Late for replying to Claim Form

Coupon-mad

I would give this a heading:

CHANGE OF ADDRESS - COURT AND CLAIMANT PLEASE UPDATE YOUR RECORDS
The Defendant no longer resides at the address used for service of the claim, and [STRIKE]that[/STRIKE] all future communications must be addressed to:

XXXXXX

The PCN was issued hastily. In breach of CoP guidelines

Don't use acronyms, until you have firstly written the thing in full, so this should be:

The Parking Charge Notice (PCN) was issued hastily, in breach of their Trade Body Code of Practice (CoP) guidelines

...then after that, you can use 'PCN' and CoP'.

I would remove these because this goes on about revenge claims(?) and it's not trespass:

9. No legitimate interest - this distinguishes this case from the Beavis case:
This Claimant files serial claims regarding sites where they have lost the contract, known as revenge claims and it believed this is one such case. This is not a legitimate reason to pursue a charge out of proportion with any loss or damages the true landowner could pursue.

10. The Beavis case confirmed the fact that, if it is a matter of trespass (not breach of any contract), a parking firm has no standing as a non-landowner to pursue even nominal damages.

DefiantNewbie

I updated the address part and put the explained then Acronyms.

do I understand correctly that I need to remove point 9 and 10?

aslo to be correct the CCBC email address is : ccbc@hmcts.gsi.gov.uk

KeithP

Yes, remove points 9. and 10.

The correct CCBC email address to send a Defence to is : ccbcaq@hmcts.gsi.gov.uk

DefiantNewbie

I will now print sign and send it . I will let you know how it progress

Thanks for your help!

Coupon-mad

OK good!

Get that emailed and then read the NEWBIES thread to be ready for the DQ and the fact that Gladstones will send a letter saying the matter is 'straightforward', urging for it to be heard on the papers.

Which you will disagree with! (search the forum for Gladstones straightforward papers).

DefiantNewbie

just fyi, I did not get auto-reply from the mailbox: ccbcaq@hmcts.gsi.gov.uk , is that normal ?

Coupon-mad

Ring the CCBC tomorrow and check that the email was received and ask them to please urgently update MCOL such that the defence has been lodged, as time is of the essence.

DefiantNewbie

I have called them today and they have confirmed for me that my defence has been filed and my address and MCOL got updated, the case will proceed to a judge. fingers crossed so far! Coupon-Mad i will research and read on the Gladstones straightforward papers next

I really appreciate the help I have received on this forum, special thanks to Coupon-mad , RedX, KeithP and others!

DefiantNewbie

hi again!

Since last time I got one letter from Gladstone saying they want it to considered on paper and asking me to agree then I get one letter from County Court Business Centre "Notice of Proposed Allocation to the Small Claims Track" from reading around I ignored Gladstone's letter. I am reading on answering court one (I will get back if I have questions), only thing is I have to send it back by 14th. I will work on it tonight,

nosferatu1001

Back to reading post 2 of the newbies thread, and also writing the obvious covering letter stating you require a hearing in person because far from being simple, you will need to question their witness on X, Y, Z deficiencies.