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Notice of County Court claim from legal recovery company for parking fine

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  • #31
    https://www.gov.uk/government/public...-response-pack This is the acknowledge service form. Do the details of claim that the court sent you have details of your log in for Moneyclaim online ( ie is it an actual copy of the claim form with password details bottom right box or is it just a data print of the claim details? ). If it does you can log in and tick acknowledge service ( issued 18th Sept so you only have to today to acknowledge, usually a couple extra days is allowed for 'service' but if you can get either logged in to acknowledge service, or complete the N9 response form and email & post over to the court today that would be good )

    Is the address correct on the claim?

    Particulars of claim showing on the details sent to you ? ( if so can you type those out )
    #staysafestayhome

    Any support I provide is offered without liability, if you are unsure please seek professional legal guidance.

    Received a Court Claim? Read >>>>> First Steps

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    • #32
      Thank you Ostell and Amethyst. The court say they sent one on 13th September. I have restated to them that nothing from them has been received and asked who signed for it and to where it was sent. I have asked the court to send me the claim again.
      They previously sent by email details of the claim all in CAPS, then general info and links.

      Edit: Court emailed back saying they sent me details yesterday and that they can't resend claim. I found the Acknowledgement of Service in their links and sent it back via email and asking for more time to submit defence.

      Edit 2: Court emailed back saying I needed to file it at a different email address so I've done so but missed the 4pm deadline.

      Edit 3: I also emailed the claimant's representative and advised them that I have filed Acknowledgement and requested extension. I also repeated my request for them to send me what they intend to rely on.
      Last edited by BabyDriver; 11th October 2018, 16:12:PM.

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      • #33
        I have heard nothing from the Court (apart from immediate auto response) or from the claimant's representative and am concerned that I haven't filed a defence. What should I do?

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        • #34
          Anyone have advice please?

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          • #35
            Do the helpful previous posters continue to read these threads? Is there a way of ‘tagging’ them? Anyone submitted a defence to a similar case? I’m a bit stuck now.
            I have trawled through similar threads but can’t find transferable advice. I did read one that referred to bylaws at a port. My ticket relates to a car park at a ferry terminal - Hull - I’m now wondering if this could be relevant to our case?
            All I have is that we don’t know who was driving, a fee relative to the length of time parked was actually paid and I have proof of that. It was failure of their equipment that prevented paying £2 extra.

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            • #36
              Tagging ostell for you xxx

              Issue date 13th Sept? so Defence due 20th Oct ?
              #staysafestayhome

              Any support I provide is offered without liability, if you are unsure please seek professional legal guidance.

              Received a Court Claim? Read >>>>> First Steps

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              • #37
                Thank you!
                If we’re going by original dates, then yes, 20th. I haven’t heard anything from court (should I have?) about my application for an extension or had any reply from legal rep re sending me their bundle.

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                • #38
                  You haven't filed a defence yet, only the acknowledgement of service … it's not really an application for an extension, it just tells the court you're dealing with the claim and not to let a default judgment happen before 33 days are up from the issue date. You don't usually hear anything and you won't get any bundle from the other side until after defence, and most likely not till a couple weeks before a hearing is booked. Your request for copies of the info, and their failure to respond can go in to your defence.
                  #staysafestayhome

                  Any support I provide is offered without liability, if you are unsure please seek professional legal guidance.

                  Received a Court Claim? Read >>>>> First Steps

                  Comment


                  • #39
                    Thank you, sorry, to clarify, I requested that they send me what they intended to rely on
                    not their bundle.

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                    • #40
                      These are the particulars that the court emailed to me, the xxxx and lower case are mine:
                      'Particulars of claim: THE CLAIMANT'S CLAIM IS FOR THE SUM OF £100.00 BEING MONIES DUE FROM THE DEFENDANT TO THE CLAIMANT IN RESPECT OF A PARKING CHARGE NOTICE (PCN) ISSUED ON 14/08/2015 (ISSUE DATE) AT xxxxxx(time and location) HULL. THE PCN RELATES TO xxxxxxxxxxxxxx(car and car reg). THE TERMS OF THE PCN ALLOWED THE DEFENDANT 28 DAYS FROM THE ISSUE DATE TO PAY THE PCN, BUT THE DEFENDANT FAILED TO DO SO. DESPITE DEMAND HAVING BEEN MADE, THE DEFENDANT HAS FAILED TO SETTLE THEIR OUTSTANDING LIABILITY. THE CLAIM ALSO INCLUDES STATUTORY INTEREST PURSUANT TO SECTION 69 OF THE COUNTY COURTS ACT 1984 AT A RATE OF 8% PER ANNUM A DAILY RATE OF 0.02 FROM 14/08/2015 TO 12/09/2018 BEING AN AMOUNT OF £22.52. THE CLAIMANT ALSO CLAIMS £60.00 CONTRACTUAL COSTS PURSUANT TO PCN TERMS AND CONDITIONS.'



                      Edit: The ticket was issued at 16.54, £7s worth (24hrs) of parking finished at 16.33, I paid £12.





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                      • #41
                        You can see by the time of the photo metatags it looks like I took these photos minutes after approaching the terminal staff about the faulty machine. I think this evidences the machine fault because people don't go around photographing every car park sign and parking display ticket/receipt they have.
                        Last edited by BabyDriver; 15th October 2018, 14:40:PM.

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                        • #42
                          update: today received a copy of their evidence with covering letter dated 5th October, postmarked 12th October.

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                          • #43
                            THANK YOU! Is there anybody here that is kind enough to urgently let me know if I have a defence in law?
                            Last edited by BabyDriver; 16th October 2018, 14:35:PM.

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                            • #44
                              Originally posted by BabyDriver View Post
                              update: today received a copy of their evidence with covering letter dated 5th October, postmarked 12th October.
                              What is their evidence?

                              To me, you have a perfectly reasonable, sensible explanation for not having a parking charge enforced against you - you did everything right in my view (other than just ignoring the initial notice to keeper )) but apparently the world doesn't run on common sense these days and these companies get away with this kind of rubbish constantly.... so though I would defend based on the truth of the matter - I don't know if it will succeed... so tagging ostell
                              #staysafestayhome

                              Any support I provide is offered without liability, if you are unsure please seek professional legal guidance.

                              Received a Court Claim? Read >>>>> First Steps

                              Comment


                              • #45
                                THANK YOU! Their evidence is PPN, three demands to pay and TWENTY ONE! photographs of car, ticket, signs and machine.
                                Bizarrely some of the photos - of the machines, were taken several hours earlier in the day so I'm not sure what they are supposed to evidence.
                                So in the absence of further advice you think I should just go with the facts of the case?
                                Last edited by BabyDriver; 16th October 2018, 14:47:PM.

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