PE county court defence - urgent support needed please

[Chris25hull]

hi, I've recieved a county court claim from PE regarding an overstay of less than 1hr in a paid car park. Thanks to the forums etc on here, I've managed to put a defence together and acknowledged the 14 days of service.
How do I lay out my defence, do I simply put bullet points that I'm contesting it over or do I do a more detailed defence?
Thanks

[mystery1]

Re: PE county court defence - urgent support needed please

A defence is simply a list of reasons a claim should fail. A simple denial is not enough in most cases.

https://civillitigationbrief.wordpre...se-considered/

When is the last date for filing a defence ? (33 days after the date on the claim as you have filed AOS)

I'd wait until Beavis is decided or the deadline looms large.

Can you scan the claim form (suitably sanitised)

M1

[Chris25hull]

Re: PE county court defence - urgent support needed please

Just going to upload it now.
21st sept was issue date so should be either this Friday or Saturday?
thanks

[Chris25hull]

Re: PE county court defence - urgent support needed please

claim form

[mystery1]

Re: PE county court defence - urgent support needed please

So they are after you as driver since there is not PoFA mentioned. Have you contacted them at all ?

Do you have the PCN ?

M1

[Chris25hull]

Re: PE county court defence - urgent support needed please

I appealed it when I got the PCN as I paid for 12hrs but it has me apparently 30mins over and there wasn't an option to pay additional time.
ive put my defence into 11 different points ranging from no contract formed to signage etc and have pic of the signage to anpr camera dispute etc but was wondering if in my defence I have to go into much more detail surrounding my points or weather that's for the court.
Now I wish I'd taken law at school, ha. Il put the PCN up
thanks

[mystery1]

Re: PE county court defence - urgent support needed please

A defence is only a little more detailed than an outline but of course you have to deny/admit as well as give reasons such as unfairness, penalty etc. It's your oral argument or written submissions that expand fully on all points.

Stick your defence up for a look.

Could do worse than read http://parking-prankster.blogspot.co...arguments.html

M1

[Chris25hull]

Re: PE county court defence - urgent support needed please

PCN issued

[Chris25hull]

Re: PE county court defence - urgent support needed please

Defence

[mystery1]

Re: PE county court defence - urgent support needed please

I've seen worse, seen better too. I'll have a play with it after i see whether Beavis is due next week probably around lunchtime when the supreme court tweet next weeks business.

In the meantime ask Parking Eye if they'll extend the period for filing your defence pursuant to CPR 15.5 for a further 28 days so the Beavis result can be taken in to account.

M1

[Chris25hull]

Re: PE county court defence - urgent support needed please

Thank you mystery1

[mystery1]

Re: PE county court defence - urgent support needed please

chris25hull.rtf

Edit to suit.

M1

[Chris25hull]

Re: PE county court defence - urgent support needed please

Hi Mystery, case is now going to court. Couple of questions I need some clarity on please. Firstly, our Chorley friends have challenged point 13 regarding pofa 2012 and have invited me to show them how it's valid. Secondly, is there a specific timetable for the bundle from the claimant to submit? It stated by the courts a specific date and they haven't submitted yet. Can this be struck out as a result of something that I can do? And lastly, the contract sent to me is not a full contract and doesn't have a signature, or even signed name of then landowner. Anything I can do? Thanks in advance

[mystery1]

Re: PE county court defence - urgent support needed please

If they have not met the deadline set by the court they need to apply for relief from sanctions under CPR 3.9. It can be struck out but so close to a hearing i'd just make the court aware that they didn't submit it in time and should not be alloweed to use it ( mitchell v news group newspapers ltd 2013, Denton v TH White Ltd [2014] EWCA Civ 906) I'd ask the court if they have been sent anything.

As for PoFA, it's their case to make and as you've said it doesn't comply then it's their job to convince the court. The defence is pretty clear on the faults.

As for the contract, you can challenge any point that raises doubts on the day.

M1

[Chris25hull]

Re: PE county court defence - urgent support needed please

Hi Mystery, thanks for the help so far. Just a bit of advice needed please. If in their witness statement, it states a particular postcode that the parking company is allowed to operate etc and it turns out that the parking infringement is not the same postcode, but is still on the same site, are they still allowed to operate and proceed court proceedings in their own name?
Thanks in advance,