Hi, I hope you will be able to help me.
HMCTS letter received.
Issued date 17/12/2024.
I started the process online.
AoS submitted today - 27/12/2024.
1.The Defendant is indebted to the Claimant for Parking Charge issued to vehicle ...
2.The PCN were issued on 16/03/2024
3.The defendant is pursued as the driver of the vehicle for breach of the terms on the signs ( the contract ).Reason: Unauthorised Vehicle
4.In the alternative the defendant is pursued as the keeper pursuant to POFA 2012,Schedule 4
AND THE CLAIMANT CLAIMS
1.£170 being the total of the PCN and damages
2.Interest at rate of 8% per annum pursuant to s.69 of the County Courts Act 1984 from the date hereof at a daily rate of £.03 until judgment or sooner payment.
3.Cost and court fees.
Amount claimed £179.88
Court fee £35
Legal repr. cost £50
Total £264.88
Claimant : Secure Parking Solutions LTD
I got permit holder on my car windscreen - they state there is not visible , as date are not visible ( the date is not visable anyway as is writen by pen and due to sunlight is just disapeared anywwy )- so 3/4 permit holder was visible - like always, there is development parking , where the parking place is located to flats, living here 7 years , the permit holder is ALWAYS in same position - all the neighbours got permit holder 3/4 visible , there was not problem at all , just the once.So first I complain to Secure Parking , no results.Apply to POPLA , the outcome was o Parking solutions side , as they said it was not visible in full.
Now letter from court received.
Not sure whats to do next.
Please help me.
Regards,
P [ Guests cannot view attachments ] [ Guests cannot view attachments ]
[ Guests cannot view attachments ]
With an issue date of 17th December and having submitted the AoS, you now have until 4pm on Monday 20th January 2025 t9 submit your defence. Luckily for you, it is a claim submitted by DCB Legal on behalf of their client.
Nobody who is here receiving and following the advice given pays a penny for a claim issued by DCB Legal. Eventually, the claim will be discontinued. They work on the presumption that the defendant will capitulate and pay up once litigation starts.
We will provide a suitable defence over the next few days. No rush.
Thank you very much !
I will wait patiently for an update.
Regards,
P
Here is the defence. You only need to edit your name and the claim number. You sign it by typing your full name for the signature and date it. When completed, save all the documents (defence and the 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.
IN THE COUNTY COURT
Claim No: [Claim Number]
BETWEEN:
Secure Parking Solutions Ltd
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 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;
(d) The PoC do not state exactly how the claim for statutory interest is calculated;
(e) The PoC do not state what proportion of the claim is the parking charge and what proportion is damages;
(f) The PoC states that the Claimant is suing the defendant as the driver or the keeper. The claimant obviously knows whether the defendant is being sued as the driver or the keeper and should not be permitted to plead alternative causes of action.
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:
Draft Order for the defence
Thank you very much once again for quick response.
Just to confirm - I should send this 2 pdf attachment by email provided , just wondering do I should attached the same to HMCTS online court defence / response ?
Regards,
[ Guests cannot view attachments ]
Do not, under any circumstances, use the MCOL to submit your defence. Follow the advice which is to submit the defence as an email attachment.
Make sure that the claim number is in the email subject field and in the body of the email mention that the attachments are the defence documents in the claim referenced.
Perfect! Thank you ! I will comeback here with the outcome .
Thanks good people..
Happy New Year !
Hi,
Just wondering , as I still not received response for my email with defence which I sent on 07/01/2025 ( just auto reply which says: Thank you for emailing the Claim Response Team in the Civil National Business Centre.Please expect a response to your enquiry in 10 days. )
The status on money claim online shows:
A claim was issued against you on 17/12/2024
Your acknowledgment of service was submitted on 27/12/2024 at 18:07:06
Your acknowledgment of service was received on 30/12/2024 at 01:06:21
The deadline is 20/01/2025 4pm.
What I should to do in this occasion please?
Regards,
P
Just be patient. The CNCB and the whole HMCTS is overloaded and you may wit mane weeks for a response. Your defence is logged and the ball is now in the claimants court (excuse the pun).
You don't know when the CNCB sent a copy of your defence to the claimant. If the claimant decides to file a reply to the defence (they usually do), it should generally be submitted with their Directions Questionnaire (DQ) or in accordance with any timetable set by the court. A reply to the defence is not mandatory but is typically filed only if the claimant wants to address specific points raised in the defence.
If no reply is filed, the defence is treated as putting the claimant to proof of their case. The claimant's original claim remains valid, and the defence does not automatically result in the case being struck out or dismissed.
The case progresses to the DQ stage, where both parties provide information about how they believe the case should proceed (e.g., track allocation, witnesses, etc.). If the claimant fails to file the DQ by the court's deadline, the court may issue an unless order, giving the claimant a final chance to comply. If the claimant still fails to respond, their claim may be struck out.
After both parties submit their DQ, the court allocates the case to a suitable track (small claims tracker claims under £10k) based on the complexity and value of the claim.
