UKCPM - All appeals must be done by postal?

iWindmill

Coupon-mad wrote: »

OK, the best threads to read for recent examples of UKCPM defences are those found when you search for posts including Jack Chapman signature.

That will also show you their WS that they use, and what's wrong with it, putting you ahead of the game.

Will look into this - am I supposed to be drafting WS or defence? Or are they both the same?

KeithP wrote: »

What is the Issue Date on your County Court Claim Form?

Hi Keith - 09/12/2019

Umkomaas

You're at Defence stage only. The WS comes much later in the process, usually a couple of weeks before any hearing date - well into 2020 - but no harm in doing some advance reading of other WSs.

KeithP

iWindmill wrote: »

KeithP wrote: »

What is the Issue Date on your County Court Claim Form?

Hi Keith - 09/12/2019

With a Claim Issue Date of 9th December, and having filed an Acknowledgment of Service, you have until 4pm on Friday 10th January 2020 to file your Defence.

That's over four weeks away. Plenty of time to produce a Defence, but please don't leave it to the last minute.


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

Print your Defence.
1. Sign it and date it.
   
2. Scan the signed document back in and save it as a pdf.
   
3. Send that pdf as an email attachment to CCBCAQ@Justice.gov.uk
   
4. 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'.
   
5. No need to do anything on MCOL, but do check it after a few days to see if the Claim is marked "defence received". If not, chase the CCBC until it is.
   
6. Do not be surprised to receive an early copy of the Claimant's Directions Questionnaire, they are trying to keep you under pressure. Just file it.
   
7. Wait for your DQ from the CCBC, or download one from the internet, and then re-read post #2 of the NEWBIES FAQ sticky thread to find out exactly what to do with it.

iWindmill

KeithP wrote: »

With a Claim Issue Date of 9th December, you have until Monday 30th December to file an Acknowledgment of Service. If possible, do not file an AoS before 15th December, but otherwise there is nothing to be gained by delaying it. To file an AoS, follow the guidance offered in a Dropbox file linked from post #2 of the NEWBIES FAQ sticky thread. About ten minutes work - no thinking required.

Having filed an AoS, you have until 4pm on Monday 13th January 2020 to file your Defence.

That's over four weeks away. Plenty of time to produce a Defence, but please don't leave it to the last minute.


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

Print your Defence.
1. Sign it and date it.
   
2. Scan the signed document back in and save it as a pdf.
   
3. Send that pdf as an email attachment to CCBCAQ@Justice.gov.uk
   
4. 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'.
   
5. No need to do anything on MCOL, but do check it after a few days to see if the Claim is marked "defence received". If not, chase the CCBC until it is.
   
6. Do not be surprised to receive an early copy of the Claimant's Directions Questionnaire, they are trying to keep you under pressure. Just file it.
   
7. Wait for your DQ from the CCBC, or download one from the internet, and then re-read post #2 of the NEWBIES FAQ sticky thread to find out exactly what to do with it.

I have already signed into MCOL and completed AoS.

Just working on defence right now. Will work on WS as well asap just to get it out of the way and will review it nearer the time.

KeithP

On what date did you file an AoS? Today or yesterday?

This affects your Defence filing target date.

iWindmill

KeithP wrote: »

On what date did you file an AoS? Today or yesterday?

This affects your Defence filing target date.

I completed it today.

KeithP

Then you have until 4pm on Friday 10th January 2020 to file your Defence.

I have adjusted my earlier post accordingly.

iWindmill

I have realised I've not received any comments or critique on my draft defence above.

Is it all okay? Thanks

beamerguy

11.3.2

You should make clear that the code of practice of both ATA's is for it's members only and as a motorist, just like the judge , is not a member, they are not applicable

I think it's fine

Coupon-mad

Edit your posts #37 and #41 to remove the admissions! Remove them.

And your defence is good except for a lack of facts, and you should admit to driving and maybe say you ''think this was a time when you were fetching the permit from the flat'' given that you were a visitor who always had to get the permit from the resident who authorised your parking. So for the Claimant's operative to lurk in the shadows at night and wait for a car to be left for the 2 or 3 minutes the photos show it there for, is not evidence that it was actually parked and left for a period of time with no permit displayed.

And mention that the Defendant's car was never 'unauthorised' and that the Claimant's employee had seen the permit on that car dozens of times and appears to have waited for an opportunity, as UKCPM are known to do, and take photos in a few minutes in the dark while the D's back was turned and you think you were just fetching the permit that night, as you didn't live there permanently and often came back late after a night out with your ex girlfriend, the resident, and could not arrive with her permit already in your car every time, as she needed it for other visitors too and it was hers to lend out to authorised drivers on a daily basis...

You need some facts in the defence near the start, and mention this:

I also thought this - my ex-partner who is a tenant in one of the flat, and I think being a tenant comes with a permit to park your vehicle in car park. I guess it is acceptable for visitors to park in the car park provided that the permit is displayed. So my ex-partner did give me permission to use her permit and park in one of the bays therefore I am a genuine visitor?

and this:

...try and contact my ex-partner and have her provide a witness statement explaining that she has given me permission to use the permit and park my vehicle on this date?