GLADSTONES PARKING CHARGE AT WORK. Incorrectly filed defence. Can you re-send a different defence?

waamo

GiaPetite wrote: »

He is at work now so I'm not sure if he can. Will it definitely go against him if he can't or sends it late? Will they not take it into consideration instead? The post could be there by now?

Yes it will go against him and no they won't take stupidity into consideration.

The fact he is at work isn't insurmountable. Nor is it the courts problem, your problem or our problem.

Coupon-mad

He will otherwise have to try to rescue it at Witness Statement and evidence stage, which has been done here more than once, to rescue a bad defence.

GiaPetite

Hopefully he can turn it around there, and we can include some info that would have otherwise been in the defence into the witness statement? Hopefully he can still win.

waamo

GiaPetite wrote: »

Hopefully he can turn it around there, and we can include some info that would have otherwise been in the defence into the witness statement? Hopefully he can still win.

Are you implying he didn't get it there in time?

GiaPetite

Yes that's right waamo.

waamo

It's probably worth seeing the defence he has sent. It's difficult to say if this can be rescued without seeing it.

nosferatu1001

Indeed, bearing in mind you cannot add new arguments, formally, without paying a £255 application fee, it woul dbe helpful to see it.

Loadsofchildren123

Firstly, please read my Admiral thread, which was an employee car park.


It's really very important to know what the terms of his parking were and who his contract to park is with. In the Admiral case, employee applies for a space and is given one. She goes to HR and signs a document agreeing to a monthly salary sacrifice in payment and for parking rights in return. And she provides her reg number. THAT is the contract. Between her and Admiral.
After she signs it, she's given a permit. The permit is in the colours of Excel (think it was Excel). With the permit are some T&Cs about displaying it. However, these DO NOT form part of the contract, because that's already been agreed between her and Admiral. Excel have no right to impose new T&Cs on her.
Signage in the carpark was in VCS's name (I think) and imposed yet further conditions/t&cs - AGAIN these do not form part of the contract.
A third party PPC has no right to impose new contractual terms to a pre-existing contract.


This is the defence.
I drafted a defence in that case which should be linked on the thread, with these contractual arguments clearly made out.


Now for the problem with the defence. Do what other posters advise. However, this may not work. So I think when you send it in, send it with this covering letter:
Dear Sirs


I enclose my Defence to Claim number xxxxxx.


Yesterday I sent in my Acknowledgment of Service Form. I did not understand that if I put anything in the Defence box I would not be able to expand upon it in a proper full Defence. However, given the bank holiday you will receive this Defence first, so please treat this Defence as the defence I wish to rely upon.


Then just serve the Defence on the parking co (I know you don't have to, just do it). "Dear Sirs, I enclose by way of service upon you my Defence. The Acknowledgment of Service has been filed at court"


IF (unlikely) a point is taken on this, and the Defence in the AoS is treated as the only defence, you will have to ask the court to give you permission to amend the defence, and to treat your separate Defence as the amended one. Hopefully nobody will really notice. If it becomes an issue, that could be at an early stage, in which case you write in as follows:
Dear Sirs
Claim number xxx
I am a litigant in person. Not being familiar with the court rules, and not understanding the leaflet, I put only a partial defence in my Acknowledgement of Service form. I realised my error before the Acknowledgement reached the court by post, and immediately drafted a proper defence which I filed by email.
A point is now being taken about whether I can rely on the separate Defence.
The court has inherent case management powers, and I would ask that it exercises these in my case and gives me permission to rely on the separate defence as an Amended Defence.
I confirm that separate defence was served on the Claimant on x date, the same date it was filed at court.
Yours faithfully


If it becomes an issue at a late stage (eg at the final hearing) you just ask the judge to make an order then and there giving you permission. You explain that the separate defence was sent by you to the court before the AoS reached them (because it was sent by email and the AoS by post on a bank holiday weekend), and that the separate defence was sent to the Claimant on the same date, so the Claimant has suffered no disadvantage or prejudice whatsoever. Ask for some consideration as a litigant in person with no court experience.


I served an Amended Defence in my Millenium case, but never formally sought permission to rely on it and Gladstones/Millenium never objected. If it had gone to a hearing I would have asked permission then and there if a point had been taken.

Loadsofchildren123

If the AoS was filed early, the other alternative is to phone the court NOW and explain that you sent in the wrong one, ask them to destroy it and send in another (you can print one off online). Make sure the new one is sent in ASAP, with a covering email explaining that the court has agreed to disregard your earlier one sent in error, and this is the one you want to rely on.


Complete the new AoS properly with nothing in the defence box. then you have 28 days to get a proper defence ready