PCM/Gladstones Court Defence - Own Parking Space - Leaseholder

mr-robot_2

@nosferatu1001, should I include the application for for additional costs under CPR27.14(g)(2) in the counterclaim, or is that something that I should do in the witness statement?

mr-robot_2

I just found out that I can email my defense statement, which I would do as a pdf attachment. Would that be advisable? And if so would it be better to send it to their Claim responses & directions contact email address or their County Court Business Centre email address?

mr-robot_2

I have also tweaked 1.8:

1.8 The only justification that the claimant has provided in response to my denial of debt has been to attempt to misrepresent their legal standing in a threatening manner by:

a) Quoting Elliot vs Loake [1982] which is irrelevant to this case as I have neither admitted or denied that I was the vehicles driver.
b) Quoting the Parking Eye vs Bevis [2015] case which is also irrelevant to this case, as this is a residential parking space, that is in a gated underground car park accessible only via a remote that is only issued to residents. The parking is not public, not a commercial venue.

nosferatu1001

a) is terrible. They quote EvL to claim the Keeper can be presumed to be the driver, however the criminal case turned on irrefutable forensic evidence and the vehicle keepers testimony. Far from creating a presumption, it showed yet again that evidence is required.

Yes, EMAIL
HOWEVER you must must must print, SIGN and scan it. Otherwise it wiill not be accepted.

Additional costs etc is waaaaay later in the process. Skeleton Argument as obviously a Witness Statement is not the place for it - a WS is simply a statement of facts, not argumetn. 27.14... requires some arguing.

mr-robot_2

@nosferatu1001, thanks for the help. Regarding the counter claim, is that good as it stands? Although this is not a case about money, I want to make sure they can't get away with dropping this case, because I want the legal ruling to make sure that these people cannot operate on my property in the future.

The_Deep

I admire your tenacity OP as you have told them that your leasehold rights trump their nonsense. Have you considered adding misuse of your data to your counter claim?

mr-robot_2

@The Deep. I am don't think I can. Isn't that only if they acquire my details from the DVLA? I contacted them pretty much immediately because they defaced a vehicle that was parked perfectly legally on on my property. I assumed that they would do the reasonable thing, apologise to me and promise that it would never happen again. Naive maybe, but at the time I assumed that these people would act like professionals.

mr-robot_2

So thanks everyone for all the help! I am going to submit via email tomorrow. Since I need to pay the court fees, should I do that via MCOL, and write in the defense section that it was summit ed via email? Or should I pay the court fees over the phone? Also, I am assuming that the counter claim is okay now with just £150 in damages for trespass, for tortious interference with the quiet enjoyment of my property and £150 in damages for distress and harassment, as a result of the claimants continued persistence in perusing the matter to this stage.

mr-robot_2

I received a copy of Gladstone's Directions Questionnaire, no surprise it has a N180 special direction request, I logged into the MCOL system but there was no dirrection questionaire of my own to complete. Will I be sent the documents by post from the court?

[Deleted User]

Should do. But if not, just download the form online, they're all free. The last date for filing will be the same.