Summons to Court and Time is Running Out!

Coupon-mad

Jasch wrote: »

Right. My ignorance of all this notwithstanding, will a defence involve me going to court and having a tete a tete with their Gladstones legal representation?

Thanks,

Charlie

Yes Charlie, but we see some 99% of Defendants here report a win. And they enjoy it!

Make sure you have done the AOS and that MCOL updates to show that, then you have a couple more weeks, as already advised, to submit a defence.

Lots of defence examples are linked in the NEWBIES thread, including residential ones by Johnersh and bargepole. But AOS first!

KeithP

Jasch wrote: »

The date of issue is 19th September 2018.

With a Claim Issue Date of 19th September, you have until Monday 8th October to do the Acknowledgement of Service, but there is nothing to be gained by delaying it. To do the AoS, follow the guidance offered in a Dropbox link from post #2 of the NEWBIES FAQ sticky thread.

Having done the AoS, you then have until 4pm on Monday 22nd October 2018 to file your Defence.

That's nearly three weeks away. Plenty of time to hone your Defence to perfection.


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

1) Print your Defence.
2) Sign it and date 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'.
6) Log into MCOL after a few days to see if the Claim is marked "defended". If not chase the CCBC until it is.
7) Wait for your Directions Questionnaire and then re-read post #2 of the NEWBIES thread to find out exactly what to do with it.

Jasch

Bless you all. I'm resisting my natural impulse to roll over and accept the wheels of bureaucracy grinding over me... But you guys are quite inspirational!

A confession: never done anything remotely like this before and despite my best efforts I cannot find a thread that walks through the process start to finish and what is required when - can I be profligate with your patience and ask if anyone knows of such a post?

And should I write an appeal to Link before hand, to see if they will drop it if I point out that I own the plot of land according to the land registry and the lease? Or would this be fruitless?

Redx

yes, in the NEWBIES FAQ sticky thread, 3rd thread down from the top of this forum, read post #2 , that deals with court cases

one of the links goes to a post by member BARGEPOLE that he posted 2 years ago, it tells you all those details in simple terms

and LOC123 also has her post linked too, with valuable advice

too late for any appeal, that ship sailed long ago

forget any thoughts on what you think you can do like appealing, just do what you are told on here, by the regulars

do the AOS, after reading the walkthrough by BARGEPOLE, including how to do it online

confirm its been done online, also maybe drop a free SAR on Link Parking, plus start drafting your defence, by concentrating on the NEWBIES FAQ sticky thread , post #2 (its clear you havent read it or digested it yet)

most people are new to this, so you are no different , you wouldnt be asking questions if you knew about it

Coupon-mad

I'm resisting my natural impulse to roll over and accept the wheels of bureaucracy

It's a scam, not bureaucracy. Nothing official, not any kind of authority. Just a scumbag money-grabbing parking firm who should not be anywhere NEAR your home and vehicle.

See bargepole's 'what happens when' post linked in the NEWBIES post #2. You will soon be up to speed and well prepped when you've read that.

The_Deep

This is almost certainly interference with your leasehold right to "quiet enjoyment". Possibly an offence under |The Landlord and tenants Acts.

Play your cards right and you could make them pay dearly for their temerity, trespass, breach of your data, harassment, unreasonable behaviour, but you will need to get a handle on the situation. It is not rocket science, but neither is it painting by number. Read these

http://www.consumeractiongroup.co.uk/forum/showthread.php?377246-UKPC-liable-for-trespass-**SUCCESS**

http://parking-prankster.blogspot.com/2016/11/residential-parking.html

This is an entirely unregulated industry which is scamming the public with inflated claims for minor breaches of contracts for alleged parking offences, aided and abetted by a handful of low-rent solicitors.

Parking Eye, CPM, Smart, and another company have already been named and shamed, as has Gladstones Solicitors, and BW Legal, (these two law firms take hundreds of these cases to court each year). They lose most of them, and have been reported to the regulatory authority by an M.P.
for unprofessional conduct

Hospital car parks and residential complex tickets have been especially mentioned.

The problem has become so rampant that MPs have agreed to enact a Bill to regulate these scammers. Watch the video of the Second Reading in the House of Commons recently

http://parliamentlive.tv/event/index/2f0384f2-eba5-4fff-ab07-cf24b6a22918?in=12:49:41 recently.

and complain in the most robust terms to your MP. With a fair wind they will be out of business by Christmas.

Jasch

Thank you - having read Bargepole's summary, I have a much clearer idea of the timeline. On the subject of LOC123 post, she emphasises the need to elucidate on each aspect of the defence.

At this stage, what would be the best plan of action - look through posts to do with residential parking? Currently my defence starts and ends with documentation listing the parking space as my property (ergo Primacy of Contract) and a lack of permits being required in my lease (i.e. mo reference to parking outside of discussion of visitor parking spaces). Would a defence normally consist of just two angles?

Thanks

Coupon-mad

Would a defence normally consist of just two angles?

Not usually, no, so have a look at the residential defences written by Johnersh (a solicitor) and bargepole (GCilex - equivalent to a law masters degree).

Your defence doesn't include any evidence or documents, that comes later.

Redx

read the Johnnersh typical residential defence like post #12 above told you to do, and the recent ones adapted and honed by BARGEPOLE as welll

READ the replies, people wont be happy at repeating their valuable information, take it steady , no rushing


the WS and evidence stage comes a few weeks before the court date

Jasch

AOS completed, battle has begun, and I am planning on drafting a SAR to send to Link today. And what a magnificent day it will be!