Letter before claim

Umkomaas

Update: I have completed the online response to the court's "Claim Form" selecting the "acknowledgement of services" part so giving me 38 days.

Is that a typo? It's 28 days plus 5 days (for service) from the date of issue. Maximum it could be is 33 days.

Definitely don't miss this deadline.

Kind_Of_Irritated

Yes, thanks Umkomaas. That was a typo!

Btw, I was surprised not to have received anything back - not even an automated acknowledgement - re my online filing of this. I printed it all off with its number and the fact that it had been accepted. I suppose that's the normal situation.

Kind_Of_Irritated

Hi all. On 27th October I received the "Claim Form" for well over £200 regarding Link Parking & Gladstones.

The Issue Date is 25th October, 2016. It came from a Northampton Court - roughly a 3-hour drive and almost 200 miles away from my location. I understand I can ask for this to be brought more local to me.

I immediately completed the online Acknowledgement of Service giving me 28 days to get in my defence.

My immediate question right now is to try to clarify the exact final date that my defence has to be received by the court.

I see in the court notes that the "Day of Service" is taken as 5 days after the Issue Date. That brings the Day of Service" to Sunday 30th October. Does this mean that by Sunday 27th November my defence has to be with the court? Weekends are probably discounted so does that mean that my papers must be with the court by Friday 25th November?

Ralph-y

have you looked through


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

Ralph

:cool:

Kind_Of_Irritated

Yes, I have, thanks. It's a great help and also this, linked from there:

Edit: Also see this thread about how to avoid irrelevant defences: https://forums.moneysavingexpert.com/discussion/comment/71597350#Comment_71597350

But on reading the above thread I am concluding that my options are decreasing as to what I can cite as reasons the charge is not valid. I believe I will be concentrating mainly on the "no contract" with ANYone, me or my son, whose flat this is concerning. There was no mention of parking or its limitations at all in his tenancy agreement and certainly no mention of Link Parking or their predecessor.

Coupon-mad

I am concluding that my options are decreasing...There was no mention of parking or its limitations at all in his tenancy agreement and certainly no mention of Link Parking or their predecessor.

On the contrary - dare I say with a smile: do keep up! - read what's on the forum for you to use and don't stay in isolation on your own thread. Your options have increased since you last posted in October because we have a new transcript. Cite the Jopson case:

https://forums.moneysavingexpert.com/discussion/5553131

Search the forum for 'Jopson' to see how it can be brought into a defence. Here is an example from pepipoo forum doing exactly that (I posted some suggested defence wording at #20 as 'SchoolRunMum'):

http://forums.pepipoo.com/index.php?showtopic=109329&st=0

I make it and agree with you that you have a week to get this defence in online via MCOL (assuming you did acknowledge the claim already) which is plenty of time to research over the weekend. You have several defence points. Show us your draft like all the other people defending G's claims here. We've not seen any Gladstones cases lost, not when defended robustly with forum advice.

You will already know from bargepole's thread that the case will be heard at your local court but please search the forum for the words: 'Gladstones straightforward' once you have submitted your defence because if one more person asks about G's 'Special Directions' tedious letter enclosing a copy of their DQ and pretending it would be a jolly wheeze to hear the case 'on the papers', I will scream! It is discussed on every G's claim thread. After you've submitted your defence, be ready for round two.

Kind_Of_Irritated

Thanks a lot, as always, Coupon-mad. I'm actually subscribed to three dozen threads now. Perhaps that's why I'm not keeping up.

Busy weekend now but I'll certainly try to get something onsite ASAP for you well-informed and amazingly helpful people to look at for me.

Kind_Of_Irritated

Thoughts on this defence?



IN THE [TOWN]
COUNTY COURT
CASE No.
BETWEEN


[IVOR PROBLEM]
Claimant

AND


[JUSTIN TIME]
Defendant

DEFENCE






1. I am the Defendant, xxxxx, DOB xx/xx/xxxx, and reside at xxxxxxxxx


2. Save as specifically admitted in this defence the Defendant denies each and every allegation set out in the Particulars of Claim, or implied in Pre action correspondence.


3. The Defendant is embarrassed in pleading to the Particulars of Claim as it stands at present, inter alia: -


The Claimant’s Particulars of Claim disclose no legal cause of action and they are embarrassing to the Defendant as the Claimant's statement of case is insufficiently particularised and does not comply or even attempt to comply with CPR part 16 and practice direction 16 7.5. In this regard I wish to draw the Courts attention to the following matters;


(a) The Particulars of Claim are vague and insufficient and do not disclose an adequate statement of facts relating to or proceeding the alleged cause of action. No particulars are offered in relation to the nature of the any agreement. the method the Claimant calculated any outstanding sums due, how they became due, or any other matters necessary to substantiate the Claimant's claim.


(b) Upon receipt of the claim the claimant was contacted by the defendant and asked to replead the claim to correct the deficiencies, but refused to do so.


(c) The over riding objective of the CPRs dictates that the case should be handled at a proportionate cost. The defendant recognises this duty and refrains from making an application for summary judgement at a cost which exceeds the claims value but asks the court to strike the claim out under it’s powers, of it’s own motion as several Judges across the country have already done.


4. The particulars of claim state :- --date--description-amount-due date Total due £150. The defendant can neither admit nor deny this as it is unintelligible. If the £150 is for a parking charge then it is submitted that it is a penalty which is unenforceable in law and exceeds the stated maximum of the accredited trade association.


5. The claimant is put to strict proof that they are entitled to £150 plus interest as claimed.


6. It is denied that any contract was entered in to between myself and the claimant.


7. Should the claimants try to make a case via witness statement I request the claim is adjourned at the claimants expense to enable a full particularised defence to be entered.


Statement of Truth



I believe that the facts stated in this Defence are true.



Dated this 24th day of November 2016

Kind_Of_Irritated

Can anyone tell me why I cannot post here at the moment? Thank you.

Ralph-y

that one worked ...

Ralph:cool: