3. Claim form from car park securities LTD
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Claim form from car park securities LTD
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https://ibb.co/mN8b2Q2
Hi

Please find above link for a claim form dated 11 October i have receieved as a RK.  I have receieved previous notices from the company but chose to ignore them for now.  I do not know who was driving at the time, it looks like 2 offences on the 5th July and 13th August according to the claim details
« Last Edit: October 16, 2024, 03:21:22 pm by settop23 »
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Re: Claim form from car park securities LTD
« Reply #1 on: »
https://ibb.co/3N5cPKs

there are a lot of other pages with the form , court forums etc

From what I can see on similar issues, I should do an aOs on the money claim website, and then send a defence?
« Last Edit: October 16, 2024, 03:20:29 pm by settop23 »
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Re: Claim form from car park securities LTD
« Reply #2 on: »
We don't need to see the other forms. Only the N1SDT claim form is needed. With an issue date of 11th October, you have until Wednesday 30th October to submit your Acknowledgement of Service (AoS). There is nothing to be gained by delaying the AoS but by submitting it, you will then have until 4pm on Wednesday 13th November to submit a defence.

For now, follow the instructions in this PDF on how to submit your AoS on MCOL:

https://www.dropbox.com/s/xvqu3bask5m0zir/money-claim-online-How-to-Acknowledge.pdf?dl=0

Once you have completed your AoS, we can provide the necessary defence and draft order to go either it.

Please show us the original Notice to Keeper (NtK) you received. We don't need to see any reminders or Debt Recovery Agent (DRA) letters.
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Never argue with stupid people. They will drag you down to their level and then beat you with experience” - Mark Twain
Re: Claim form from car park securities LTD
« Reply #3 on: »
Thank you - I will submit the aos soon.

Unfortunately I received so many letters that I do not have a copy of the original NTK now. Can I request a copy?
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Re: Claim form from car park securities LTD
« Reply #4 on: »
Don't worry about it for now. Just let us know when you've done the AoS and to do so before the deadline.
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Never argue with stupid people. They will drag you down to their level and then beat you with experience” - Mark Twain
Re: Claim form from car park securities LTD
« Reply #5 on: »
Thank you.  I have submitted the AOS today, so have a few weeks to submit a defence
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Re: Claim form from car park securities LTD
« Reply #6 on: »
Here is the defence you should submit together with a draft order. you only need to edit your name and the claim number and then sign the defence by typing your full name for the signature and dating it. There is nothing to edit in the draft order.

When complete, you save both the defence and draft order as PDF files and you attach them to an email which you send to claimresponses.cnbc@justice.gov.uk and CC in yourself. The email subject must contain the claim number and in the body of the email you add "Please find attached the defence and draft order in the matter of Car Park Securities Ltd v [Your full name] Claim number: [Claim number]". After it is sent you must make sure you receive an autoresponse email from the CNBC.

Quote
IN THE COUNTY COURT
Claim No: [Claim Number]

BETWEEN:

[Claimant's Full Name]

Claimant

- and -

[Defendant's Full Name]

Defendant


DEFENCE


1. The Defendant denies any liability for this claim.

2. There is a lack of precise detail in the Particulars of Claim (PoC) in respect of the factual and legal allegations made against the Defendant such that the PoC do not comply with CPR 16.4.

3. The Defendant is unable to plead properly to the PoC because:

(a) The contract referred to is not detailed or attached to the PoC in accordance with CPR PD 16(7.5);

(b) The PoC do not state the exact wording of the clause (or clauses) of the terms and conditions of the contract (or contracts) which is/are relied on;

(c) The PoC do not set out the reason (or reasons) why the claimant asserts the defendant has
breached the contract (or contracts);

(d) The PoC do not state with sufficient particularity exactly where the breach occurred, the exact time when the breach occurred and how long it is alleged that the vehicle was parked before the parking charge was allegedly incurred;

(e) The PoC do not state exactly how the claim for statutory interest is calculated;

(f) The PoC do not state what proportion of the claim is the parking charge and what proportion is damages.

4. The Defendant has attached to this defence a copy of an order made at another court which the allocating judge ought to make at this stage so that the Defendant can then know and understand the case which he/she/it faces and can then respond properly to the claim.

Statement of truth

I believe that the facts stated in this Defence are true. I understand that proceedings for contempt of court may be brought against anyone who makes, or causes to be made, a false statement in a document verified by a statement of truth without an honest belief in its truth.

Signed:


Date:

Here is a link to the draft order:

Defence Draft Order
« Last Edit: October 29, 2024, 03:03:28 pm by b789 »
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Never argue with stupid people. They will drag you down to their level and then beat you with experience” - Mark Twain
Re: Claim form from car park securities LTD
« Reply #7 on: »
Thank you! I will send this across as advised, and from what I can see it gives them 2 weeks to provide all the information in the draft order.  Is there anything to be gained in waiting until 14th November?
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Re: Claim form from car park securities LTD
« Reply #8 on: »
Hello,

I filed the defence you provided. I receieved a 'Notice of proposed allocation to the small claims track' dated 18 November 2024.  It states I must complete form N180 Small claims directions questionnare and file it.  I have had a read through of the form and it seems pretty straightforward, but any guidance on how I should proceeed would be greatly welcomed

Thanks
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Re: Claim form from car park securities LTD
« Reply #9 on: »
Most of it is your own personal details, which should be straightforward enough. Some of the ones people often query:

  • C1 - Do you agree that the small claims track is the appropriate track for this case? - Yes
  • D1 - Do you consider that this claim is suitable for determination without a hearing? - No - see quote box below for some blurb from b789 you can include in the reasons box
  • F1 - At which County Court hearing centre would you prefer the small claims hearing to take place and why? - You can pick whichever court you wish with reasons; for obvious reasons most people choose the one closest to their home address

Quote
"I wish to question the Claimant about their evidence at a hearing in person and to expose omissions and any misleading or incorrect evidence or assertions.
Given the Claimant is a firm who complete cut & paste parking case paperwork for a living, having this case heard solely on papers would appear to put the Claimant at an unfair advantage, especially as they would no doubt prefer the Defendant not to have the opportunity to expose the issues in the Claimants template submissions or speak as the only true witness to events in question."

If there are any other questions on the form about which you are unclear then let us know.
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Re: Claim form from car park securities LTD
« Reply #10 on: »
Thank you for that guidance. I have filled it in and answered No to D1 with the information provided.  Do I send the form across to them via post? I have the address of the court (civil national business centre).

The letter also says I must serve a copy on all other parties, so do I need to send it anywhere else before the deadline of 5th December?

Thanks again
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Re: Claim form from car park securities LTD
« Reply #11 on: »
Save the DQ as a pdf and attach it to a single email addressed to DQ.cnbc@justice.gov.uk and contact@carparksecurities.com and CC in yourself. Make sure that you put the claim number in the subject field of the email.
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Never argue with stupid people. They will drag you down to their level and then beat you with experience” - Mark Twain
Re: Claim form from car park securities LTD
« Reply #12 on: »
Hello,

Thank you. I have sent this off to the emails today as instructed.  What can I expect next?

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Re: Claim form from car park securities LTD
« Reply #13 on: »
The claim will be allocated to your local court. You will be notified of the hearing date and deadline for submitting a witness statement, which is unlikely to be necessary as they will more than likely discontinue.
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Never argue with stupid people. They will drag you down to their level and then beat you with experience” - Mark Twain
Re: Claim form from car park securities LTD
« Reply #14 on: »
I have receieved an email about a mediation telephone appointment. It mentions 'If the mediator cannot contact you within 10 minutes of the appointment start, the appointment will be cancelled and you may, where mediation is mandatory, face a penalty for non-attendance.'

However it does not mention if mediation is mandatory.  Any advice?  The appointment is on NYE!
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  3. Claim form from car park securities LTD