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  • FIRST POST
    • Rvnxchn
    • By Rvnxchn 16th May 19, 11:29 AM
    • 10Posts
    • 8Thanks
    Rvnxchn
    Civil enforcement LTD claim form issued- really confused!!
    • #1
    • 16th May 19, 11:29 AM
    Civil enforcement LTD claim form issued- really confused!! 16th May 19 at 11:29 AM
    Hello everyone,

    I have read countless threads and I am really struggling on what information is correct/what procedure to follow.

    Last year July I parked in a private land car park outside KFC. I registered by phone and gave my full details of the car and time I was staying over the phone and from there on truly believed I had made payment and was authorised to park.

    Until I received a fine sent to my house. I was really confused. I then realised I received a text on that day after I signed up over phone to pay for the parking that they wanted additional confirmation of my number plate to authorise parking. I didn’t read this believing it was just a confirmation of payment text.

    Anyway they keep harassing me and my family with countless letters, I have simply ignored everyone knowing I have not mislead the company or done anything dishonestly and from my perspective did whatever was in my control to pay.

    However, after ignoring all letters I have now been issued a country court claim form, from Northampton and absolutely baffled that they are charging me £300 for a session which I was only intended to pay £3.

    Being a law student, I really cannot afford to have a CCJ against me as this can affect my career. Although I know they are scammers and they are doing this to many other people, I really need the right advice on what to do next.
    Is this claim form legit? It is not officially signed and nor has a legit stamp of the country court and the coat of arms is a copy and paste job.

    Could you help me with this, I have read the newbies thread but so confused as to what to follow and what to issue. Please please help, my dad is the registered driver on the vehicle and I feel terrible these letters are being issued in his name

    I would be so grateful for the help, my family are distressed and although I am not because I know they are scammers. I need some advice.

    Thanks

    R.C
Page 2
    • Rvnxchn
    • By Rvnxchn 16th May 19, 4:25 PM
    • 10 Posts
    • 8 Thanks
    Rvnxchn
    That’s fine.

    I can defend the claim and believe I will win as my defence is solid. Inaccurate signing around the car park, no ticket on the wind screen, I believed I took honest actions to pay the price of the session.

    Either way, I wouldn’t want to risk it and will pay the full amount because I do not want to pass the burden on to my father.

    Thanks for the help.
    • Redx
    • By Redx 16th May 19, 4:31 PM
    • 22,461 Posts
    • 28,482 Thanks
    Redx
    no ticket on the windscreen is irrelevant , ANPR would have been used

    SIGNAGE can be used against the claimant, as can no landowner contract , frustration of contract etc

    if they failed POFA , then that can also be used as the defendant was not the driver

    all of this should have been used months ago at POPLA, not ignored until an N1 is issued, so a judge may not be happy that it came this far

    if your father loses the case, YOU can pay the judgment , in full , promptly, that way your father will avoid a CCJ on his credit file
    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
    • Coupon-mad
    • By Coupon-mad 16th May 19, 5:02 PM
    • 72,296 Posts
    • 84,577 Thanks
    Coupon-mad
    In no way would I allow my father to take any accountability for this. The fact you think I have made this all about me is ridiculous, the reason I have reached out is because my father is the registered keeper and I do not want him to be affected by this under ANY circumstance.
    He won't be affected if you defend it, in his name (on his behalf effectively but without your name on it), and ask for the claim to be heard on the papers, so he doesn't have to go anywhere.

    It's not ideal (because our 99% win rate is based upon people attending court hearings and the Judge preferring the Defendant's evidence) but that's better than paying about £250 or more.

    He will either win or lose, and there will be no risk of paying more, and you can shoot down the added £60 to make sure if he loses, he actually pays LESS. No CCJ, no accountability, no effect on credit rating, he would then pat under £200 to settle it within 30 days from judgment.

    If he wins, he pays nothing.

    And all without him doing anything or going anywhere, and at no risk.
    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
    • bargepole
    • By bargepole 16th May 19, 5:27 PM
    • 2,585 Posts
    • 7,446 Thanks
    bargepole
    I can defend the claim and believe I will win as my defence is solid. Inaccurate signing around the car park, no ticket on the wind screen, I believed I took honest actions to pay the price of the session.

    Either way, I wouldn’t want to risk it and will pay the full amount because I do not want to pass the burden on to my father.
    Originally posted by Rvnxchn
    No, YOU cannot defend the claim, you are not the Defendant, your father is. The burden is already on your father, because the original ticket was ignored, and he (not you) is being sued as the registered keeper.

    In one of the early tutorials in my Law course, the tutor talked about how the parties are designated in civil cases. Claimant (formerly Plaintiff) and Defendant in England & Wales, Pursuer and Defender in Scotland. He produced blank forms from the CCBC and CCMCC and passed them round the class for those who hadn't seen one before. Basic kindergarten stuff.

    Mind you, he also mentioned that he taught some snowflake millennials at another Uni, and asked that class to give an example of a precedent. Back came the answer "Barack Obama".

    I have been providing assistance, including Lay Representation at Court hearings (current score: won 36, lost 11), to defendants in parking cases for over 5 years. I have an LLB (Hons) degree, and am a Graduate member of CILEx, studying towards a Fellowship (equivalent to solicitor) in Civil Litigation. However, any advice given on these forums by me is NOT formal legal advice, and I accept no liability for its accuracy.
    • KeithP
    • By KeithP 16th May 19, 5:37 PM
    • 14,812 Posts
    • 17,062 Thanks
    KeithP
    The issue date is the 14th May 2019...
    Originally posted by Rvnxchn
    With a Claim Issue Date of 14th May, you have until Monday 3rd June 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 17th June 2019 to file your Defence.

    That's over a month away. Loads of time to produce a perfect 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 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.


    Of course everywhere I have said 'you' or 'your' I mean the Defendant.
    .
    • Rvnxchn
    • By Rvnxchn 16th May 19, 5:57 PM
    • 10 Posts
    • 8 Thanks
    Rvnxchn
    Oh my, for the last time! I am very aware, my father is the defendant! I will be writing out the AOS for him and merely for my own reference have referred to “I”.
    • Coupon-mad
    • By Coupon-mad 16th May 19, 6:36 PM
    • 72,296 Posts
    • 84,577 Thanks
    Coupon-mad
    That was KeithP's standard reply to help people see what's needed. We are helping you as we help everyone.

    I am glad you are not just paying the £250 or so, that they want to claim and I reckon if Dad doesn't want to attend a hearing you can have a decent go at some well argued defence and witness statement/evidence paperwork. Worth doing.
    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
    • Rvnxchn
    • By Rvnxchn 16th May 19, 6:59 PM
    • 10 Posts
    • 8 Thanks
    Rvnxchn
    I am so thankful for your help. To those who have genuinely tried to support, I really appreciate it.
    • Coupon-mad
    • By Coupon-mad 16th May 19, 7:50 PM
    • 72,296 Posts
    • 84,577 Thanks
    Coupon-mad
    In our own pedantic way, we all are on your side! Think of us as a middle aged group of grumpy lecturers at your Uni, the ones who won't let anything slide...

    It's because we are pedants that we are good at what we do!

    Come back with any queries. We will welcome you each time on this thread and we will help, as we love a trier who wants to beat a PPC scam.

    Make sure your Dad knows if it doesn't work in the end, at least you tried on his behalf with no risk to his credit rating, and hopefully argued well enough to remove the scam (imaginary and mostly unrecoverable) added costs.

    It would be best if he comes round to the idea of attending your local court hearing (with you helping/speaking for him as a 'lay representative' if he wants) but - if that's a complete no - then you will have to try a 'papers only' hearing and see if you (writing as him!) can beat the other side in this game of 'evidence pack Top Trumps'.
    Last edited by Coupon-mad; 16-05-2019 at 7:55 PM.
    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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