Court pending after paying fine!

Coupon-mad

A Judge will be unlikely to even see it until nearer to/on the day of the hearing.

nosferatu1001

...unles syou pay for an applicaiton to strike the claim, costs £100
Not usually a good idea.

F1neF1ghter

Well I've done the acknowledgement of service, issue date was the 11th so I don't really know what to do now. I have all my docs in hand so what would be the next step for me?

Thank you all.

nosferatu1001

You have been told already
Nebwies thread
Post 2
READ IT

then

READ IT AGAIN

Then bookmark it and before ANY question, READ IT AGAIN to see if it answers it.

Hint: Defence. Given even the claim form tells you that, this should not be a shock.

F1neF1ghter

Thank you

I shall update this thread with my response for proof reading.

Cheers to all.

Coupon-mad

You need to show us your defence draft, unless you plan to lose by default.

Loadsofchildren123

You will do the usual defence points:
- no contract between driver and claimant, parking rights already existed between you and landlord (get landlord and/or agent to confirm in writing your tenancy comes with parking rights and what those rights are)
- in the alternative, if there was a contract, it wasn't breached because driver parked in a place where parking was permitted by the signage (ie not on yellows or in someone else's allocated space) and displayed a permit
- in the alternative, if there was a contract and driver breached it, the Claimant has already accepted £149 payment in full and final settlement of it. Further, by their own signage (ie the contract) they were not entitled to issue more than one pcn in a 24 hour period, so 2 of the 3 of the pcns are not enforceable).

Do you have a keeper defence? or have you already outed yourself as driver?

I have not checked POFA, but if you have a keeper's defence and didn't out yourself as driver, doesn't POFA have something in it about no more than 1 pcn in any 24 hour period is enforceable? I have this imprinted in my brain somewhere, but may be wrong. Other regulars may be able to answer that.
-

F1neF1ghter

Hi guys,

Thank you so much for all the amazing advice!

I have drafted my defence as follows:

The claim from UKCPM through Gladstones Solicitors clearly!
breaches both the requirements of the previously applicable!
Practice Direction - Pre-Action Conduct (paragraphs 6(a) and 6(c))!
and the new Pre-Action Protocol for Debt Claims (paragraphs!
3.1(a)-(d), 5.1 and 5.2.

My letter of 5th September 2016 requested information from UKCPM.!
To date I have not received a response to my questions!
specifically asking where I can and cannot park.

The letter from Gladstones Solicitors in the amount of £149 which!
was paid in full within 14 days as instructed with a receipt as!
proof of payment. It then states that by doing so I would !!!8220;thereby!
avoid the consideration of any future court action and any!
increase in the amount claimed.!!!8221; No date indicating the incident!
was specified anywhere on this correspondence.

UKCPM should not have issued proceedings without complying with!
that protocol. I reserve the right to draw any failure of the!
Claimant to comply with the protocol to the attention of the court!
and to ask the court to stay the claim.

My tenancy agreement does not include anything where to park or!
where not to park. I was handed two permits; one for me as a!
resident and the other for visitors which I have always displayed.!
All I was ever told was not to park on double yellow lines or!
designated parking bays. The letting agency, Haart Hornchurch was!
asked and confirmed the above.

I do not have answers to the following:
1. an explanation of the cause of action
2. whether they are pursuing me as driver or keeper
3. whether they are relying on the provisions of Schedule 4 of!
POFA 2012
4. what the details of the claim are (where it is claimed the car!
was parked, for how long, how the monies being claimed arose and!
have been calculated, what contractual breach (if any) is being!
claimed)
5. a copy of the contract with the landowner under which they!
assert authority to bring the claim
6. a copy of any alleged contract with the driver
7. a plan showing where any signs were displayed
8. details of the signs displayed (size of sign, size of font,!
height at which displayed)
9. If they have added anything on to the original charge, what!
that represents and how it has been calculated.

I am clearly entitled to this information under paragraphs 6(a)!
and 6(c) of the Practice Direction. I also need it in order to!
comply with my own obligations under paragraph 6(b).

I therefore invite the court to strike out the claim, due to no!
cause of action nor prospects of success.

The facts and information in this defence are true and the!
defendant is not liable for the sum claimed, nor any sum at all.

I must submit this by midnight! Hope it is OK.

Again MASSIVE thank you to you all.

Cheers.

Coupon-mad

That's not a defence - needs writing in the third person, like all the other UKCPM defences you see here. We have at least a dozen posted here since June.

Also there's a template residential defence in the NEWBIES thread, by Johnersh (a solicitor).

KeithP

F1neF1ghter wrote: »

I must submit this by midnight!

Why is that then?

On 19th June you told us the Issue Date on your Claim Form is 11th June and you have done the AoS.

Therefore you have until 4pm on Monday 16th July 2018 to file your Defence.

That's more than a week away.

Spend the next few days reading as many Defences as you can.
C-M has given you some direction on that.

When you are happy with the content, your Defence should be filed via email as described here:

1) print your Defence
2) sign it
3) scan the signed document back in and save it as a pdf.
4) send that pdf as an email attachment to CCBCAQ@Justice.gov.uk
5) just put the claim number and the word Defence in the email title, and in the body of the email something like 'Please find my Defence attached'.