**DISCONTINUED** County Court Business Centre Letter Received

[charitynjw]

Re: County Court Business Centre Letter Received

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

[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.)

[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

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

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 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

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

"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

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

[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

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

[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

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

[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

[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