Not actually staying, extenuating circumstances?

Josheep

Hi People,

After much reading I have done my best to formulate a very basic defence. I don't know whether extenuating circumstances are something that get considered in these matters but I feel strongly about it as an example of not being understanding of the challenges of mental health conditions and showing some thought for it.

Also as the driver was checking in the vehicle that was going to stay that their staff member was using not their own (as they were just paying for the bill and helping calm an agitated service user they support) they didn't consider checking their own car in as they weren't "checking in" at all.



I respect that there is a wealth of valuable information available, kindly uploaded to this site by the various contributors and that this defence may be "laughable" in the grand scheme of things but I'm struggling to achieve the many things I have to do in my role at work with the additional required degree level training I am meant to be completing with it, on top of the staff member that had a stroke and died (so the necessary support and hiring process we are going through) and the service user I took to hospital a few days ago who I have been visiting daily as they are non-verbal and have no support network so need a friendly face. And the teenage daughter at home who is lovely underneath the devil child ego that hasn't shed its skin just yet......... Apologies for the America's got talent sob story (I hate the heart string tugging thing) but I'm having a hard time finding the time to properly research and resolve this and if there were any not too scathing bits of advice I would be most appreciative.



[FONT=&quot]In The County Court[/FONT]

[FONT=&quot]Claim No: ########[/FONT]
[FONT=&quot]Between:[/FONT]
[FONT=&quot]Civil Enforcement Ltd (Claimant)[/FONT]
[FONT=&quot]-and-[/FONT]
[FONT=&quot]########### (Defendant)[/FONT]

[FONT=&quot]Defence[/FONT]


[FONT=&quot]1. The Defendant denies that the claimant is entitled to relief in the sum claimed, or at all.[/FONT]
[FONT=&quot]2. The facts are that due to the extreme weather/snow coverage that day making travel out of town dangerous they had to find accommodation for an individual with a disability (Autistic spectrum disorder) who before the weather came in was expecting to go away on holiday. The driver had followed them (the staff member and service user) over to the Hotel in another car to pay the bill and to make sure that they got settled in okay as they were the senior staff member and this was an unusual situation. On arrival they went into the lobby and the driver dealt with paying the bill and the hotel employee asked if they had any cars to check in? The driver gave the number plate of the business car as that was the only car that was staying (checking in) and the driver was only paying the bill not checking in themself or staying. The person being supported was becoming more agitated (which involves biting themselves and getting quite anxious and loud) in the lobby due to change of routine and so with the keys from reception the driver took the decision as the senior staff member to assist in calming him down and showing him the room. It didn’t take them long and soon he was calm, and the driver proceeded to leave the premises after less than half an hour of the car being on the premises. [/FONT]
[FONT=&quot]3. The signage does not state whether there is a minimum or maximum allocated time with which to deal with hotel business namely booking in, paying or taxi service drop off etc. It predominantly says: Customers/Guests must register for a permit at reception.
[/FONT]

[FONT=&quot]I believe the facts contained in this Defence Statement are true[/FONT]

KeithP

Have you received a Claim Form from the County Court Business Centre in Northampton?

What is the Issue Date on your Claim Form?

Josheep

Thanks KeithP

Yes I've received the county court business centre letter - it was the 21st Nov - I've done the acknowledgement of service bit to give me more time.

KeithP

Josheep wrote: »

Thanks KeithP

Yes I've received the county court business centre letter - it was the 21st Nov - I've done the acknowledgement of service bit to give me more time.

Did you do the AoS before 10th December?

I am sorry to say that in my opinion your Defence needs a lot more work on it.

Have you read the many example Defences linked from post #2 of the NEWBIES FAQ sticky thread? In particular those concise Defences written by Bargepole?


With a Claim Issue Date of 21st November, and having done the Acknowledgement of Service in a timely manner, you have until 4pm on Thursday 27th December 2018 to file your Defence. A few extra days due to Christmas court closing dates.

That's just two weeks away. Not long now to produce a Defence, but don't leave it to the very last minute.


When you are happy with the content, your Defence should 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. Log into MCOL after a few days to see if the Claim is marked "defended". If it is not, then chase the CCBC until it is.
   
6. Do not be surprised to receive a copy of the Claimant's Directions Questionnaire, they are just trying to put you under pressure.
   
7. Wait for your DQ from the CCBC, or download one from the internet, and then re-read post #2 of [URL="https://forums.moneysavingexpert.com/discussion/4816822NEWBIES FAQ sticky thread[/URL] to find out exactly what to do with it.

Redx

agreed


what you have written looks like a WS to me, not a defence (the WS may be needed nearer any court date)

as mentioned above, read the recent defences by BARGEPOLE, especially his concise defence, and use that as a basis for your own defence

any "story" should be left for the WS later on in a few months time

Josheep

Thanks Guys,


Yes I've read through most if not all of them and it always seems that there is a particular issue like with boundary lines or unclear signs or unrecorded ringo errors etc none of which seem close to extenuating circumstances? I suppose the area I am most grey about here, is whether there is any particular argument for the issues faced with the autistic gentlemen and the extenuating circumstances? Or am I just leaving that out and saying that they didn't enter into any sort of contractual agreement due to the lack of concise details on the sign? It does seem to me that as the driver wasn't checking in that it was confusing and that he felt he had complied with it with regards to the vehicle that was staying (being checked in).