County court claim for SIP ticket

nosferatu1001

No, that's not corrrect. It's obviously defendant there. The claimant cannot be prejudiced by their own poor PoC, only you can be.

ld123

Ahh I see thank you - I will change that!

Any further comments please let me know

Coupon-mad

That question has already been answered.

Your rental of the space is your contract:

Coupon-mad wrote: »

The arrangement for paying that fee for parking is your 'contract' and give the drivers of this vehicle, (hopefully) unfettered rights that cannot be varied or revoked.

So you won't be saying it is 'your space' but you will be saying that you have primacy of contract, a paid-for prior agreement that does not include any £100 'risk'. And you'd be saying that 'a grantor cannot derogate from his grant'.

ld123

Ok thanks - my second question was more whether I should be mentioning residents rights etc.

I guess I'll send this off and hope for the best now - thank you all for your help!

Just a question - will my case definitely go to court, or is there a chance this will just get thrown out before hand? I had previously been of the understanding that a lot of cases don't actually go to court - but on reading the information again this doesn't seem to be the case?

nosferatu1001

It's a lottery. Some they discontinue. Some are struck by the courts - but this is rare.

ld123

Hi

MCOL online only accepts a maximum of 122 lines for the defence, which is approximately 10% of my defence. Any advice on what to cut down or what to do? Really want to draw a line under this now and can't help but feel like I'd have been better to just pay up than spend hour after hour re writing drafts for this

Redx

save the final draft as a pdf

print it

sign and date it

scan it back to pdf (or possibly a word doc ?)

email it as an attachment to the CCBC , with reference number etc in the header and the body saysing SEE ATTACHED DEFENCE REF 123456789 etc

lamilad recently outlined the procedure in one of his posts, plus I think it is linked or mentioned in the NEWBIES FAQ sticky thread , post #2

Coupon-mad

ld123 wrote: »

Hi

MCOL online only accepts a maximum of 122 lines for the defence, which is approximately 10% of my defence. Any advice on what to cut down or what to do? Really want to draw a line under this now and can't help but feel like I'd have been better to just pay up than spend hour after hour re writing drafts for this

Everyone here emails their defence or posts it, and this is in the NEWBIES thread. Bargepole warns against MCOL chewing up the formatting of a defence, in a post linked there.

No-one here uses MCOL, except for acknowledgement stage. This is not an issue, why would it be, looking at our example defences, which are all pretty long? No-one restricts their defence to fit MCOL!

Just email it (signed & dated PDF scan) to the ccbcaq email address mentioned on loads of threads.

ld123

Hi all

Had a reply from Gstones - suggesting to deal with the case on papers and not an oral hearing. They have also suggested we can put forward a 'payment proposal'. I've read through the advice again - will be sending the questionnaire back refuting the claim on paper and requesting the oral hearing. But just wondering - what's the likelihood of actually going to court at this stage does anyone know? I would genuinely much rather pay a small fee to have the case over and done with (I know they are cowboys and don't deserve anything - but my time is worth more to me than worrying about that) rather than going to court.

Thanks

Coupon-mad

I would genuinely much rather pay a small fee to have the case over and done with

So would most people - the thought is quite scary and intimidating as well as a waste of a day - but seeing as that is not possible, you must defend. You are most likely to have to appear at a hearing, yes. The only other thing Gladstones are sometimes doing, is discontinuing much later on than this, just before a hearing (same week) in which case you can then claim costs by writing to the local Judge.

But yep, most go to a hearing and 99% of people coached here, win.