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  • FIRST POST
    • Davethecat80
    • By Davethecat80 15th Apr 19, 5:38 PM
    • 4Posts
    • 1Thanks
    Davethecat80
    Help, CCJ but "lost" previous letters
    • #1
    • 15th Apr 19, 5:38 PM
    Help, CCJ but "lost" previous letters 15th Apr 19 at 5:38 PM
    Hi, received a claim form from the combined court, Excel parking services claiming for £xxx plus court fee of £25. Monies claimed in respect of a charge notice. Claiming they allowed me 28 days from the CN to settle the amount. States I haven't settled my outstanding liability.

    Problem is, the wife binned all the correspondence from them as she thought the old advice of just ignore still stood so I don't know what was in the letter by way of evidence.

    I'm sending off the acknowledgement stating I intend to defend the claim in full, need to prepare a defence, help please?

    Thanks in advance
Page 1
    • Redx
    • By Redx 15th Apr 19, 5:40 PM
    • 22,245 Posts
    • 28,130 Thanks
    Redx
    • #2
    • 15th Apr 19, 5:40 PM
    • #2
    • 15th Apr 19, 5:40 PM
    see the NEWBIES FAQ sticky thread , post #2

    post the DATE OF ISSUE from that N1 claim form below (its not a CCJ)

    email a SAR to the DPO at EXCEL and get all the data held on the keeper (defendant)

    they had 6 years to chase the alleged debt, so binning letters was foolish
    Last edited by Redx; 15-04-2019 at 5:45 PM.
    Newbies !!
    Private Parking ticket? check the 2 sticky threads by coupon-mad and crabman in the Parking Tickets, Fines & Parking Board forum for the latest advice or maybe try pepipoo or C.A.G. or legal beagles forums if you need legal advice as well because this parking forum is not about debt collectors or legal matters per se
    • Quentin
    • By Quentin 15th Apr 19, 5:42 PM
    • 38,643 Posts
    • 22,593 Thanks
    Quentin
    • #3
    • 15th Apr 19, 5:42 PM
    • #3
    • 15th Apr 19, 5:42 PM
    You don't have a CCJ from what you say!


    You have a claim form.


    Now you need to read up in the Newbies FAQ thread on how to deal with this


    #2 there comprehensively covers court claims and how to go about defending them
    • The Deep
    • By The Deep 15th Apr 19, 5:43 PM
    • 12,660 Posts
    • 12,887 Thanks
    The Deep
    • #4
    • 15th Apr 19, 5:43 PM
    • #4
    • 15th Apr 19, 5:43 PM
    Get your MP on board they are trying to scam you.

    On 15th March 2019 a Bill was enacted to curb the excesses of these private parking companies. Codes of Practice are being drawn up, an independent appeals service will be set up, and access to the DVLA's date base more rigorously policed, and persistent offenders denied access. Hopefully life will become impossible for the worst of these scammers.

    Until this is done you should still complain to your MP, citing the new legislation.

    http://www.legislation.gov.uk/ukpga/2019/8/contents/enacted

    Just as the clampers were finally closed down, so hopefully will many of these Private Parking Companies.
    You never know how far you can go until you go too far.
    • Coupon-mad
    • By Coupon-mad 15th Apr 19, 6:09 PM
    • 70,389 Posts
    • 82,979 Thanks
    Coupon-mad
    • #5
    • 15th Apr 19, 6:09 PM
    • #5
    • 15th Apr 19, 6:09 PM
    Hi, received a claim form from the combined court, Excel parking services claiming for £xxx plus court fee of £25. Monies claimed in respect of a charge notice. Claiming they allowed me 28 days from the CN to settle the amount. States I haven't settled my outstanding liability.

    Problem is, the wife binned all the correspondence from them as she thought the old advice of just ignore still stood so I don't know what was in the letter by way of evidence.

    I'm sending off the acknowledgement stating I intend to defend the claim in full, need to prepare a defence, help please?

    Thanks in advance
    Originally posted by Davethecat80
    That's why part of the advice in the NEWBIES thread is to get a SAR from the parking firm so you get all the letters again!

    What's the date of the claim?

    Was it a postal ANPR letter PCN?

    Or a PCN on the windscreen?

    Or a red card on the windscreen saying 'this is not a PCN'?

    What contravention was alleged, and which car park? What happened?
    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
    • KeithP
    • By KeithP 15th Apr 19, 7:13 PM
    • 14,335 Posts
    • 16,319 Thanks
    KeithP
    • #6
    • 15th Apr 19, 7:13 PM
    • #6
    • 15th Apr 19, 7:13 PM
    Hi, received a claim form from the combined court...
    Originally posted by Davethecat80
    "the combined court"??

    Is that your translation of the County Court Business Centre in Northampton, or is it somewhere else?
    .
    • Davethecat80
    • By Davethecat80 15th Apr 19, 7:41 PM
    • 4 Posts
    • 1 Thanks
    Davethecat80
    • #7
    • 15th Apr 19, 7:41 PM
    • #7
    • 15th Apr 19, 7:41 PM
    Thanks for the replies.

    Yes, binning the letters was foolish, I'll send the SAR to Excel.

    The car park was pay and display, no ticket on the windscreen, CN through the post a few weeks later.

    Car was parked by whoever was driving, don't know whether payment was made or not as the "offence" was from last summer, got the letter a few weeks later binned by the time i got home.

    I'm the registered keeper of the car so I'm named on the claim form.

    Sorry not combined court, don't know where that came from? Been a long day!

    Thanks
    • Redx
    • By Redx 15th Apr 19, 7:50 PM
    • 22,245 Posts
    • 28,130 Thanks
    Redx
    • #8
    • 15th Apr 19, 7:50 PM
    • #8
    • 15th Apr 19, 7:50 PM
    cant see the DATE OF ISSUE in last your reply
    please answer ALL questions, not just half of them
    I hope you do more due diligence in future days , weeks and months
    Newbies !!
    Private Parking ticket? check the 2 sticky threads by coupon-mad and crabman in the Parking Tickets, Fines & Parking Board forum for the latest advice or maybe try pepipoo or C.A.G. or legal beagles forums if you need legal advice as well because this parking forum is not about debt collectors or legal matters per se
    • Davethecat80
    • By Davethecat80 16th Apr 19, 5:54 AM
    • 4 Posts
    • 1 Thanks
    Davethecat80
    • #9
    • 16th Apr 19, 5:54 AM
    • #9
    • 16th Apr 19, 5:54 AM
    Not sure if it's the best idea to divulge particular details of the claim on a public forum going by the posts i've looked at already and past dealings with a debt collection agency about 10 years ago.

    The claim doesn't detail what the contravention was, only that the charge notice wasn't paid within the 28 days of issue.

    Are the specific dates and location details necessary on a public forum anyway?

    Not trying to be difficult just don't want to make a bad situation worse.

    Thanks
    • Quentin
    • By Quentin 16th Apr 19, 6:08 AM
    • 38,643 Posts
    • 22,593 Thanks
    Quentin
    Your choice of course

    We can't help without specifics

    But you do have all the resources of the FAQ to help you plough on
    • KeithP
    • By KeithP 16th Apr 19, 12:34 PM
    • 14,335 Posts
    • 16,319 Thanks
    KeithP
    Check my posts and see how many times I have asked:
    What is the Issue Date on your Claim Form?
    Also check what happened when it was supplied.
    (Hint: over three hundred of my posts have included those words in the last two months alone)

    But as Quentin says, it's up to you.
    Last edited by KeithP; 16-04-2019 at 12:38 PM.
    .
    • Davethecat80
    • By Davethecat80 16th Apr 19, 5:19 PM
    • 4 Posts
    • 1 Thanks
    Davethecat80
    Okay, claim particulars.

    In the County Court Business Centre
    Issue date 9th of April 2019

    Claimant
    Excel Parking Services LTD
    2 Europa Court
    Sheffield Business Park
    Sheffield
    S9 1XE

    Claim for the sum of £160 being monies due from the defendant to claimant in respect of a charge notice (CN) for a contravention on xx/08/2018 at xxxxxx xxxxx car park (town name).

    The CN Relates to a (car make, model) under registration (VRN). The terms of the CN allowed the Defendant 28 days from the issue date to pay the CN but the defendant failed to do so. Despite demand having been made the defendant has failed to settle their outstanding liability

    The claimant seeks the recovery of the CN and interest under section 69 of the county cours act 1984 at the rate of 8% at the same rate up to the date of judgement or earlier payment.

    Signed by Simon Renshaw-Smith (Claimant)

    Amount claimed: £160
    Court Fee: £25
    Legal Representatives costs: £0
    Total Amount: £185

    Thanks
    • KeithP
    • By KeithP 16th Apr 19, 5:32 PM
    • 14,335 Posts
    • 16,319 Thanks
    KeithP
    In the County Court Business Centre
    Issue date 9th of April 2019
    Originally posted by Davethecat80
    With a Claim Issue Date of 9th April, you have until Monday 29th April to do the Acknowledgement of Service, but there is nothing to be gained by delaying it. To do the AoS, follow the guidance offered in a Dropbox file linked from post #2 of the NEWBIES FAQ sticky thread. About ten minutes work - no thinking required.

    Having done the AoS, you have until 4pm on Monday 13th May 2019 to file your Defence.

    That's nearly four weeks away. Loads of time to produce a perfect Defence, but don't leave it to the very last minute.


    When you are happy with the content, your Defence should be filed via email as suggested 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 "defence received". If not chase the CCBC until it is.
    7. Do not be surprised to receive an early copy of the Claimant's Directions Questionnaire, they are just trying to keep you under pressure.
    8. Wait for your DQ from the CCBC, or download one from the internet, and then re-read post #2 of the NEWBIES FAQ sticky thread to find out exactly what to do with it.
    .
    • Coupon-mad
    • By Coupon-mad 19th Apr 19, 12:28 AM
    • 70,389 Posts
    • 82,979 Thanks
    Coupon-mad
    If this was a 'red card on the windscreen' PCN at first, that said 'this is not a parking charge notice' then obviously use the VCS 'not a CN' defence example from the NEWBIES thread and adapt that.

    You do not need a copy of the red card or letters to defend as you will get them later in the SAR anyway.

    Or if it was a postal ANPR PCN (no windscreen note at all) then adapt a concise defence example by bargepole.

    They are all linked in the NEWBIES thread waiting for you to pick the right one.
    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
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