**DISCONTINUED** County Court Business Centre Letter Received

[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!

[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

[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

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.

[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"?

[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

[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

[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

So it's D-day and still no disclosure from CEL (zero surprise!)

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

I used my current address. Would a copy of my acknowledgement be sent across to CEL then? They have had plenty of opportunity to use the correct address, but have chosen not to on every occasion!

Q2

Now than I am confident that the disclosure will not be arriving today, I wanted to put in some stronger wording around this into my defence, and would welcome some of your magical legalease;

The Defendant wrote to the Claimant on 27^th October requesting full disclosure of their documents as per their CPR 31 obligations. The Claimant was also offered an extension of 28 days as per CPR 15.5(1). This request was sent via First Class mail and would have been received next working day. The Claimant has ignored this request on all counts giving the Defendant none of the evidence to assess their defence position.

Obviously happy to amend anything and everything if needed

Thank you again

OJB

[charitynjw]

Re: County Court Business Centre Letter Received

The court now knows your current address & the Claimant should exercise due dil. Wouldn't hurt to drop them a line to make sure, though. I guess your CPR 31 was sent with your current address on it?

Deemed delivery for 1st class post is 2 working days.

[OliverJames]

Re: County Court Business Centre Letter Received

I guess your CPR 31 was sent with your current address on it?

Thanks charitynjw

Yes, every communication I've sent to date have included my current (and only) address!!

On a this note....I've just received some conflicting information regarding CRP 31 on another forum....

There is no disclosure in SCC, so you dont ref rule 31 as that doesnt apply

What's your take on this?

OJB

[charitynjw]

Re: County Court Business Centre Letter Received

Strictly speaking, CPR 31 is relevant up until it is allocated to SC.
So what I sometimes do is begin with a CPR 31 request, & come time for allocation, put in a reminder request for the same, but omit all references to CPR 31 on this one.
The Claimant has an ongoing duty to disclose, whether the disclosure supports or is detrimental to their case.
So now you've asked twice...once under CPR 31, once as a straight-forward non CPR request.

[charitynjw]

Re: County Court Business Centre Letter Received

@OliverJB

Prezzie for you!

The IPC Code of Practice is a somewhat laughable document, having been amended 6 times in their short tenure as a trade assn, each successive version watered down in favour of their members. (Well, you don't bite the hand that feeds you, do you!)

But I found this, buried at the bottom of the CoP.

Before issuing court proceedings on any unpaid parking charge which is over 12 monthsold, the operator must first perform a suitable check of the defendant’s last known address.

Bottom of page 33
https://theipc.info/uploads/-imXk-gE...une%202017.pdf

Listen!...is that the sound of IPC biros hastily scratching a 7th amendment? ("Gor blimey, how did we miss that one & leave it in?")

[OliverJames]

Re: County Court Business Centre Letter Received

@OliverJB

Prezzie for you!

The IPC Code of Practice is a somewhat laughable document, having been amended 6 times in their short tenure as a trade assn, each successive version watered down in favour of their members. (Well, you don't bite the hand that feeds you, do you!)

But I found this, buried at the bottom of the CoP.

Bottom of page 33
https://theipc.info/uploads/-imXk-gE...une%202017.pdf

Listen!...is that the sound of IPC biros hastily scratching a 7th amendment? (Gor blimey, how did we miss that one & leave it in?)

GOLD......absolute gold!! 🤣🤣🤣

This will negate a lot of their most recent claims....I hope!!!!

[OliverJames]

Re: County Court Business Centre Letter Received

[MENTION=5553]charitynjw[/MENTION] quick one for you....

I have been advised to contact CEL now to explain about the backdating of the PoC and also contact the court to complain about the fact that this took place.

As I mentioned in previous posts, my sister opened the letter and didn't keep the envelope the PoC arrived in so could unravel very quickly. Is this something you would recommend?

In the same letter requesting explanation about the backdating I was thinking I could drop in a line about the IPC code of practice and their distinct lack of due diligence?

Very loose wording, but something like this;

On October 2^nd 2017 I received a County Court Claim from yourselves which I have acknowledged, and intend to defend in full.

As per Civil Procedure Rules you are expected to serve Particulars of Claim within 14 days of issuing your claim form.
Please can you send me an explanation as to why your particulars of claim were dated 11^th October 2017, but only arrived to the address, which was incorrect, even though you received a letter from me on the 8^th October with the correct address, on the 24^th October?

IPC code of practice (Page 33, final paragraph) clearly states that;
Before issuing court proceedings on any unpaid parking charge which is over 12 months old, the operator must first perform a suitable check of the defendant’s last known address.

You have failed to comply with this and as such I recommend you cease and desist with immediate effect.

What do you think about sending a letter in the first place, and if so, the content (not necessarily the words used)?

Thank you!

OJB