Help with UK CAR PARK MANAGEMENTS tickets

KeithP

Louiseo wrote: »

10th December

I'll assume that is in reply to my question...

KeithP wrote: »

What is the Issue Date on your Claim Form?

With a Claim Issue Date of 10th December, you have until Monday 31st December 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 14th January 2019 to file your Defence.

That's over three weeks away. Loads of time to produce a perfect 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 not 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 the NEWBIES FAQ sticky thread to find out exactly what to do with it.

Redx

Louiseo wrote: »

So you think I have a case to fight or should I just try and pay the fees?

even if you lost and owed 2 parking charges, those charges plus the court costs are likely to be less than the sum they are asking for

we havent seen a landowner contract, the signage , the paperwork or any other evidence or details that would determine if you have a viable case

if you paid a solicitor to represent you, that person would want all those details and evidence and pictures and paperwork, spend a few hours looking through them , just to see if you have a viable defence or not

like Nick Freeman did with BECKHAM for his speeding charge

there is no doubt in my mind that the driver should not have parked on that private land and in theory deserves to be punished, but the cost of any punishment is debatable, assuming the case for the claimant is proven

it is your job to weigh up your options and either pay in full, try to make an out of court settlement for a lower figure, or fight and try to beat them on a legal technicality in front of a judge

the choice is yours

Louiseo

What technicality could I use to try and fight the case?
Sorry if that is a stupid question

KeithP

Louiseo wrote: »

What technicality could I use to try and fight the case?
Sorry if that is a stupid question

That's a unexpectedly quick response.

It is less than an hour ago that Redx pointed out:

post #2 of the NEWBIES FAQ sticky thread tells you all about this court claim process

If you were to read that post, you will find many example Defences giving you ideas about how you might tackle your issue.

Be warned... this will take some time and effort.

Redx

Louiseo wrote: »

What technicality could I use to try and fight the case?
Sorry if that is a stupid question

is the million dollar question , which could only be found (if there) by studying all the evidence you havent yet got , by somebody qualified or with enough legal background to find and use

Louiseo

Thanks for all the help

If I request a SAR and then ask Gladstone to hold the case will they do that nowthat its been forwarded to the courts?

KeithP

Louiseo wrote: »

Thanks for all the help

If I request a SAR and then ask Gladstone to hold the case will they do that nowthat its been forwarded to the courts?

Unlikely, but you will then be able to point out more of their unreasonable behaviour.

Redx

no they wont, that snowball is already rolling down the hill and they have paid the initial fee to start this process

Louiseo

Hi,

I just wanted to drop an update on where I am up to with my case.

I've requested more time to fight the case via MCOL, contacted UK CPR for a SAR and the DVLA. I am slightly worried that I won't receive this information before I have to send in my defence. Is there anything I can do in the meantime?

I've also read up on numerous cases and have a few arguments that I could use, although this could be changed dependant on the information the SAR gives me if I get it in time.

So many ifs and buts..

Thanks

Umkomaas

The SAR response is really more helpful later in the process, when you get to the Witness Statement stage, where you might want to use the PPC's response in your evidence. Its receipt is not critical at the early defence stage.