**DISCONTINUED** County Court Business Centre Letter Received

[charitynjw]

Re: County Court Business Centre Letter Received

"The Defendant, as a litigant in Person, believes that CPR PD 16 7.3 is applicable. This states that:-

7.3 Where a claim is based upon a written agreement:
(1) a copy of the contract or documents constituting the agreement should be attached to or served with the particulars of claim and the original(s) should be available at the hearing

A copy of the site signage, of which it is common ground that the alleged contract is based on same, was not served with the separate detailed Particulars of Claim.

As the parking site (as was) is no longer existent & is now a [block of flats/residential development/etc] & the site signage has long disappeared, the Defendant has been unable to view same & so has been seriously prejudiced by the Claimant's delay in bringing this matter to court.



Something like that maybe?

[OliverJames]

Re: County Court Business Centre Letter Received

You're a Litigant in person, trying to interpret Civil Procedure Rules...

......*failing to

I can't get over how much needs to be considered while going through all this! I am currently re-reading the link you sent me in #42 and it's making the same amount of sense

Could it be something like...As litigant in person, the defendant has understood CPR PD 16 7.3 to mean that the claimant should provide evidence of the signage that was clearly presented within the car park at the time of the time of the alleged offence. This information was not supplied within the original Particulars of Claim and as such, the Claimant has not followed the correct Rules & Procedures set out by the courts.

Most likely not...but i'm trying to get my head around it all without you needing to spoon feed me everything haha!!

Thank you again

[charitynjw]

Re: County Court Business Centre Letter Received

It might be worth putting in a bit about CPR PD 16 (post #42), esp as you can no longer access the site sign which was relevant at the time.

"It is the Defendant's belief that....blah blah CPR PD 16 7(3)..."

You're a Litigant in person, trying to interpret Civil Procedure Rules...

[OliverJames]

Re: County Court Business Centre Letter Received

So did the permission to operate on the land come from them? An intermediate? What are the terms/conditions of any agreements?

I have requested this info from them, so fingers crossed this is info that they supply me with before i need to submit my defence!!

I called the court this afternoon to just double check they have everything they need from me and they confirmed that my defence doesn't need to be in until the end of the day on the 6th which means i can hold out over the weekend for their docs to arrive!!

[charitynjw]

Re: County Court Business Centre Letter Received

It's a start.

My reading of it is that, before July 2016, the land was owned by Ms Arnold & Mr/Mrs Black.

So did the permission to operate on the land come from them? An intermediate? What are the terms/conditions of any agreements?

[OliverJames]

Re: County Court Business Centre Letter Received

Land registry?
https://www.gov.uk/government/organi.../land-registry

Yep...i just purchased the title deeds, and i don't think that it is as helpful as i hoped it would be! You may be able to see something that I can't so i have uploaded for your reference!

[charitynjw]

Re: County Court Business Centre Letter Received

Just in case.....

Prepare a schedule of costs & update it from time to time.

Costs can be awarded in some cases in Small Claims.
Eg - http://www.legalbeagles.info/forums/...le-costs-order

Litigant in Person rate = £19/hr + any out-of-pocket stuff (Copying costs, postage etc etc.)

[charitynjw]

Re: County Court Business Centre Letter Received

Land registry?
https://www.gov.uk/government/organi.../land-registry

[OliverJames]

Re: County Court Business Centre Letter Received

Put that in your defence & say that the Claimant's unreasonable delay in issuing proceedings has therefore prejudiced your ability to defend the claim. (Evidence such as relevant site sign no longer available).

Will need rewording, I'm sure, but something like this?

The site where the alleged offence took place has since been turned into a block of flats, and as such, the Claimant's unreasonable delay in issuing proceedings has prejudiced the Defendant’s ability to defend the claim due to there being no signage available to reference.

You can see from the image that i have just taken from Google earth that this site has been a building site since before October 2015, which is only a couple of months after they alleged the car registered to me was parked there! (the entrance to the car park they are referring to is in front of the arrow on the floor...where the crane is)

Maybe the land had been sold to the new owner (Kirkby homes) before this point and the contract hadnt changed hands? How would i go about finding that out?

Thank you...

OJB

[charitynjw]

Re: County Court Business Centre Letter Received

Put that in your defence & say that the Claimant's unreasonable delay in issuing proceedings has therefore prejudiced your ability to defend the claim. (Evidence such as relevant site sign no longer available).

[OliverJames]

Re: County Court Business Centre Letter Received

That could be very helpful if it turns out that's the case!! I went to the site of the alleged offence this weekend and it is now a block of flats

[charitynjw]

Re: County Court Business Centre Letter Received

*Phew!*
Thanks, [MENTION=61850]OliverJB[/MENTION]

I'm also trying to ascertain whether a copy of the contract (site signage?) should be included if the PoC is served separately.
CPR PD 16 7.3 seems to indicate that it should.

Other matters to be included in particulars of claim

7.1 Where a claim is made for an injunction or declaration in respect of or relating to any land or the possession, occupation, use or enjoyment of any land the particulars of claim must:
(1) state whether or not the injunction or declaration relates to residential premises, and
(2) identify the land (by reference to a plan where necessary).
7.2 Where a claim is brought to enforce a right to recover possession of goods the particulars of claim must contain a statement showing the value of the goods.
7.3 Where a claim is based upon a written agreement:
(1) a copy of the contract or documents constituting the agreement should be attached to or served with the particulars of claim and the original(s) should be available at the hearing, and
(2) any general conditions of sale incorporated in the contract should also be attached (but where the contract is or the documents constituting the agreement are bulky this practice direction is complied with by attaching or serving only the relevant parts of the contract or documents).

https://www.justice.gov.uk/courts/pr.../pd_part16#8.1

[OliverJames]

Re: County Court Business Centre Letter Received

[MENTION=5553]charitynjw[/MENTION] Done - I only found 2 references to it. If you find any more please let me know!

[charitynjw]

Re: County Court Business Centre Letter Received

@OliverJB

My apologies....when the claim issued via MCOL, the cert of service should be 14 days from receipt of PoC, not 7 as previously posted. (7 days is applicable elsewhere.)
I've edited my posts.....could you please edit any of your posts accordingly, please.
https://www.justice.gov.uk/courts/pr...pd_part07e#6.1

Particulars of claim and certificate of service

6.1 Where the particulars of claim are served by the claimant separately from the claim form pursuant to paragraph 5.2(2), the claimant must –
(1) serve the particulars of claim in accordance with rule 7.4(1)(b); and
(2) file a certificate of service in form N215 at the County Court Business Centre within 14 days of service of the particulars of claim on the defendant.

[OliverJames]

Re: County Court Business Centre Letter Received

I haven't been on the electoral roll at my parents address for nearly 10yrs!!!! It just happened to be where my car was registered because i was living there when I purchased it and lived in rented properties for years so it was more convenient for tax/mot reminders to have it all come to one place.

If they had done their due diligence they would definitely see i'm registered in my current address