PCM Ticket whilst parked outside a friends house visiting, do i pay?

infernouk

DoaM wrote: »

Yes it is. But you can also file a counterclaim as part of your defence. As minimum you should be seeking your costs, and try to push for enhanced costs (can't remember the proper term) for the claimant's unreasonable behaviour.

Ill probably do as the below stated and focus on winning first, ill request for petrol and parking or something up front, but as im a freelance software developer i dont have a fixed daily salary to claim

safarmuk wrote: »

Then this seems a little out of place doesn't it? Did you mean to leave this in or have you changed your mind.
Well written though. Hope it works, will be keeping my eye on this case.

I left it in there as regardless of if i were the driver, shouldnt they still have taken correct paths to establish what they did anyway? or can they just assume and get away with it if its the case?

Coupon-mad wrote: »

Persuasive.
https://forums.moneysavingexpert.com/discussion/comment/72221635#Comment_72221635
HTH

Thanks yes i plan to focus on the defence and then ill follow up as you indicate.

So this defence is ok to be posted off to the court now? Nothing further needed

Coupon-mad

I left it in there as regardless of if i were the driver, shouldn't they still have taken correct paths to establish what they did anyway? or can they just assume and get away with it if its the case?

No, there are no correct defined paths or deadlines without the POFA. So you need to remove #9.

infernouk

Coupon-mad wrote: »

No, there are no correct defined paths or deadlines without the POFA. So you need to remove #9.

thanks for clarifying I have removed it, so now i can print and post it to court and i await the questionnaire? Would you recommend any further reading or development on the defence as posted minus that 1 point?

Coupon-mad

I think your defence is fine, says exactly what it needs to say at this point. Yes, DQ next but Gladstones will send a misleading version. To be ready for that and to seize the chance at DQ stage to ask the court in a covering letter, for a strike out, see here:

https://forums.moneysavingexpert.com/discussion/comment/72186926#Comment_72186926

Jack Basta and backtobasix saw off their claims at DQ stage with a letter as discussed in their threads. Worth a shot, and worth repeating later if not.

HTH

infernouk

Coupon-mad wrote: »

I think your defence is fine, says exactly what it needs to say at this point. Yes, DQ next but Gladstones will send a misleading version. To be ready for that and to seize the chance at DQ stage to ask the court in a covering letter, for a strike out, see here:

https://forums.moneysavingexpert.com/discussion/comment/72186926#Comment_72186926

Jack Basta and backtobasix saw off their claims at DQ stage with a letter as discussed in their threads. Worth a shot, and worth repeating later if not.

HTH

Just about to post it off. I literally just send the document no additional info or evidence? Also do i need to do any further input on the MCOL defence section or does posting it resolve any additional online submissions required? I assumed the address is the court address on the claim letter in Northampton.

And to confirm, theres no word limit? my 5 pages is ok?

Coupon-mad

Just post it, no limit on words, no evidence yet. Sign & date it. MCOL will update when they receive it and log it next week.

infernouk

Coupon-mad wrote: »

Just post it, no limit on words, no evidence yet. Sign & date it. MCOL will update when they receive it and log it next week.

Hey there! my defence was submitted and i have just received a DQ via email from Gladstone?

I wasnt sure how to react to this as i assumed paperwork should be coming from the court? I remember your post above but assumed that would be in relation to a court DQ, am i supposed to be waiting for my DQ form in the post and i just keep this for reference? Im aware i contest the papers hearing etc when i get the chance

Thanks for any guidance, email image below:


http://i.imgur.com/d4xMdVnl.png

Fruitcake

infernouk wrote: »

Hey there! my defence was submitted and i have just received a DQ via email from Gladstone?

I wasnt sure how to react to this as i assumed paperwork should be coming from the court? I remember your post above but assumed that would be in relation to a court DQ, am i supposed to be waiting for my DQ form in the post and i just keep this for reference? Im aware i contest the papers hearing etc when i get the chance

Thanks for any guidance, email image below:


http://i.imgur.com/d4xMdVnl.png

You ignore the DQ from Gladrags, and only respond to the one from the court.

You do not want this to be heard on papers, you do want an oral hearing. In other words, you want your day in court.

As for costs, don't forget to include any postage, stationery, and telephone costs. I would add research time at the court rate of £19/hour, but it probably won't get you anywhere.

infernouk

Fruitcake wrote: »

You ignore the DQ from Gladrags, and only respond to the one from the court.

You do not want this to be heard on papers, you do want an oral hearing. In other words, you want your day in court.

As for costs, don't forget to include any postage, stationery, and telephone costs. I would add research time at the court rate of £19/hour, but it probably won't get you anywhere.

thanks this is what i thought, ill await my letter. If i ask for research costs and they dont want to award that, it doesn't effect the over all ruling right? its judged independently

DoaM

It won't affect the ruling ... costs are considered after the judge has ruled on the claim. (So make sure you have a good schedule of costs with you on the day).