Heath Parade NW9 again. NTK received. Ignore or appeal?

keekstuff

I have a week left before filing deadline. Whilst I am aware of basic things (don't use their boxes) I will read into MSE forum established best practices today.

FYI for newbies - hit Coupon-mad's epic newbie post #2:
Here is a walk-through the process from defence onwards (i.e. AFTER acknowledgement of service) by Loadsofchildren123:

https://forums.moneysavingexpert.com/discussion/comment/72244727#Comment_72244727

nosferatu1001

Get your defence worked on, remember you have ONE CHANCE to get this right

Ensure you know exactly how to do the filing. Best is to EMAIL it, yo uwill want to
- sign your name on a WHITE sheet of paper
- take a photo and cut out just your sig
- append the now digital sig to the bottom of your Defence, convert to PDF, and email.

keekstuff

I put up the defence in post #16 with three main points:

1. The signage does not offer a contract with the motorist
2. Insufficient Grace Period and Predatory Tactics
3. The Claimant has no standing to bring a case

hxxps://forums.moneysavingexpert.com/showthread.php?t=5664076#16

One thing I'm slightly uneasy about is, since I want to deny a contract existed, giving them room for interpretation (bold blow) to admit guilt; main point is that signs were illegible.

1.5 In the alternative, if it was held that the signage was contractually valid, it would be impossible for a motorist to have read the terms and conditions contained therein from a moving or stopped vehicle, and if the vehicle is stopped, the 'contravention' according to the Claimant is already committed.

Le_Kirk

Here is your link made live: -

https://forums.moneysavingexpert.com/discussion/5664076/heath-parade-nw9-again-ntk-received-ignore-or-appeal#16

Coupon-mad

You could change the words to suit, of course:

1.5 In the alternative, even if signs were there, the terms were not 'there to be seen'. It would be impossible...

keekstuff

Thanks Coupon-mad and others so far.

I am submitting my defense mostly as is.
- Changed Defence Statement to "Defence" (Top and closing statement)
- Changed 1.5 to "In the alternative, even if the signs were not forbidding in nature" (just so I don't lazily copy -- thanks for the extra confidence)
- I double checked there's an avenue to obtain any evidence I am alluding to

If it comes to court, I will act as a lay representative to the registered keeper, but he/she will sign and date the defence.

Next is to is follow KeithP's step by step for submitting defence:
hxxps://forums.moneysavingexpert.com/showthread.php?t=5881336&highlight=submit+defence+mcol#7

1) Print the Defence.
2) Sign it and date it.
3) Scan the signed document back in and save it as a pdf.
4) Send that pdf as an email attachment to CCBCAQ@Justice.gov.uk
5) Just put the claim number and the word Defence in the email title, and in the body of the email something like 'Please find my Defence attached'.
6) Log into MCOL after a few days to see if the Claim is marked "defended". If not, you son should chase the CCBC until it is.
7) Wait for the Directions Questionnaire and come back here.

keekstuff

Have this 11th hour question: Because we did not respond to the letter before claim (I think because it was a Gladstones one, not PCM (UK) one), the avenue for referencing Practice Direction is closed? Maybe I misunderstood.

I have only been using references to the IPC code of practice (e.g. landowner authority). Yes it's the cartel's own code, which PMC (UK) are not following, but would like to leverage any recognised protocols.

KeithP

Don't lose sight of the second date in post #11.

There is no need to post broken links any more. You have been here long enough to post live links.

Coupon-mad

Have this 11th hour question: Because we did not respond to the letter before claim (I think because it was a Gladstones one, not PCM (UK) one), the avenue for referencing Practice Direction is closed? Maybe I misunderstood.

Well if Gladys didn't abode by it you can mention it, because more is expected of a firm of solicitors than a lay person.

keekstuff

Signed and scanned Defence submitted earlier today via e-mail to CCBCAQ@Justice.gov.uk and received a "Thank you for emailing the County Court Business Centre (CCBC)... " response. I understand this isn't quite the end of ensuring my defence is submitted.

Although the directory here lists the above e-mail, the response I got seems to indicate another, but both directed at CCBCAQ.

I'll give them a call first thing in the morning to check. MCOL status is still at AOS.

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IMPORTANT

You will need to send any ‘claim response’ which includes the acknowledgment of service, part admission or defence/counterclaim forms as well as directions questionnaires (DQs) directly to ccbcaq@hmcts.gsi.gov.uk to ensure that they are filed correctly. Your email has not been forwarded.

N244 and N245 applications should be sent to ccbcfees@hmcts.gsi.gov.uk
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