desperate help in preparing defence vs UK CPM LTD

lee_ca

* Did you acknowledge it on MCOL leaving the defence blank to give yourself the additional time?

I believe this was done, yes

If you can lay out the dates you are aware of and what has been done on the MCOL website to date by the Defendant, that would be helpful. My concern here is that Gladstones have filed a defence (and they are usually late or right on the limit) but you haven't filed a defence yet.
If you are a bit confused Bargepoles post in the Newbies thread details the MCOL process.

I have attached all the correspondence received so far in the following pdf:
hxxps://drive.google.com/file/d/0B4Jcy5dszERtd3dUT0JKeUZ6UDg/view?usp=sharing
I just had a discussion with the defendant family member and his hearing on 16th November so last submission date is 2nd November.
Sorry to sound silly, but I assumed that the witness statement the same as the defence that I am looking to prepare, is that right?
Unfortunately I'm still struggling a bit to start the defence as I am still not sure what angle to take yet.
Any help is appreciated.

logician

Umkomaas wrote: »

I’ve only skimmed over the thread, so this may have already been mentioned. Looking through their evidence pack, the Notice to Driver (NtD) windscreen ticket shows UKCPM being BPA AOS members (not the IPC).

.

lee_ca wrote: »

Many thanks.
So in forming a defence it seems the salient points would be:

I am not aware POPLA was offered but I would look into this further

Your relative/friend or whatever would not have been offered POPLA

UKCPM are members of the International Parking Community and have been since October 2015.

The evidence pack is riddled with points to tackle.

However as stated before you are at Witness Statement stage and Not at Defence.

We really need to see the Defence filed to see what can be played around with.

It is really difficult doing this by proxy and the Defendant should be encouraged to register and come onto the thread !

lee_ca

so what was submitted by Gladstone, was that the wtiness statement and not the defence? When would that be submitted and would I be privy to that?
Also the 14 day deadline is that for the witness statement, defence or both?
thanks

Coupon-mad

lee_ca wrote: »

so what was submitted by Gladstone, was that the wtiness statement and not the defence? When would that be submitted and would I be privy to that?
Also the 14 day deadline is that for the witness statement, defence or both?
thanks

You need to read the NEWBIES thread post #2 about what happens when.

Do not read replies from new posters who just joined this month, people who derail threads. Be aware of only taking advice from regulars not *new* posters.

logician

lee_ca wrote: »

so what was submitted by Gladstone, was that the wtiness statement and not the defence? When would that be submitted and would I be privy to that?
Also the 14 day deadline is that for the witness statement, defence or both?
thanks

That was the Claimant's witness statement.

You will need to ask the Defendant for the defence filed..

As said it is better if they come to the forum first hand.

safarmuk

Your last link live:
https://drive.google.com/file/d/0B4Jcy5dszERtd3dUT0JKeUZ6UDg/view
C-M, jonersh - the last page of this link shows his court papers.

@lee ca

As C-M said the newbies thread lays out the steps that you go through when defending a claim, for example, acknowledge service (leaving the defence blank to get extra days), DQs, Witness Statements etc.

Now the important thing to realise is that your WS is generally built on what you put in your defence.

Given the information you have told us (that your hearing is on the 16th of this month) it appears you are at WS stage, so to help we need to understand what you put in your defence.

Now if the above is true and you had not defended (not acknowledged, nor submitted a defence) it is likely you would have got a default judgement. So one of two options appears to be the case:
1) You did submit a defence which we need to see
2) You did not submit a defence in which case you got very lucky and still got to hearing - this basically means you have a free run at your WS.

You must find out for us which is the case. If you submitted a defence then we need to see it so posters here can help you build on it for your WS (which as you indicate above is due on Thursday, hardly any time).

In parallel I hope the email to your MP is done, dusted and sent. Then you can concentrate on this whilst you wait for a reply from your MP and what you need to concentrate on is:
1) Finding out what defence was submitted if at all
2) Starting to - as Jonersh suggests - pick apart UK CPMs documents and post your thoughts on here for review.

System

@Lee Ca

If anyone is helping you off board could you get them to drop me a line. There is an issue with [all] UKCPM paperwork that I'd like to check

lee_ca

Now if the above is true and you had not defended (not acknowledged, nor submitted a defence) it is likely you would have got a default judgement. So one of two options appears to be the case:
1) You did submit a defence which we need to see
2) You did not submit a defence in which case you got very lucky and still got to hearing - this basically means you have a free run at your WS.

It seem that it is the latter in that although he said he would defend in ful on the forml, there was no defence sent per se and following this a hearing date had been sent.

If anyone is helping you off board could you get them to drop me a line. There is an issue with [all] UKCPM paperwork that I'd like to check

no one helping off board, anything I can do to assist?

safarmuk

Now if the above is true and you had not defended (not acknowledged, nor submitted a defence) it is likely you would have got a default judgement. So one of two options appears to be the case:
1) You did submit a defence which we need to see
2) You did not submit a defence in which case you got very lucky and still got to hearing - this basically means you have a free run at your WS.
”It seem that it is the latter in that although he said he would defend in ful on the forml, there was no defence sent per se and following this a hearing date had been sent.

OK, it does seem like you got a free pass here somehow. It's not great as you haven't followed the process but as a Litigant in Person your relative may be able to get away with this.

But you must start forming your WS now and posting it here for review.

Also who is attending court? If you are going to represent your relative, you can do so as his Lay Rep. But if the Defendant uses a Lay Rep the Defendant MUST turn up in person as well.

You need to be very aware you are sailing very close to the wind here and potentially losing this by default of not providing any defence or WS.

lee_ca

OK, it does seem like you got a free pass here somehow. It's not great as you haven't followed the process but as a Litigant in Person your relative may be able to get away with this.

But you must start forming your WS now and posting it here for review.

Also who is attending court? If you are going to represent your relative, you can do so as his Lay Rep. But if the Defendant uses a Lay Rep the Defendant MUST turn up in person as well.

You need to be very aware you are sailing very close to the wind here and potentially losing this by default of not providing any defence or WS.

Completely agree with your here. Frustrating that the correct procedure was not followed and I myself was only told about this days ago and hence frantically posted on this forum!!!
I will not be attending court (work commitments). This relative has already lost by default once (as mentioned the PPC made 2 claims at the same time and it was assumed that all the letters were in reference to the same claim, hence due to being a non-responder to one of the claims he lost by default).