1/2 hours max
    • We have not responded to any previous letter

    I assume I should complete the Acknowledgement of Service (AOS) at moneyclaim.gov.uk to get extra time? What's our best defence going forward? How should we word and what evidence would we need for our defence? All help would be appreciated!

    Thank you!
    Burnhill

    p.s. can't add url as I'm a new user, but the link is below, just add https:// in front of it.. sorry!
    de-6.offcloud.com/cloud/download/5b85107c550feb55673d76be/CPM_Letter_-_Reduced.pdf
    Last edited by Burnhill; 28-08-2018 at 10:27 AM. Reason: url (https)
Page 1
    • Le_Kirk
    • By Le_Kirk 28th Aug 18, 10:11 AM
    • 3,346 Posts
    • 2,297 Thanks
    Le_Kirk
    • #2
    • 28th Aug 18, 10:11 AM
    • #2
    • 28th Aug 18, 10:11 AM
    Something wrong with your link
    • Burnhill
    • By Burnhill 28th Aug 18, 10:15 AM
    • 24 Posts
    • 3 Thanks
    Burnhill
    • #3
    • 28th Aug 18, 10:15 AM
    • #3
    • 28th Aug 18, 10:15 AM
    Sorry! It's https://
    • nosferatu1001
    • By nosferatu1001 28th Aug 18, 10:16 AM
    • 3,907 Posts
    • 4,709 Thanks
    nosferatu1001
    • #4
    • 28th Aug 18, 10:16 AM
    • #4
    • 28th Aug 18, 10:16 AM
    https://de-6.offcloud.com/cloud/download/5b85107c550feb55673d76be/CPM_Letter_-_Reduced.pdf
    • nosferatu1001
    • By nosferatu1001 28th Aug 18, 10:17 AM
    • 3,907 Posts
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    nosferatu1001
    • #5
    • 28th Aug 18, 10:17 AM
    • #5
    • 28th Aug 18, 10:17 AM
    You have MORE TIME than that, if you had read the NEWBIES THREAD, POST 2, and seen about acknowleidng the claim. or read the claim form itself

    If you go ONLINE, NOW, THIS INSTANT, you can get this claim acknowledged and give yourselves a total of THIRTY THREE days from date of issue.
    • Burnhill
    • By Burnhill 28th Aug 18, 10:25 AM
    • 24 Posts
    • 3 Thanks
    Burnhill
    • #6
    • 28th Aug 18, 10:25 AM
    • #6
    • 28th Aug 18, 10:25 AM
    Sorry, are you referring to the 28 days by completing AOS at moneyclaim.gov.uk? If so, I did mention this on my original post and just wanted to confirm that's what I should definitely do at this stage.
    • Quentin
    • By Quentin 28th Aug 18, 10:26 AM
    • 37,870 Posts
    • 22,000 Thanks
    Quentin
    • #7
    • 28th Aug 18, 10:26 AM
    • #7
    • 28th Aug 18, 10:26 AM
    Throughout here you are advised never to reveal who was driving


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


    (Against whom was the claim made - driver or keeper?)


    (That link is dead)
    • Quentin
    • By Quentin 28th Aug 18, 10:27 AM
    • 37,870 Posts
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    Quentin
    • #8
    • 28th Aug 18, 10:27 AM
    • #8
    • 28th Aug 18, 10:27 AM
    Sorry, are you referring to the 28 days by completing AOS at moneyclaim.gov.uk? If so, I did mention this on my original post and just wanted to confirm that's what I should definitely do at this stage.
    Originally posted by Burnhill
    Read up on AOS in the newbies faq thread near the top of the forum


    #2 there covers court claims right from receipt of the lbcca to the hearing
    • nosferatu1001
    • By nosferatu1001 28th Aug 18, 10:30 AM
    • 3,907 Posts
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    nosferatu1001
    • #9
    • 28th Aug 18, 10:30 AM
    • #9
    • 28th Aug 18, 10:30 AM
    Yes, of course you do the AOS. There is no reason not to, unless youre just going to settle.
    • Burnhill
    • By Burnhill 28th Aug 18, 10:48 AM
    • 24 Posts
    • 3 Thanks
    Burnhill
    Ok, AOS posted. Will re-read post #2 and come back with any additional questions!
    • KeithP
    • By KeithP 28th Aug 18, 1:38 PM
    • 10,545 Posts
    • 10,942 Thanks
    KeithP
    Burnhill, what is the Date of Issue on your Claim Form?
    .
    • Coupon-mad
    • By Coupon-mad 28th Aug 18, 1:40 PM
    • 63,827 Posts
    • 76,455 Thanks
    Coupon-mad
    AOS posted.
    Not Royal Mail? You mean online on MCOL, as per the NEWBIES thread walk through?
    PRIVATE 'PCN'? DON'T PAY BUT DON'T IGNORE IT UNLESS IN SCOTLAND OR NI
    TWO Clicks needed Look up, top of the page:
    Main site>>Forums>Household & Travel>Motoring>Parking Tickets Fines & Parking - read the NEWBIES THREAD
    • nosferatu1001
    • By nosferatu1001 28th Aug 18, 1:51 PM
    • 3,907 Posts
    • 4,709 Thanks
    nosferatu1001
    Wait, you POSTED it?
    WHY!?!?!!

    You were poointed to where to find out how to do this,. and NOONE said to use a paper form!
    DO IT ONLINE.
    • Le_Kirk
    • By Le_Kirk 28th Aug 18, 3:44 PM
    • 3,346 Posts
    • 2,297 Thanks
    Le_Kirk
    Link still does not work, even with https:// in front.
    • Burnhill
    • By Burnhill 15th Sep 18, 11:48 AM
    • 24 Posts
    • 3 Thanks
    Burnhill
    Sorry, meant MCOL online. Now finalising defence.
    • KeithP
    • By KeithP 15th Sep 18, 12:14 PM
    • 10,545 Posts
    • 10,942 Thanks
    KeithP
    Once again...
    Burnhill, what is the Date of Issue on your Claim Form?
    Originally posted by KeithP
    Rather than waiting for an answer to that question (it might take another two weeks), I'm going to assume that the Claim Date of Issue is 13th, 14th or 15th August - that seems to be the hint given in the opening post.


    With a Claim Issue Date of 13th, 14th or 15th August, and having done the AoS in a timely manner, you have until 4pm on Monday 17th September 2018 to file your Defence.

    You need to 'finalise your Defence' with some urgency.


    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 the Directions Questionnaire and come back here.
    Last edited by KeithP; 15-09-2018 at 1:06 PM.
    .
    • Burnhill
    • By Burnhill 15th Sep 18, 1:36 PM
    • 24 Posts
    • 3 Thanks
    Burnhill
    Hi Keith,

    Thanks for the low-down, really helpful.

    Unfortunately, I'm unable to log into my MCOL claim to submit evidence, having tried everything, including password resets etc. (and password reset form acknowledges as my MCOL customer number registered to my email). As their 'help desk' is closed during the weekend, I have to contact them to transfer my claim to a new account..

    My issue date was 14th August 2018. With 5 added for service dates, 14 days to acknowledge, further 14 from aos = 33 days, that puts my deadline to submit defence as 16/09 (Tomorrow).

    It seems I might be missing my deadline. I will submit the defence via email anyhow as you pointed out.
    Last edited by Burnhill; 15-09-2018 at 1:40 PM.
    • KeithP
    • By KeithP 15th Sep 18, 1:44 PM
    • 10,545 Posts
    • 10,942 Thanks
    KeithP
    Hi Keith,

    Thanks for the low-down, really helpful.

    Unfortunately, I'm unable to log into my MCOL claim to submit evidence, having tried everything, including password resets etc. (and password reset form acknowledges as my MCOL customer number registered to my email). As their 'help desk' is closed during the weekend, I have to contact them to transfer my claim to a new account..

    My issue date was 14th August 2018. With 5 added for service dates, 14 days to acknowledge, further 14 from aos = 33 days, that puts my deadline to submit defence as 16/09 (Tomorrow).

    It seems I'll be missing my deadline.
    Originally posted by Burnhill
    Why do you need to login to MCOL?
    Answer: You don't.

    Submission of evidence comes later. No urgency on that point.


    19th August is the date of service, being five days after the date of issue, and you have 28 days from then to file your Defence - which is Sunday 16th September.

    If the calculated date falls on a non-working day then you are allowed until 4pm on the next working day to file your Defence.

    That's why I said:
    ...you have until 4pm on Monday 17th September 2018 to file your Defence.
    But no need to take my word for it, read it yourself in the Money Claim Online (MCOL) - User Guide.

    On page 14 of that document it says:
    How long does the defendant have to respond to my claim?

    The court will send out a claim pack to each defendant once the claim has been issued and allows 5 calendar days from the date of issue for the service of the claim. Therefore the 'date of service' is the 5th calendar day after issue. Please note, if you have served separate particulars of claim then this may affect the deemed date of service (as above).

    The defendant has 14 calendar days from the 'date of service' to file a response. If the last day for filing the response falls on a day that the court is not open (i.e. a weekend or public holiday), the court will allow the next full working day for a response. The defendant can extend the time to respond to 28 calendar days by filing an acknowledgement of service (AOS).
    Last edited by KeithP; 15-09-2018 at 1:47 PM.
    .
    • Burnhill
    • By Burnhill 15th Sep 18, 1:45 PM
    • 24 Posts
    • 3 Thanks
    Burnhill
    Excellent, thank you.
    • Burnhill
    • By Burnhill 16th Sep 18, 5:49 PM
    • 24 Posts
    • 3 Thanks
    Burnhill
    I've got a couple of questions. If the defendant was not the one driving, how can their defence statement include any evidence to do with the signs etc? Similarly, how can they give eyewitness statement, if they were not there? In our case we have not identified to UKCPM who was the driver.

    Surely the judge will ask the defendant if they were driving. Do they then have to identify the driver? Will this then open the driver to legal action?
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