Help please - County Court Claim Issued?

[Glory1505]

Hi there

I'm new to the forum so apologies if I'm posting this in the wrong place or anything. I've previously tried to get advice on MSE about this but keep getting directed to some threads that I just can't get my head around in relation to my specific case.

In June 2015 I received a PCN for a parking charge for the Peel Centre car park in Stockport. It seems my OH had not been aware that he needed to pay for the 45 mins he was there getting a KFC (I know!) on his way home to Yorkshire from an event there.

As the general advice was to ignore for PCN I did so and received periodically demands from a couple of different companies and now the debt is being 'handled' by BW Legal.

I actually moved house in August 2015 and the increasingly threatening letters have continued to go to my previous address. However my parents still live there so have been forwarding on the post. I also started receiving phone calls over the last few months to my mobile (how did they get that number!?) but it is only a recorded message asking me to contact BW Legal.

My mum today however has messaged me to say that I have received another letter to my old address from BW Legal stating 'NOTICE OF COUNTY COURT CLAIM ISSUED' and that I should expect a letter from Northampton County Court 'shortly'. They threaten a CCJ and detail the debt now as:

Principal Debt - £100.00
Interest - £6.70
Court Fees - £25.00
Solicitors' Costs - £104.00
Total - £235.70

The cost for 45 minutes parking at the Peel Centre is only £1.30 for 0-3 hours. My OH was there for 45 minutes after 9pm.

Key facts:

• I was not the driver (my OH is a named driver but I am the registered keeper of the car)
• I no longer live at the address they are sending correspondence too so could easily not be receiving it if my parents didn't still live there
• I have made no response to any correspondence recieved to date

Should I continue to ignore as I have been, or do I now need to take action? If so, where should I start?

Thank you!

[mystery1]

Re: Help please - County Court Claim Issued?

Get a copy of this asap and post it up (sanitise it first). Court claims need dealt with and the timescales are quick initially.

M1

[Glory1505]

Re: Help please - County Court Claim Issued?

Thanks. I've emailed the photo to Kati as I can't seem to work out how to upload it myself so hopefully it will appear soon.

[Kati]

Re: Help please - County Court Claim Issued?

Thanks. I've emailed the photo to Kati as I can't seem to work out how to upload it myself so hopefully it will appear soon.

nothing in my inbox yet Glory ... I'll keep on checking, but do you want to send it again to be on the safe side (kati@legalbeagles.info)? xx

[Kati]

Re: Help please - County Court Claim Issued?

Got it
[MENTION=5354]mystery1[/MENTION] xx

[Glory1505]

Re: Help please - County Court Claim Issued?

Thank you Kati.

In a further development, I have today received an N1SDT Claim Form which I assume is the official document from the court that I need to respond to.

The issue date on this is 27 May and it says I must respond within 14 days of the date of service (being 5 days from the issue date) so I'm taking that as being a deadline of 15 June.

Please if you can help me with what to do I would be so grateful as I haven't got a clue.

I guess my defence is that I wasn't the driver though my surname is also spelt incorrectly on all the documents but not sure that is a get out clause.

Also I'm receiving these documents a few days late as they're being forwarded on from my old address.

[Kati]

Re: Help please - County Court Claim Issued?

Thank you Kati.

In a further development, I have today received an N1SDT Claim Form which I assume is the official document from the court that I need to respond to.

The issue date on this is 27 May and it says I must respond within 14 days of the date of service (being 5 days from the issue date) so I'm taking that as being a deadline of 15 June.

Please if you can help me with what to do I would be so grateful as I haven't got a clue.

I guess my defence is that I wasn't the driver though my surname is also spelt incorrectly on all the documents but not sure that is a get out clause.

Also I'm receiving these documents a few days late as they're being forwarded on from my old address.

You can acknowledge service without putting in a defence at this stage (acknowledging service means you get extra time to put together your defence/witness statement etc...)

If you want to email a copy of it to me first (before acknowledging online), M1 will be able to tell you your next steps (sometimes they put that they will send the 'particulars' to you separately :nod:

[Glory1505]

Re: Help please - County Court Claim Issued?

You can acknowledge service without putting in a defence at this stage (acknowledging service means you get extra time to put together your defence/witness statement etc...)

If you want to email a copy of it to me first (before acknowledging online), M1 will be able to tell you your next steps (sometimes they put that they will send the 'particulars' to you separately :nod:

Thanks Kati.

I've emailed you the form now so hopefully you'll receive that shortly and then I can get advice on how to proceed.

[Kati]

Re: Help please - County Court Claim Issued?

Got it
[MENTION=5354]mystery1[/MENTION]

[mystery1]

Re: Help please - County Court Claim Issued?

Dear BW Legal,

I am in receipt of your court claim xxxxxxx. I feel i must ask you to comply with the civil procedure rules and rectify the glaring procedural improprieties.

Your claims fails to adhere to the rules and is unclear and deficient.

CPR 16


Contents of the claim form
16.2
(1) The claim form must –
(a) contain a concise statement of the nature of the claim


Contents of the particulars of claim
16.4
(1) Particulars of claim must include –
(a) a concise statement of the facts on which the claimant relies;


Practice direction 16


Other matters to be included in particulars of claim








7.5 Where a claim is based upon an agreement by conduct, the particulars of claim must specify the conduct relied on and state by whom, when and where the acts constituting the conduct were done.




CPR 22


Documents to be verified by a statement of truth
22.1
(1) The following documents must be verified by a statement of truth –
(a) a statement of case






Practice direction 22


Who may sign the statement of truth
3.1 In a statement of case, a response or an application notice, the statement of truth must be signed by


(2) the legal representative of the party or litigation friend.


3.7 Where a party is legally represented, the legal representative may sign the statement of truth on his behalf. The statement signed by the legal representative will refer to the client’s belief, not his own. In signing he must state the capacity in which he signs and the name of his firm where appropriate.


3.9 The individual who signs a statement of truth must print his full name clearly beneath his signature.


3.10 A legal representative who signs a statement of truth must sign in his own name and not that of his firm or employer.




Practice direction 7E


Signature
10 Any provision of the CPR which requires a document to be signed by any person is satisfied by that person entering their name on an online form.



I would ask you present a coherent case, properly signed by return. Should you require extra time i am willing to agree to an extension for the period for filing my defence pursuant to CPR 15.5 of 28 days.


I await your response.


Yours etc


They will no doubt tell you to get lost but laying the foundations for later is good. Send by email if possible and give them around 7 days. If they do not respond by the deadline you choose to give them let me know.

M1

[Glory1505]

Re: Help please - County Court Claim Issued?

Thank you for this I will send it and keep you posted.

Do I still need to acknowledge the service of the court claim though or should I leave that for now?

I'm on holiday from 23 - 30 June so I'm worried that key I could miss time to respond, etc while I am away.

[mystery1]

Re: Help please - County Court Claim Issued?

If you file AoS now, then file a defence nearer the deadline or a few days before you leave there is no danger your holiday will have any consequence. I would probably say that even if you sent the defence now it is highly unlikely that this would be a problem either but no point taking even the smallest chance.

I'm off 15,16,17 (if i calculated 3 on 3 off correctly staring on tomorrow) so give me a shout then for a defence.

M1

[Glory1505]

Re: Help please - County Court Claim Issued?

Thank you! I have filed the AoS now and will get in contact again as you say before I go on holiday.

If I receive a response from BW Legal to the email in the meantime though I will let you know.

Thank you so much for your help so far, I really wouldn't have a clue how to handle this otherwise!

[Glory1505]

Re: Help please - County Court Claim Issued?

Hiya mystery1

I wondered if you might be able to help me this week on my defence as discussed above?

Incidentally, they have not responded to the email you drafted for me.

[mystery1]

Re: Help please - County Court Claim Issued?

Just finished my 3 days stint so will get to it over the next 3 :okay:

M1