**DISCONTINUED** County Court Business Centre Letter Received

[charitynjw]

Re: County Court Business Centre Letter Received

Hi OliverJB

Q1/ When you acknowledged, what address did you give for service of docs?

Q2/ An example would be...sometimes, people who are well outside of any discount period try to pay it at the discounted rate instead of the full monty. Or try to pay the original P&D fee, hoping that by doing so they can claim that they've paid their dues.
But the parking co can sue for the difference.
(2 examples!)

[OliverJames]

Re: County Court Business Centre Letter Received

Bump!

But while im bumping....I saw the attached on a document posted on another forum the other day and wanted to ask question....what equates to "any unpaid part of the Parking Charge"?


Feels a little bit broad! And no doubt very commonly used language

[OliverJames]

Re: County Court Business Centre Letter Received

Quick one.....as I mentioned previously, my parents are away on holiday for at least the next 10 days, and there is a EXTREMELY high likelihood that CEL will send their disclosure (if they even bother to do so) to their address and I will obviously not have access to this property.

I have the following in my defence;

7. On 06^th October 2017 the Defendant wrote to the claimant advising that the address they were using to send their correspondence was incorrect and likely to cause unnecessary delay to the defendant receiving documents. The claimant has ignored this request and served the Particulars of Claim to the incorrect address.

Do you think this is intuitive enough for the court to bare this in mind, or should i include them being away over the period when the disclosure was expected as part of this?

Probably not, but want to be sure ive covered enough bases

[MIKE770]

Re: County Court Business Centre Letter Received

Morning @OliverJB

According to anecdotal evidence, when CEL are faced with a robust defence, they quickly scuttle back under the rocks from whence they came.

Do you mean:- There they were gone"?

[charitynjw]

Re: County Court Business Centre Letter Received

Morning [MENTION=61850]OliverJB[/MENTION]

According to anecdotal evidence, when CEL are faced with a robust defence, they quickly scuttle back under the rocks from whence they came.

[OliverJames]

Re: County Court Business Centre Letter Received

Para #8 - Defendant's parents address (not Claimant)

This made me laugh out loud!! Clearly it had been a long day yesterday

I have removed the sum paragraph all together, and the point now reads;

The Claimant failed to meet the Notice to Keeper obligations of Schedule 4 of the Protection of Freedoms Act 2012. Absent such a notice served within 14 days of the parking event and with fully compliant statutory wording, this Claimant is unable to hold me liable under the strict ‘keeper liability’ provisions.

Quick heads-up about the possible next stages.
& bear in mind that the Claimant has already paid the claim issue fee....so they don't have much to lose at this stage in allowing the claim to continue. In fact it is often done to exert psychological pressure on the Defendant.

The claim is only in 'case management' admin - no-one with any legal clout will have seen it. (Unless some kind of application is filed.....but this costs the applicant.)
A copy of your defence will be sent to the Claimant. Sometimes the court requires a reply by the Claimant (usually 28 days deadline), sometimes not; it is not mandatory unless ordered by the court. (You will be notified if so.)
If the claim should be stayed for any reason, neither party is notified, so keep regular tabs on the progress.
If it does proceed, the next bit is Directions Questionnaires & Mediation.

When i spoke to the court on Monday they kind of alluded to the next steps, although not in this much detail.

Based on CEL's approach to date, and the size of the mailshot they have sent out, I imagine there will be a large number of cases heard over the next few weeks, so I wonder if they will have the capacity to manage them all!

Either way, on this occasion I am going into this one with at least 1 eye wide open so no real surprises I hope.

Thank you for all your help on this and lets see how it goes

OJB

[charitynjw]

Re: County Court Business Centre Letter Received

@OliverJB

Quick heads-up about the possible next stages.
& bear in mind that the Claimant has already paid the claim issue fee....so they don't have much to lose at this stage in allowing the claim to continue. In fact it is often done to exert psychological pressure on the Defendant.

The claim is only in 'case management' admin - no-one with any legal clout will have seen it. (Unless some kind of application is filed.....but this costs the applicant.)
A copy of your defence will be sent to the Claimant. Sometimes the court requires a reply by the Claimant (usually 28 days deadline), sometimes not; it is not mandatory unless ordered by the court. (You will be notified if so.)
If the claim should be stayed for any reason, neither party is notified, so keep regular tabs on the progress.
If it does proceed, the next bit is Directions Questionnaires & Mediation.
http://hmctsformfinder.justice.gov.u..._forms_id=3035

[charitynjw]

Re: County Court Business Centre Letter Received

Para #8 - Defendant's parents address (not Claimant).

Para #10 - take out the square brackets.

Para #12 - second part doesn't scan well. "Schedule 4 also states that the only sum a keeper can be pursued for..." ....you don't say how the sum is defined.

Brilliant, though!

[OliverJames]

Re: County Court Business Centre Letter Received

[MENTION=5553]charitynjw[/MENTION] I have had a quiet afternoon so managed to put some time into making my defence statement read a little better, but it still feels as though there are a few gaps and wondered if you could do a very quick skim and give me your thoughts?

I definitely need to do some reformatting!

This is obviously assuming they don't get their disclosure over to me by Monday afternoon....which i think is very unlikely considering my parents have gone away for the next 10 days, live 50 miles away from me and although i have sent SEVERAL letters to CEL with my current address they are unlikely to send ANYTHING there as they know it will affect my defence

Anyway...if you get 3 secs to do a really quick skim and let me know your thoughts that would be amazing!

Thank you so much, again

OJB

[charitynjw]

Re: County Court Business Centre Letter Received

Not sure I'd print out the CPR's / PD's personally @charitynjw - referencing them and copying the specific paragraph should be more than enough in a defence. Don't normally add exhibits to a Defence - save that for later witness statements ?

Lol!

I was thinking of for possible use later on down the line.

As you know I'm not one to procrastinate.....ask my OH.


On second thoughts.........don't ask!

[OliverJames]

Re: County Court Business Centre Letter Received

I have already created them as screenshots with the links to the exact paragraphs, and put them into my defence file....so will keep them in the wings just in case they are required at a later stage!

Thank you

[Amethyst]

Re: County Court Business Centre Letter Received

Not sure I'd print out the CPR's / PD's personally [MENTION=5553]charitynjw[/MENTION] - referencing them and copying the specific paragraph should be more than enough in a defence. Don't normally add exhibits to a Defence - save that for later witness statements ?

[OliverJames]

Re: County Court Business Centre Letter Received

Print copies of CPR PD 7E & CPR PD 16 & add to your file. (Links previously posted.)

Should i create these as appendix in the defence statement? And if so, should i reference them as such in the paragraph? Or will the court be able to work that much out for themselves

[charitynjw]

Re: County Court Business Centre Letter Received

Print copies of CPR PD 7E & CPR PD 16 & add to your file. (Links previously posted.)

[OliverJames]

Re: County Court Business Centre Letter Received

Legalease comes far too easily to you haha!! This is amazing, thank you!