Claim Form Received

Snellosaurus

Xanthanan wrote: »

I have the same happen, it worked fine earlier this evening but I now get:

Xanthanan: Turns out you only have to put those details in once on MCOL. If you log in using your user ID and password, scroll down. Underneath the box where you can put the details of the claim form in it should be listed.

Rather unclear and confusing if you ask me, but it was there on mine!

Xanthanan

Snellosaurus wrote: »

Xanthanan: Turns out you only have to put those details in once on MCOL. If you log in using your user ID and password, scroll down. Underneath the box where you can put the details of the claim form in it should be listed.

Rather unclear and confusing if you ask me, but it was there on mine!

Yep spotted that after a while, darn confusing

roogoose

Coupon-mad wrote: »

5. The Claimant’s solicitors are known to be a serial issuer of generic claims similar to this one, with no diligence, no scrutiny of details nor even checking for a true cause of action. HMCS have identified over 1000 similar sparse claims. I believe the term for such conduct is ‘roboclaims’ which is against the public interest, unfair on unrepresented consumers and parking companies using the small claims track as a form of aggressive, automated debt collection is not something the courts should be seen to support. On the basis of the above, I request the court strike out the claim.

Where is this information from and can I confirm it is related to glad stones?
Thank YOU!

bargepole

Coupon-mad wrote: »

... I am concerned this may be too wordy for the MCOL defence box but you will find that out when you try (be careful, make sure half your defence doesn't get removed by the word-count restriction). If so, you would be best sending it by email as an attachment, clearly marked as being your defence for claim number xxxxxxxxx, which I know HO87 has said can be done.

My advice, for what it's worth, is NEVER submit your defence using the MCOL text box. Not only does it restrict what you can put down, but it destroys all the formatting, and splits the text over multiple pages, making it hard for the Judge to read. The last thing you want to do.

You should produce your defence as a Word, or preferably PDF stand-alone document, sent by registered post. It should be headed as follows:

IN THE COUNTY COURT

CLAIM No: CXXXXXX

BETWEEN:

KNUCKLE-DRAGGERS R US LTD (Claimant)

-and-

FREDDIE FARNESBARNES (Defendant)

________________________________________
DEFENCE STATEMENT
________________________________________

... and at the end, should say:

"I believe the facts contained in this Defence Statement are true."

With a signature and date below

Snellosaurus

Thank you for your thoughts, Bargepole. I asked for an email address to send it to - would you recommend the recorded delivery over the email option?

To see if there's anything else I can add into my defence, I am hoping someone might be able to cast their eyes over the signage that was at the site on the day to see if there are any holes in the wording. I have a few thoughts myself but would be very interested to hear what anyone else has to say.

The link (with https removed) is:

/s20.postimg.org/sgst8ddu5/IMG_1898.jpg

Coupon-mad

Snellosaurus wrote: »

Thank you for your thoughts, Bargepole. I asked for an email address to send it to - would you recommend the recorded delivery over the email option?

To see if there's anything else I can add into my defence, I am hoping someone might be able to cast their eyes over the signage that was at the site on the day to see if there are any holes in the wording. I have a few thoughts myself but would be very interested to hear what anyone else has to say.

The link (with https removed) is:

/s20.postimg.org/sgst8ddu5/IMG_1898.jpg

any updates?

IMPORTANT - KNOW WHAT YOU MUST DO AND BY WHEN!

Here's a summary from bargepole of what happens when, what you MUST do in time, re the paperwork & deadlines:

https://forums.moneysavingexpert.com/discussion/5546325

...that's a new summary re-written by bargepole very recently.

Snellosaurus

Hi Coupon-mad, I've been offline for a while so haven't picked up your reply until now.

Here's the update so far:

Defence was submitted by email, meaning I wasn't constrained by the word count. Everything else came as expected and I submitted all the other paperwork.

I now have a date in court set. The paperwork gave the date by which Gladstones needed to pay the court fee by. I am waiting to see if they do that, or if they duly give up. (Perhaps you can tell me whether and when I will be notified if they do fail to make the paymeny by the date?)

I found that post by Bargepole you cited - it was really helpful, and I certainly won't be missing any deadlines thanks to their advice.

I'm searching for advice on how to compile the Witness Statment and Skeleton Arguments - I have seen a few examples where they are separated and others where the evidence is melded in with the Witness Statement. Do you have any thoughts / advice on which is the best approach?

salmosalaris

you will not be notified if Gladstones do not pay the hearing fee and even if they don't the courts don't tend to be sticklers if it's late .
Don't combine your documents . A witness statement is simply a statement of facts with an accompanying statement of truth . A skeleton argument is not necessary if your defence statement was detailed but can be useful to lead the DJ through your arguments and associated exhibits .
Make sure your bundle is indexed and all pages numbered so that the court can easily find relevant documents and exhibits .
Also make sure you prepare a schedule of costs to hand over if you win . If you feel they've behaved unreasonably through the process make sure this includes your full costs , see Practice Direction 27 and CPR 27.14

Coupon-mad

I'm searching for advice on how to compile the Witness Statment and Skeleton Arguments - I have seen a few examples where they are separated and others where the evidence is melded in with the Witness Statement. Do you have any thoughts / advice on which is the best approach?

Well salmosalaris knows his stuff. Also bargepole or IamEmanresu might stop by with an opinion as well; I believe they normally go with the separate skeleton argument option.

We've seen both used, a long WS which is effectively a statement of defence in itself or a separate 'skeleton argument' of defence coupled with a short WS stating the bare facts like 'I am the registered keeper of VRN xxxx xxxx and I was the driver on this occasion. I merely stopped because (whatever reason for brief stop) and did not park. Blah blah...'(only talking about the facts if you stick to a short WS).

Whichever version you decide to put together, you need to read the Jopson Appeal case which is not about the same sort of car park BUT has a Senior Circuit Judge defining what constitutes 'parking' (or not). It's the first 'parking' definition from an appeal case we've ever had the transcript for! Search the forum for Jopson or Google 'BMPA Jopson' to download the actual transcript. An Appeal case like 'Jopson' is persuasive on the lower courts and the QC made a definitive 'finding of fact' about parking as opposed to 'not parking'.

So that can be in your evidence, along with a copy of the Beavis sign as a comparison with the woeful signs at this site (small print, charge hidden, unreadable from a moving car, you'd have to stop to read it so can't then be bound for doing just that).

And a copy of POPLA Lead Adjudicator's Henry Greenslade's words on the need for clear repeater signage and lines to demarcate 'no stopping zones' on private land.

It was in the POPLA Annual Report around 2014 (?). Google it. They are all available.

bargepole

Snellosaurus wrote: »

... I'm searching for advice on how to compile the Witness Statment and Skeleton Arguments - I have seen a few examples where they are separated and others where the evidence is melded in with the Witness Statement. Do you have any thoughts / advice on which is the best approach?

The best approach will depend on what the main points of your defence are.

If your defence is primarily about the facts - eg you paid the correct parking tariff but the machine issued a duff ticket - your witness statement should spell out the full sequence of events in as much detail as possible. You could then attach a Skeleton setting out the legal reasons why you shouldn't be liable - frustration of contract, best endeavours, etc and quote case law if applicable.

But if your defence is mainly legal arguments, such as their non-compliance with POFA, lack of standing and so on, then you could start your W/S by saying something like "The facts of the case are as set out in my original defence, and I rely on that document as a true account."

Then go on to list the legal arguments.