We'd like to remind Forumites to please avoid political debate on the Forum... Read More »
IMPORTANT: Please make sure your posts do not contain any personally identifiable information (both your own and that of others). When uploading images, please take care that you have redacted all personal information including number plates, reference numbers and QR codes (which may reveal vehicle information when scanned).
📨 Have you signed up to the Forum's new Email Digest yet? Get a selection of trending threads sent straight to your inbox daily, weekly or monthly!
Gladstones court papers
Comments
-
it is providing you have acknowledged it0
-
Yes I acknowledged it last night.
Is it 28 days from now or 28 days from the court papers?0 -
shush_ya_mush wrote: »Yes I acknowledged it last night.
Is it 28 days from now or 28 days from the court papers?
28 days from date of service on the court papers, definitely not 'from now'.Please note, we are not a legal advice forum. I personally don't get involved in critiquing court case Defences/Witness Statements, so unable to help on that front. Please don't ask. .
I provide only my personal opinion, it is not a legal opinion, it is simply a personal one. I am not a lawyer.
Give a man a fish, and you feed him for a day; show him how to catch fish, and you feed him for a lifetime.Private Parking Firms - Killing the High Street0 -
Using the date shown on the front page of the Claim Form as the "Issue date" as a start, add 5 days (counting the date of issue as Day 0). This is the time allowed for the documents to be served on you and gives the notional date on which you "received" the papers. You should then add a further 28 days which produces the latest return date on which your defence must be with MCOL Northampton.shush_ya_mush wrote: »Yes I acknowledged it last night.
Is it 28 days from now or 28 days from the court papers?
I suggest that you aim to have the papers returned 2 or 3 days before the deadline and you can send your defence in (as an attachment) by email.
The email addresses are:ccbcaq@hmcts.gsi.gov.ukandccbcdefendants@hmcts.gis.gov.uk
You must make sure that the subject line of the email reads:
**CLAIM RESPONSE - CLAIM NO. XZXZXZXZ**
(insert you claim number instead of the xzxzx bit)
The email need only be very short - "Please file the attach defence in relation to the above claim number"
You are likely to receive an automated response to the second address telling you to send it to the first - which you have already done. Make sure you a specific operate copy of the email.
Keep checking the MCOL portal and if the defence is not logged in as received after about 10 days then call MCOL using their 0300 number and ask what has happened.My very sincere apologies for those hoping to request off-board assistance but I am now so inundated with requests that in order to do justice to those "already in the system" I am no longer accepting PM's and am unlikely to do so for the foreseeable future (August 2016).
For those seeking more detailed advice and guidance regarding small claims cases arising from private parking issues I recommend that you visit the Private Parking forum on PePiPoo.com0 -
Be sure to warn them of the financial consequence to which their client could be open if this does not go to court, or you win your case.
CPR27.14(2)(g) unreasonable behaviour.You never know how far you can go until you go too far.0 -
Sorry 'The Deep', warn who?
It seems I messed up and that they did serve the NTK at 32 days so it was in time, does this mean they can hold me as the keeper liable now and I shouldn't use that defence?0 -
shush_ya_mush wrote: »Sorry 'The Deep', warn who?
It seems I messed up and that they did serve the NTK at 32 days so it was in time,
Doesn't seem to stack with your earlier statement.So far as a defence they have not complied with the pofa 2012 as their ntk was dated 60 daysdoes this mean they can hold me as the keeper liable now and I shouldn't use that defence?
Only if they meet the absolute requirements of PoFA 2012, and even the major PPCs seem well capable of screwing that up. Check your NtK - absolutely pedantically - against the following checklist.
http://www.parkingcowboys.co.uk/keeper-liability/Please note, we are not a legal advice forum. I personally don't get involved in critiquing court case Defences/Witness Statements, so unable to help on that front. Please don't ask. .
I provide only my personal opinion, it is not a legal opinion, it is simply a personal one. I am not a lawyer.
Give a man a fish, and you feed him for a day; show him how to catch fish, and you feed him for a lifetime.Private Parking Firms - Killing the High Street0 -
shush_ya_mush wrote: »It seems I messed up and that they did serve the NTK at 32 days so it was in time, does this mean they can hold me as the keeper liable now and I shouldn't use that defence?
Well of course that depends on whether they complied with paragraph 8 of Schedule 4, which is up to you to scrutinise word for word. The POFA is linked in the Newbies sticky thread and para 8 is easy to read in bullet point format.PRIVATE 'PCN'? DON'T PAY BUT DON'T IGNORE IT (except N.Ireland).
CLICK at the top or bottom of any page where it says:
Home»Motoring»Parking Tickets Fines & Parking - read the NEWBIES THREAD0 -
Thanks for the link I'll check through it thoroughly, I got my dates wrong by a big margin but hey ho, Im only human.0
This discussion has been closed.
Confirm your email address to Create Threads and Reply
Categories
- All Categories
- 351.3K Banking & Borrowing
- 253.2K Reduce Debt & Boost Income
- 453.7K Spending & Discounts
- 244.2K Work, Benefits & Business
- 599.4K Mortgages, Homes & Bills
- 177.1K Life & Family
- 257.7K Travel & Transport
- 1.5M Hobbies & Leisure
- 16.2K Discuss & Feedback
- 37.6K Read-Only Boards