DEL Court Claim received

[Shelley181146]

A relative was dropping something off to some premises and although the signage was somewhat covered by shrubbery

it states that it is private land - i.e for residents only. (found after the event)

 

No windscreen ticket

- just a NTK received within 8 days of alledged offence which 'invited' them to pay £80.00 for 'Unauthorised Parking'.

They were duly ignored.

 

4 weeks later they received a recorded delivery letter of Notice of Impending Court Action, duly ignored.

3 weeks later the 'letter before action' from Gladstones arrived with an amount claimed for £130.00

 

2 weeks later received Court Claim form as follows:

 

Particulars of Claim:-

Date of offence xxxxxx

Description = Vehicle reg no

Amount £130.00

Due date xxxxxx

 

AND THE CLAIMANT CLAIMS the sum of £131.00 for Parking charges and indemnity costs if applicable including £1 interest pursuant to S.69 of the County Courts Act 1984 Rate 8% pa from the dats above to xxxxxx Same rate to Judgment (or sooner) payment

 

Daily rate to Judgment £0.03

Total debt and interest £131.00

 

Then to the right of the page it states Amount Claimed £131.00

Court Fee £25.00

Legal Representative#s costs £50.00

Total Amount £206.00

 

Now I am aware date of service 13/06/16

 

Date of Acknowledgement 27/06/16

 

Date to defend 11/07/16

 

They intend to defend in full but there is no facility to respond online.

 

They are currently drafting letter up for CPR.31?

 

Would appreciate guidance on defence please.

 

Footnote: Have parked at this site on numerous occasions and received nothing

- it is so intermittent it's bazaar!

Edited June 21, 2016 by honeybee13
Paras.

[BankFodder]

You should make sure that you have photographs of the concealed signs.

 

Is there any signage anywhere referring to parking, or penalties – or anything?

 

Who is the claimant?

[ericsbrother]

if it says residents only then they cant sue you for breach of contract as that is prohibition

so trespass and nothing to do with them as it isnt their land.

Loads of previous on this type of claim.

 

Gladstones also seem to be adding costs that were not borne in the hope that people pay up

and dont argue the toss as these will be wiped off any order if you did lose

(you wont lose this one- they have no cause for action)

 

However,

a pictue of the shrubbery will help your defence no end,

just in case there is doubt about the content of the sign and its meaning.

If you cant see an offer it isnt made.

[dx100uk]

can you fill this out please

 

 

http://www.consumeractiongroup.co.uk/forum/showthread.php?465231-.Received-a-Court-Claim-From-A-Private-parking-Speculative-invoice-How-To-Deal-With-It-HERE***(1-Viewing)-nbsp

[dx100uk]

check the bottom of the information box on the right

should be a password for MCOL.

 

 

use that on MCOL website

AOS

defend all

leave juris unticked

exit MCOL website

[Shelley181146]

In order for us to help you we require the following information:-

 

Name of the Claimant: DISTRICT ENFORCEMENT LIMITED

Date of issue – 9TH JUNE 2016

Date of defence filing- 11TH JULY 2016

 

What is the claim for –Particulars of Claim:-

Date of offence xxxxxx

Description = Vehicle reg no

Amount £130.00

Due date xxxxxx

 

AND THE CLAIMANT CLAIMS

the sum of £131.00 for Parking charges and indemnity costs if applicable including £1 interest pursuant to S.69 of the County Courts Act 1984 Rate 8% pa from the daes above to xxxxxx Same rate to Judgment (or sooner) payment

Daily rate to Judgment £0.03

Total debt and interest £131.00

 

What is the value of the claim? £206.00

Has the claim been issued by the original creditor - YES

Were you aware the account had been assigned – did you receive a Notice of Assignment? N/A

Am I able to sign online as litigant friend?

[dx100uk]

Am I able to sign online as litigant friend?

 

 

 

what do you mean?

you can do the MCOL

they wont know who is doing it.

[Shelley181146]

if it says residents only then they cant sue you for breach of contract as that is prohibition

so trespass and nothing to do with them as it isnt their land. It does say Residents parking and there is no facility to pay and display etc

Loads of previous on this type of claim. Can you point me in the direction of a link please? The owner has just got smashed up in said vehicle and only just released from hospital

 

Gladstones also seem to be adding costs that were not borne in the hope that people pay up

and dont argue the toss as these will be wiped off any order if you did lose

(you wont lose this one- they have no cause for action)

 

However,

a pictue of the shrubbery will help your defence no end, I have got said photographs but not sure how old they are, but the photographs are not date stamped

just in case there is doubt about the content of the sign and its meaning.

If you cant see an offer it isnt made.

 

I agree. I have just acknowledged claim online MCOL.

[Shelley181146]

No I understand that but the owner of said vehicle has just been released from hospital having been smashed up in said vehicle and will not be in a position to handle a court matter, if it goes that far.

[Shelley181146]

I have acknowledged this within timeframe and have been adding defence and saving it along the way. However, last night I was checking through it before submitting it and half of it is missing! I haven't exceeded the line limit but now don't seem to be able to log back in

Is the login the government gateway number or mcol customer number or unique reference?

[dx100uk]

Prob just a w/end hiccup

Quite usual for the site

[Shelley181146]

But the helpdesk won't discuss it with me as I am only assisting someone if the login has been blocked! We're both at work tomorrow and tomorrow is the deadline. How likely are we to get an extension if necessary?

[AndyOrch]

A defence can always be emailed Shelley to MCOL.....quoting the case number ...see MCOL for defendants email/contact address.

[Shelley181146]

A defence can always be emailed Shelley to MCOL.....quoting the case number ...see MCOL for defendants email/contact address.

That's great Andy thank you. Saved again by my CAG family :)

[Shelley181146]

That's great Andy thank you. Saved again by my CAG family :)

 

Is this it Andy? Mcol@hmcts.gsi.gov.uk

[ericsbrother]

follow up with written defence pointing out that both online and email versions were sent in time. Belt and braces.

[dx100uk]

try mcol again

as I said

its been down twice AFIAK the last 48hrs

[AndyOrch]

Is this it Andy? [email protected]

 

There should be a dedicated defendants email address..the above is general

[Shelley181146]

I have managed to locate correct email address and have received acknowledgement this evening with the help of a friend's PC.

 

I also emailed it to myself so that I have an accurate copy for my records,

which I intend to print out and send hard copy to courts as suggested earlier,

advising courts that email and online versions sent within timeframe permitted.

 

I am unable to log back into MCOL as it has locked me out for incorrect password attempts

but I'm confident that my final email has reached its correct destination and within permitted timeframe.

 

Thank you a for your continued support in my quest for justice.

[AndyOrch]

[Shelley181146]

Update:

I received an email saying they couldn't read the signature and could I send it again by different method.

Panic set it as I wouldn't be near a PC today

 

 

emailed reply from my phone to explain.

 

 

Further response received saying the defence submitted was satisfactory

and it had been processed today, thank goodness.

 

 

However, if I want to be litigant friend I need to obtain authorisation from a Local Court with my response.

 

I'm not expecting DR to take this any further but if they did, how do I become litigant friend?

[AndyOrch]

Why do you need to become a Litigant friend Shelley?...the defence you submitted is in name and from the defendant?

[ericsbrother]

probably ticked a box somewhere rather than the default "I am the defendant"

[Shelley181146]

If District Enforcement decide to let this continue to court I will need to be litigant friend because the person involved won't be able to discuss the case in court without my help. Have received acknowledgement from courts in post.

[ericsbrother]

OK, is that a disability issue because if that is made clear to the court then you can go for a case management hearing that will determine whether the local court has the ability to handle matters. That can be used to your advantage or it can mean a journey further afield but you get a sympathetic judge (not sympathetic to the law being considered but to who they will give audience to and how formal the proceedings get)