Help please - have i made a mistake?

Redx

Standupforyourself wrote: »

Yes, it went to POPLA as was rejected. Keeper actually wrote two letters of complaint to head of POPLA but to no avail (not that much was expected).

So edit post #257 and copy and paste that in , plus any additional or extra info like the issue date on the claim form etc , so that post #257 becomes a synopsis of where it's up to right now , which is what Umkomaas asked for , not spread out over multiple posts like it was previously

Sometimes the edit button is better than the quick reply button , because it's already half a dozen posts ago and climbing

Standupforyourself

post #257 now edited to include all info

KeithP

Standupforyourself wrote: »

Issue Date is 18th Dec

With a Claim Issue Date of 18th December, you have until Monday 6th January to file an Acknowledgment of Service. If possible, do not file an AoS before 24th 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 20th 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.

Standupforyourself

thanks so much for the advice. I will start putting the defence together over the weekend whilst i have time.

This morning the RK also received a letter from BW Legal entitled Notice of County Court Claim Issued. I assume this all standard. Says stuff like additional costs will be recovered in the event of a successful claim. Any truth in that?

Coupon-mad

You know they can't get extra costs if you turn up and defend - in fact you will know from reading CEC16's thread that you can strike out the £70 for starters!

Standupforyourself

no, exactly as I thought!

Standupforyourself

Hi Everyone. Hope you all had a great Christmas.

Keeper has submitted the AoS.

I would be most grateful if anyone can point me in the right direction of a suitable defence based on the Not Relevant Land argument. I have trawled through the forums and even read a good one about this very car park, but i cant find anyone who has challenged this point in court, as i feel it is the best argument. Of course, I will argue on other points too which i will pull from other examples.

thanks again

Redx

Read the UKPPO airport thread by Bountyhunter , that has 2 forms of challenge , not relevant land due to bylaws , plus defences for contractual claims

Post the link to the thread you found in your last post

Standupforyourself

Hey Redx

thanks for the response. But my case is not one that is affected by byelaws, is it? Or is it? I genuinely find this whole situation utterly confusing!

Ilframcombe Town council own the land so is the argument that they dont have the authority to either issue charges or get a PP to issue them on their behalf?

The issue of relevant land is completely above my level of intelligence clearly, as i just dont get it!

I appreciate all you guys and gals are not here to spoon feed but i feel I have come so far in this process that i dont want to let the keeper down as a result of me not understanding the particulars.

I DO understand about contesting over signage - which i believe this case could work as signage was inconsistent and did not clearly show the reason ANPR was being used.

I also think there is a case to be heard about grace periods, even though the transgression is for an alleged 31 minutes in total (for 4 hours of parking).

But any solid advice and direction on the subject of contract law, relevant land, byelaws etc would be so appreciated.

Coupon-mad

OK, read the Guidance to Section 56 of the POFA (Google it, and yes I meant to type 'Section 56' and NOT schedule 4 as it only became that later) as was published in 2012.

Use that because the guidance is easy to read and confirms what 'relevant land' is and is not, in a format that a Judge will understand as well.