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#Post#: 54956--------------------------------------------------
Received Court Docs for a UK Parking Fine
DIR By: Collateral
Date: January 24, 2025, 12:25 pm
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Hi,
I have received court paperwork for a fine i had with UM parking
control. Up until now, i was under the impression they would
likely not take court action.
Gviven that thy have - what are my options.
Thanks
#Post#: 54959--------------------------------------------------
Re: Received Court Docs for a UK Parking Fine
DIR By: b789
Date: January 24, 2025, 12:31 pm
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Your options are to read this and then give us more detail:
READ THIS FIRST - Private Parking Charges Forum guide
HTML https://www.ftla.uk/private-parking-tickets/read-this-first-private-parking-charges-forum-guide/
We can only assist if you give us the detail we need.
Show us the N1SDT Claim Form only redacting your personal
details, the claim number, the vehicle VRM and the MCOL
password. Leave everything else visible, especially all dates
and the Particulars of Claim (PoC).
#Post#: 54974--------------------------------------------------
Re: Received Court Docs for a UK Parking Fine
DIR By: Collateral
Date: January 24, 2025, 3:39 pm
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Thank you for the reply.
Here are the links for the letter received. Incase i am missing
doing something please let me know.
HTML https://imgur.com/a/bsXWEey
#Post#: 54995--------------------------------------------------
Re: Received Court Docs for a UK Parking Fine
DIR By: b789
Date: January 25, 2025, 3:04 am
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This is the only form we need to see but you’ve not followed the
advice. I’ve redacted the items I told you to redact. However, I
said to leave all dates showing and you’ve redacted just about
the most important date.
What is the date of issue of the claim?
HTML https://i.imgur.com/GtjKdSx.jpeg
#Post#: 55169--------------------------------------------------
Re: Received Court Docs for a UK Parking Fine
DIR By: Collateral
Date: January 26, 2025, 9:04 am
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Sorry for the mistakes. Thank you for rectifying.
The issue date is 22 Jan 2025
#Post#: 55174--------------------------------------------------
Re: Received Court Docs for a UK Parking Fine
DIR By: b789
Date: January 26, 2025, 9:31 am
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Thank you. With an issue date of 22nd January, you have until
10th February to submit an Acknowledgement of Service (AoS). TO
submit your AoS, follow the instructions in this linked PDF:
HTML https://www.dropbox.com/s/xvqu3bask5m0zir/money-claim-online-How-to-Acknowledge.pdf?dl=0
There is no advantage to delaying the AoS. By submitting the
AoS, you then have until 4pm on Monday 24th February to submit
your defence.
When you have submitted your AoS, let us know and we can then
provide a suitable defence and draft order to accompany it.
Please don't rush this and we are extremely busy assisting
others so if you don't get a response from us immediately, you
can remind us after a period. Remember, you have over 4 weeks
before the deadline to submit your defence.
#Post#: 57203--------------------------------------------------
Re: Received Court Docs for a UK Parking Fine
DIR By: Collateral
Date: February 8, 2025, 10:48 am
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Hello
Thank you for the reply. Following your instructions i have now
completed the AOS on MCOL.
Can you please advise what i need to do next. Thank you .
#Post#: 57207--------------------------------------------------
Re: Received Court Docs for a UK Parking Fine
DIR By: b789
Date: February 8, 2025, 11:12 am
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Here is the defence and link to the draft order that goes with
it. You only need to edit your name and the claim number. You
sign the defence by typing your full name for the signature and
date it. There is nothing to edit in the draft order.
When you're ready you send both documents as PDF attachments in
an email to claimresponses.cnbc@justice.gov.uk and CC in
yourself. The claim number must be in the email subject field
and in the body of the email just put: "Please find attached the
defence and draft order in the matter of UK Parking Control Ltd
v [your full name] Claim no.: [claim number]."
--- Quote ---
> [center]IN THE COUNTY COURT[/center]
> [right]Claim No: [Claim Number][/right]
>
> [center]BETWEEN:
>
> UK Parking Control Ltd
> Claimant
>
> - and -
>
> [Defendant's Full Name]
> 
Defendant
>
>
---------------------------------------------------------
>
> DEFENCE[/center]
>
> 1. The Defendant denies the claim in its entirety. The
Defendant asserts that there is no liability to the Claimant and
that no debt is owed. The claim is without merit and does not
adequately disclose any comprehensible cause of action.
>
> 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:
>
> [indent](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 adequately 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 precisely how the sum claimed is
calculated, including the basis for any statutory interest,
damages, or other charges;
>
> (f) The PoC do not state what proportion of the claim is the
parking charge and what proportion is damages;
>
> (g) The PoC do not provide clarity on whether the Defendant is
sued as the driver or the keeper of the vehicle, as the claimant
cannot plead alternative causes of action without
specificity.[/indent]
>
> 4. The Defendant attaches to this defence a copy of a draft
order approved by a district judge at another court. The court
struck out the claim of its own initiative after determining
that the Particulars of Claim failed to comply with CPR 16.4.
The judge noted that the claimant had failed to:
>
> [indent](i) Set out the exact wording of the clause (or
clauses) of the terms and conditions relied upon;
>
> (ii) Adequately explain the reasons why the defendant was
allegedly in breach of contract;
>
> (iii) Provide separate, detailed Particulars of Claim as
permitted under CPR PD 7C.5.2(2).
>
> (iv) The court further observed that, given the modest sum
claimed, requiring further case management steps would be
disproportionate and contrary to the overriding objective.
Accordingly, the judge struck out the claim outright rather
> than permitting an amendment.[/indent]
>
> 5. The Defendant submits that the same reasoning applies in
this case and invites the court to adopt a similar approach by
striking out the claim for the Claimant’s failure to comply with
CPR 16.4.
>
> 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:
--- End Quote ---
Draft Order for the defence
HTML https://www.dropbox.com/scl/fi/tcewefk7daozuje25chkl/Strikeout-order-v2.pdf?rlkey=wxnymo8mwcma2jj8xihjm7pdx&st=nbtf0cn6&dl=0
#Post#: 57431--------------------------------------------------
Re: Received Court Docs for a UK Parking Fine
DIR By: Collateral
Date: February 10, 2025, 7:31 am
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Thank you, for all.
I can send this as soon as possible, or i should wait for a
date?
#Post#: 57435--------------------------------------------------
Re: Received Court Docs for a UK Parking Fine
DIR By: DWMB2
Date: February 10, 2025, 7:40 am
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There's no advantage to be gained from when you submit, as long
as you do so by the deadline:
--- Quote from: b789 link ---
>
> you then have until 4pm on Monday 24th February to submit your
defence.
>
--- End Quote ---
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