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Are they taking this as notice of ownership?

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  • D_P_Dance
    D_P_Dance Posts: 11,591 Forumite
    Part of the Furniture 10,000 Posts Name Dropper
    If would argue that it is.  
    You never know how far you can go until you go too far.
  • Le_Kirk
    Le_Kirk Posts: 24,640 Forumite
    Part of the Furniture 10,000 Posts Photogenic Name Dropper
    edited 24 March 2020 at 3:15PM
    There are no hearings , and won't be any, for months
    But I should still get my defence in right?
     I'm not sure a trip to the post office is classed as mandatory travel during the lock-down??
    D_P_Dance said:
    If would argue that it is.  
    It could be your daily exercise - and since you were passing the post office anyway!!!!!!  However, given the lock-down, how are the PO staff going to get to work?
  • nosferatu1001
    nosferatu1001 Posts: 12,961 Forumite
    10,000 Posts Third Anniversary Name Dropper
    Of course you comply with the courts directions. No ones said otherwise. 

    Defences are emailed. Why are you posting? Or are you using "defence" when you mean witness statement?
  • Right then, that's my defence emailed off. I'll let you know the outcome.

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  • Coupon-mad
    Coupon-mad Posts: 152,426 Forumite
    Part of the Furniture 10,000 Posts Name Dropper Photogenic
    That's fine, we know they are closed.  You'll have presumably seen the thread about it today.

    That's it for now, but you need to be ready for the next paperwork stages when the CCBC starts sending out Directions Questionnaires again.    This process will be slower than normal this year.

    And of course your WS & evidence stage pre-hearing later, unless the Judge strikes the case out.  remember the advice I gave you in 2017 about the wording of the sign in that bay offering no contract, and creating no obligation or charge:
    If that's your car, it isn't parked in the bay that has that PPS sign.
    That bay seems to say 'NO PARKING - privately owned bay' (I think) so there is no offer of paying £100 in that space. No contract, nothing about permits, no consideration flowing between the driver and PPS, just a prohibition on parking on a simple sign. Are you sure the landlord does not in fact OWN that space, or lease it, and so it shouldn't be ''policed'' by scum ex-clampers? Bays could differ.
    But that's all for a court hearing if the dispute goes to a claim. 

    I suggest (while the CCBC is closed) people now routinely forward a copy of the defence AND the appendices A, B and C, to the Claimant's solicitor (is it BW Legal?) and state that their client has no cause of action but given the CCBC is closed, here is a copy of the defence submitted to the CCBC in good time.    Add that, if they try for a Default Judgment, knowing the defence was filed in time, you will add that to the list of unreasonable conduct for which you will be seeking your full costs including (already) 15 hours spent so far in researching and preparing/reading court documents at £19 per hour LiP rate.

    Also add this that LoC (a solicitor) posted for you in 2018, put this in the email too EVEN THOUGH you already said it to PPS:
    I cannot be liable for any parking charge because:
    a) the driver complied with the terms and conditions set out on your signage (there is no definition on that signage as to what constitutes a "valid" permit)
    b) your signage did not apply to the bay in which the vehicle was actually parked (there was another sign in that bay, which read "........")


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    Home»Motoring»Parking Tickets Fines & Parking - read the NEWBIES THREAD
  • The defence has been received by the court and BW Legal have also been sent the defence (and acknowledged receipt). 
    As the courts are closed I guess it may be a while before the outcome is shared but I'll keep you posted.

    Thank you all so far for your support.
  • I'm sure this is common sense for most of you but I don't want to get this wrong and it to come back and bite me later...
    What information needs to go in here? Claim number I know but how about 'In the....' and 'completed by section'


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