Parking CCJ set aside defence

Coupon-mad

Structure of defences is shown (right down to font size/type, and headings) in the NEWBIES thread. Copy the format.

RETR079

My arguments are
No valid service. done
Poor signage. done
NTK fails compliance with POFA. done
No contract due to prohibitive ambiguous sign...needs work
I have other options of driver identy and
how vulnerable defendant with mental health issues impacts on her ability to cope with the actions of the claimant
I am also concidering damages in light of the evidence I am gathering.
Can I ask for an extension to prepare my case further? due next week.
I haven't asked for claimants evidence yet.

Coupon-mad

My last letter received said: Judgement is set aside conditional on filing a defense.

You must comply with those Directions and deadline.

NB: I expect it said 'defence' (not 's' - presumably American auto-correct typo).

RETR079

Skeleton argument on behalf of defendant x
Claim No. x
Link Parking Ltd
1. Introduction
This is a defence on the claimant. x requests that the judgement is set aside and the case dismissed based on the following
2. No Service was made. Link parking had no legal entitlement to ask the county court for a judgement as they made no service to the address where Libby Woolacott lives.

3. Poor Signage. Due to the lack of adequate, sufficiently prominent, clearly visible, reasonable signage in the area. The claimant failed to bring to the attention of the driver the terms and conditions of contract to enable the driver chance to read the terms and conditions before deciding to enter into the ‘parking contract’.

4. Notice to Keeper is not compliant with requirements of POFA 2012 due to the omission of specified period of parking. Therefor Link Parking have no right to recover any charge from the keeper.

5. Conclusion. Link Parking have failed to meet their industries code of practice. Breached the requirements of POFA and pursued x at the wrong address to the point of reaching a default judgement. This has brought an unnecessary level of stress to x and x family and wasted the time of all parties dragged into this flawed claim.

RETR079

Notice of Proposed Allocation to the small claims track. and Directions questionnaire.
Just received after defence served to court and claimant.
I really don't want to drag my daughter to court. Her mental health issues will probably prevent her from attending.
I have read barge poles newbie advice but think perhaps mediation will be less stressful for my daughter?
Thank you in advance all for your advice. You are all saints!

nosferatu1001

Mediation is unlikely to help unless you can offer a reasonable amount.

Have you made the court aware? They can make allowances.

RETR079

I am keeping that option in mind. We have good evidence to support ill mental health as she has been receiving support for 10 years.

Coupon-mad

Just because the DQ has arrived doesn't mean a hearing is inevitable.

Mediation is totally pointless, even given what you've told us. It's stressful, pushy and she'd cave in.

nosferatu1001

RETR079 wrote: »

I am keeping that option in mind. We have good evidence to support ill mental health as she has been receiving support for 10 years.

Dont "keep it in mind"

Contact the court, today. Get their advice as they may be willing to have you do all the speaking, or have her come in another day to verify identity and then you go in for any hearing - IF one happens! - and so on.
Dont sit on your hands, you have to, for the moment, assume a hearing will go ahead.

[Deleted User]

We have good evidence to support ill mental health as she has been receiving support for 10 years.

If the health issues are a significant and real problem, then it should be addressed early and formally. Helping from the sidelines may be harder for you and the Defendant than getting yourself appointed formally as the Defendant's representative.

The ideal would be to get a "to whom it may concern" letter from an approved mental health professional that the Defendant would struggle to conduct the defence of court proceedings or the stress of them without detriment to her mental health (or similar) setting out reasons.

The point is that the Defendant currently has capacity to make decisions in everyday life, but does not have capacity to manage the litigation or to represent herself adequately in Court. Capacity is decision specific, so that is a perfectly feasible proposition.

That will provide the evidence to allow you to ask the Court to be appointed Litigation Friend, from where you can run it on her behalf. You will need to complete a Certificate of Suitability and complete the declaration - https://formfinder.hmctsformfinder.justice.gov.uk/n235-eng.pdf That form makes you responsible for the payment of any adverse Court judgment made in the future, but it is subject to a set off (i.e. you get to claim back those costs from the Defendant herself). You can staple the medical opinion/letter to the back and send it to Court and to the Claimant. The copy sent to the Court should also include this form https://formfinder.hmctsformfinder.justice.gov.uk/n215-eng.pdf which is a declaration demonstrating to the Court that it has been properly sent.

That will, I hope make the passage of the litigation rather smoother - for everybody.

Final Note: There is a difference between being less able or impaired in representing oneself and having an incapacity that qualifies under the Mental Capacity Act, so this is not a suitable course for most, but it may be of relevance in your case.