County Court Claim for an unpaid PCN

[charitynjw]

At this stage I would suggest a concise defence, picking apart their Particulars of Claim & briefly mentioning all the points which you want to add to support your defense.
There really is no point (at this stage) in writing a 'War & Peace'......that can come later with a Witness Statement &, if necessary, a written Skeleton Argument.
& there is no need to adduce evidence yet.

The advantage of this is that it should fit in the limited space available via MCOL.

[DanRus]

Was that the only sign on the site?

What time of day? (approx)

Is the site iluminated.....or the sign?

Good morning!

I'm a bit worried that my deadline is today if you include the issue date as the first day. Would it be possible to send me something today? I'm sorry to chase and i am so grateful for you assisting me with this!

Many thanks,
Dan.

[charitynjw]

Good morning!

I'm a bit worried that my deadline is today if you include the issue date as the first day. Would it be possible to send me something today? I'm sorry to chase and i am so grateful for you assisting me with this!

Many thanks,
Dan.

See post #23

[DanRus]

At this stage I would suggest a concise defence, picking apart their Particulars of Claim & briefly mentioning all the points which you want to add to support your defense.
There really is no point (at this stage) in writing a 'War & Peace'......that can come later with a Witness Statement &, if necessary, a written Skeleton Argument.
& there is no need to adduce evidence yet.

The advantage of this is that it should fit in the limited space available via MCOL.

Apologies i did not see this! Which points do i need to pick apart exactly? What points do i need to add to my defense? would it be the past court claims which found it was trespassing?

I'm really sorry if i sound think, i have no experience in this at all and now i'm a bit nervous that i dont have a case.

best regards,
Dan.

[charitynjw]

Apologies i did not see this! Which points do i need to pick apart exactly? What points do i need to add to my defense? would it be the past court claims which found it was trespassing?

I'm really sorry if i sound think, i have no experience in this at all and now i'm a bit nervous that i dont have a case.

best regards,
Dan.

No worries, I'm on it.

I've got to go out this am, but will sort something for you later.

Did you see post #23 & check for yourself? (Issue date + 33 days)

[DanRus]

No worries, I'm on it.

I've got to go out this am, but will sort something for you later.

Did you see post #23 & check for yourself? (Issue date + 33 days)

Thanks mate!!!

Is it not 33 days including the issue date?

[charitynjw]

Thanks mate!!!

Is it not 33 days including the issue date?

No, issue date + 33.
If that falls on a Sat, Sun or BH, then the next working day.

[charitynjw]

Could you give me a timeline of events from 17/03/2018 to now. (Ie letters rec'd)

[charitynjw]

I've bashed out a draft of a holding defence......have a look & amend as necessary

[charitynjw]

Ok

Now for a CPR 31.14 request for further disclosure.

---------------------------------------------------------------------------------------------------

Your name
Your address
Your postcode
Date
Claimants name
Claimants address
Claimants postcode

Dear Sirs,

Claim Number: XXXXXX

Request for documents mentioned in a statement of case under CPR 31.14

On xx/xx/xxxx I received a County Court claim from yourselves of which I have acknowledged receipt indicating my intention to defend in full.

To enable me to assess my legal position & if necessary, seek legal advice, please disclose the following:-

• A true copy of your client's KADOE agreement with DVLA
• A true copy of any agreement/contract between your client & the relevant landowner/authorised agent, together with all contracts which form a chain of authority back to the landowner.
• A true copy of any planning permission required for erection of signage at the relevant parking site.

These to be redacted only as strictly necessary.

Please note that letters purporting to show authority are not acceptable to me.

Neither is the delaying of disclosure or producing them for the first time at a court hearing.
That would place me at a significant disadvantage, & I would view any attempt to do so as unreasonable.

In accordance with CPR 31.15(c) I undertake to be responsible for your reasonable copying costs incurred in complying with this CPR 31.14 request.

You should note that this claim has not yet been allocated to a specific track and the provisions of CPR 27(2) are of no effect. Had your claim not been issued through CCBC the Claimant would have been obliged to attach copies of the documentation upon which it relies to the Particulars of Claim.

I, as Defendant, am entitled to see the documents on which the Claimant relies and which you must produce at trial. Disclosure at this early stage will enable me to fully plead my case and further the Overriding Objective.

You should ensure compliance with your CPR 31 duties and ensure that the document(s) I have requested are copied to and received by me within 7 days of receiving this letter.

If you require more time in which to comply with this request you must tell me in writing and confirm your agreement to an extension of the time allowed for me to file my defence as allowed under CPR 15.5 so I may notify the court
.
I look forward to hearing from you.

Yours sincerely

Your Name

------------------------------------------------------------------------------------------------------------

Send to the solicitor.

Keep a copy, & if sent via land mail, get a free certificate of posting. (Tracked mail can be refused.)

[DanRus]

I've bashed out a draft of a holding defence......have a look & amend as necessry

Thank you so much for this
You are a life saver!!

[DanRus]

Ok

Now for a CPR 31.14 request for further disclosure.

---------------------------------------------------------------------------------------------------

Your name
Your address
Your postcode
Date
Claimants name
Claimants address
Claimants postcode

Dear Sirs,

Claim Number: XXXXXX

Request for documents mentioned in a statement of case under CPR 31.14

On xx/xx/xxxx I received a County Court claim from yourselves of which I have acknowledged receipt indicating my intention to defend in full.

To enable me to assess my legal position & if necessary, seek legal advice, please disclose the following:-

• A true copy of your client's KADOE agreement with DVLA
• A true copy of any agreement/contract between your client & the relevant landowner/authorised agent, together with all contracts which form a chain of authority back to the landowner.
• A true copy of any planning permission required for erection of signage at the relevant parking site.

These to be redacted only as strictly necessary.

Please note that letters purporting to show authority are not acceptable to me.

Neither is the delaying of disclosure or producing them for the first time at a court hearing.
That would place me at a significant disadvantage, & I would view any attempt to do so as unreasonable.

In accordance with CPR 31.15(c) I undertake to be responsible for your reasonable copying costs incurred in complying with this CPR 31.14 request.

You should note that this claim has not yet been allocated to a specific track and the provisions of CPR 27(2) are of no effect. Had your claim not been issued through CCBC the Claimant would have been obliged to attach copies of the documentation upon which it relies to the Particulars of Claim.

I, as Defendant, am entitled to see the documents on which the Claimant relies and which you must produce at trial. Disclosure at this early stage will enable me to fully plead my case and further the Overriding Objective.

You should ensure compliance with your CPR 31 duties and ensure that the document(s) I have requested are copied to and received by me within 7 days of receiving this letter.

If you require more time in which to comply with this request you must tell me in writing and confirm your agreement to an extension of the time allowed for me to file my defence as allowed under CPR 15.5 so I may notify the court
.
I look forward to hearing from you.

Yours sincerely

Your Name

------------------------------------------------------------------------------------------------------------

Send to the solicitor.

Keep a copy, & if sent via land mail, get a free certificate of posting. (Tracked mail can be refused.)

Thank you, what is a free certificate of posting? Can i send it via email?

[DanRus]

Ok

Now for a CPR 31.14 request for further disclosure.

---------------------------------------------------------------------------------------------------

Your name
Your address
Your postcode
Date
Claimants name
Claimants address
Claimants postcode

Dear Sirs,

Claim Number: XXXXXX

Request for documents mentioned in a statement of case under CPR 31.14

On xx/xx/xxxx I received a County Court claim from yourselves of which I have acknowledged receipt indicating my intention to defend in full.

To enable me to assess my legal position & if necessary, seek legal advice, please disclose the following:-

• A true copy of your client's KADOE agreement with DVLA
• A true copy of any agreement/contract between your client & the relevant landowner/authorised agent, together with all contracts which form a chain of authority back to the landowner.
• A true copy of any planning permission required for erection of signage at the relevant parking site.

These to be redacted only as strictly necessary.

Please note that letters purporting to show authority are not acceptable to me.

Neither is the delaying of disclosure or producing them for the first time at a court hearing.
That would place me at a significant disadvantage, & I would view any attempt to do so as unreasonable.

In accordance with CPR 31.15(c) I undertake to be responsible for your reasonable copying costs incurred in complying with this CPR 31.14 request.

You should note that this claim has not yet been allocated to a specific track and the provisions of CPR 27(2) are of no effect. Had your claim not been issued through CCBC the Claimant would have been obliged to attach copies of the documentation upon which it relies to the Particulars of Claim.

I, as Defendant, am entitled to see the documents on which the Claimant relies and which you must produce at trial. Disclosure at this early stage will enable me to fully plead my case and further the Overriding Objective.

You should ensure compliance with your CPR 31 duties and ensure that the document(s) I have requested are copied to and received by me within 7 days of receiving this letter.

If you require more time in which to comply with this request you must tell me in writing and confirm your agreement to an extension of the time allowed for me to file my defence as allowed under CPR 15.5 so I may notify the court
.
I look forward to hearing from you.

Yours sincerely

Your Name

------------------------------------------------------------------------------------------------------------

Send to the solicitor.

Keep a copy, & if sent via land mail, get a free certificate of posting. (Tracked mail can be refused.)

Is it not too late to submit this as my deadline for defense is today at 15:30?

Thanks,
Dan

[charitynjw]

I make it Sat 30th.
If so, the following Monday is fine.
https://www.timeanddate.com/date/dat...aw=&ad=33&rec=

See post #23

[charitynjw]

See post #23

Is it not too late to submit this as my deadline for defense is today at 15:30?

Problem with sending by email is that strictly speaking you need their consent to do so.
If you have it, fine.
If not, send via land mail. (Free cert is available upon request at the PO counter.)

& no, not too late to send.
If you do so now (or before filing your defence) you can truthfully include the fact in your defence statement.