Court Claim Form - Advice on how best to proceed - interesting situation!

Loadsofchildren123

You could also add in a DPA counterclaim if you have one

Acidmonkey

Loadsofchildren123 wrote: »

I think something along these lines. The court will forgive you if it is not perfectly set out. You may consider a trespass counterclaim against the Claimant as well as against the MA/MC.
I hope this hasn't untypeset itself. I can see it's taken out the paragraph numbering, but you can put this in.


IN THE [ ] COUNTY COURTCLAIM NO: [ ]
B E T W E E N:-

[ ]

Claimant

and

[ ]

Defendant

[ ]

Second Defendant

______________________________________________________________

DEFENCE AND COUNTERCLAIM

_____________________________________________________________



DEFENCE

• [Defence: paragraphs of Claim which you admit, which you put C to full proof of, and which you deny and why]
  
  PART 20 COUNTERCLAIM
• [The Defendant repeats paragraphs X to X inclusive above herein – these are whatever you deny and your case].
• Set out your rights under your lease/tenancy [The Defendant purchased the leasehold tenure of [address] on [date] OR The D entered into an assured shorthold tenancy with the owner of the leasehold title of [address] on [date], the terms of which included [set out relevant terms on parking].

• The Second Defendant [MA/MC] has interfered with those rights by contracting with the Claimant to manage the parking. The [lease/tenancy] does not permit the Second Defendant to impose any change on the Defendant to the terms of his [lease/tenancy], such as the requirement to display a permit and the right to charge the Defendant for any failure to do so, and the Defendant has not accepted any such changes.

• Set out particulars of the breaches of your rights.

• The Second Defendant is responsible for the acts of the Claimant, having contracted with it on [date] to manage the parking at [address] and grating it the right to [issue pcns etc].

• [consider a counterclaim against the Claimant: you could apply for an injunction to prohibit it from issuing further pcns to any car parked in the parking space to which you have rights and damages for trespass?] eg the Claimant has interfered with the Defendant’s rights to park contained in his leasehold title/AST by entering on that space without authority to issue his vehicle with a penalty charge notice, thereby committing an act of trespass, causing the Defendant financial loss and distress.

• In the circumstances, the Claimant seeks the following:

• 1. From the Claimant [an injunction prohibiting it from…… together with damages for trespasss in the sum of £…..]
  2. From the Second Defendant damages in respect of loss he has suffered in defending the claim brought by the Claimant, including damages for distress.
     
     AND the Defendant claims:-

• An order that the Claimant be prohibited from entering on the land comprised in the Defendant’s parking space for any purpose
• An order that the Claimant pay damages to compensate him for the Claimant’s trespass
• Damages as against the Second Defendant for losses the Defendant has suffered as a result of the Claimant’s actions and this claim
• Such further or other relief as the court may consider appropriate.
• An order that the Claimant and the Second Defendant do pay the costs of this application.
  
  DATED THIS [ ]th DAY OF [ ] 2017
  
  Statement of Truth
  
  I believe that the facts stated in this Defence and Counterclaim are true.
  
  
  Signed …………………………………
  Defendant
  
  Address for receiving documents
  [ ]

]

Thank you - this is great guidance. so just to clarify, UKCPM are the Claimant, I am the Defendant, and the MA are the 2nd Defendants, throughout the defence and counterclaim/part 20?

So in the Part 20 which I am adding separately to my defence and counterlclaim, I, the defendant seeks the following from the Second Defendant. Am I making sense? Or do I become the claimant in the section 20?

Loadsofchildren123

You always describe yourself as Defendant or 1st Defendant (even though, yes, you are technically the Claimant in the counterclaim).
MA is always 2nd Defendant (ie Defendant to the counterclaim)
UKCPM is always Claimant (even though technically a Defendant to the counterclaim)


Any counterclaim, whether it's against UKCPM or MA, goes under the Part 20 Counterclaim heading. Deal first with the counterclaim against the Claimant and then against the 2nd Defendant.


End with what you are seeking against each of them.

Acidmonkey

Just to update, I have now received a "Notice of Proposed Allocation to the Small Claims Track"

It reads as follows:

"TAKE NOTICE THAT:

1. This is now a defended claim.
A copy of the defence has already been sent to you by the defendant.

2. It appears that this case is suitable for allocation to the small claims track.
If you believe that this track is not the appropriate track for this claim, you must complete box C1 on the Small Claims Directions Questionnaire (Form N180) and explain why.

3. You must by the xx/xx/17 complete the Small Claims Directions Questionnaire (Form N180) and file it with the court office, and serve copies on all other parties. "

Point 1 above - is that referring to the defence that I submitted to the court? As I have not received anything from any of the other parties.

I've got to fill out the N180 form, is the small claims track where I want this to be, and is there anything I should know before filling the form out?

If I'm using a WS from my wife, would this count as a witness that needs to be included in the D4 section?

Also must I send the Form N180 to the other parties?

Coupon-mad

Point 1 above - is that referring to the defence that I submitted to the court?

Yes.

I've got to fill out the N180 form, is the small claims track where I want this to be, and is there anything I should know before filling the form out?

Yes, read bargepole's summary of the paperwork & how to complete it.

If I'm using a WS from my wife, would this count as a witness that needs to be included in the D4 section?

Yes, so you will provide two WS (yours and hers) in due course.

Also must I send the Form N180 to the other parties?

Yes, to their solicitor. But this is already covered by bargepole in his post linked in the NEWBIES thread post #2.

Acidmonkey

Coupon-mad wrote: »

Yes.


Yes, read bargepole's summary of the paperwork & how to complete it.

Yes, so you will provide two WS (yours and hers) in due course.

Yes, to their solicitor. But this is already covered by bargepole in his post linked in the NEWBIES thread post #2.

Loadsofchildren123 wrote: »

You always describe yourself as Defendant or 1st Defendant (even though, yes, you are technically the Claimant in the counterclaim).
MA is always 2nd Defendant (ie Defendant to the counterclaim)
UKCPM is always Claimant (even though technically a Defendant to the counterclaim)


Any counterclaim, whether it's against UKCPM or MA, goes under the Part 20 Counterclaim heading. Deal first with the counterclaim against the Claimant and then against the 2nd Defendant.


End with what you are seeking against each of them.

Hi all, some good news!

Gladstone's never bothered to reply with their directions questionnaire in time, and so be default the case has been struck out - bit of a weird one really!

I'm just waiting to see what happens once the case goes before a judge, and to see if the judge will award anything in my favour.

I'll keep you posted of any developments, and thanks again for all the help!

Coupon-mad

Have you paid for the counter-claim? You need to be sure the CCBC has realised there is a live Counter-claim to go forward, so I would ring them and ask if the Order only mentions the Claimant's claim being struck out.

Acidmonkey

Coupon-mad wrote: »

Have you paid for the counter-claim? You need to be sure the CCBC has realised there is a live Counter-claim to go forward, so I would ring them and ask if the Order only mentions the Claimant's claim being struck out.

I have paid for the counterclaim and a part20 to add the property management company to my counterclaim..

I spoke to the court who said that it will go before a judge who will decide what to award in my counterclaim.

Although from my phone-calls, whoever is manning the phones at the county court, seems to be a geriatric that doesn't seem to know his left from his right. I'll call again tomorrow just to be sure.

safarmuk

I spoke to the court who said that it will go before a judge who will decide what to award in my counterclaim.

Very interested in the outcome of this one as it is the first time I have seen a counter claim against an MA. When is the court date?

Acidmonkey

safarmuk wrote: »

Very interested in the outcome of this one as it is the first time I have seen a counter claim against an MA. When is the court date?

Coupon-mad wrote: »

Have you paid for the counter-claim? You need to be sure the CCBC has realised there is a live Counter-claim to go forward, so I would ring them and ask if the Order only mentions the Claimant's claim being struck out.

Apologies for not replying sooner - have been away on holiday!

CouponMad, you are correct, I did call the court on the 18th May, and they mentioned it just got struck out as they didn't notice there was a live counter-claim. I was rather annoyed because they had confirmed receipt, and the counterclaim was part of my defence :mad:

I asked the clerk to pull the file whilst I was on the phone and lo and behold, the counter-claim and part 20 were both present... The clerk said that this would have to go back up to the judge, but did not specify a date.

I've just received a letter, that as a result of an order made on the 24th May 2017 the claim has been transferred to another Country Court that is not my local Court.

What does this mean, and what happens next?