Parking in own space: issued with claim despite previously winning at County Court

UKCPM_Suck

KeithP wrote: »

What is the Issue Date on your Claim Form?

Did it come from the County Court Business Centre in Northampton, or from somewhere else?

20th February, yes the Northampton County Court.

KeithP

UKCPM_Suck wrote: »

20th February.

With a Claim Issue Date of 20th February, you have until Monday 11th March 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. About ten minutes work - no thinking required.

Having done the AoS, you have until 4pm on Monday 25th March 2019 to file your Defence.

That's over a month 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.

Coupon-mad

yes the Northampton County Court.

It's not as such, it's the CCBC (basically an MCOL admin centre).

Your hearing will be at your local court of course, in the end.

UKCPM_Suck

The_Deep wrote: »

Have you approached your management company about this? Tell them that unless they get this cancelled you will include them in a counter claim for harassment.

If you do not need a permit why do you continue to display one? You do not need to counterclaim for unreasonable behaviour you ask for it when you win your case. However, a counter-claim, (for harassment, trespass, under the DPA, etc., does prevent them from discontinuing and leaving you out of pocket. Have yo involved your MP? You should.

What would count as unreasonable behaviour? If I had repeatedly pointed out in correspondence that I have a right to park, they continue to ignore this point in their actions, and they previously lost the case so why pursue me on the same facts? Is that unreasonable?

beamerguy

UKCPM_Suck wrote: »

What would count as unreasonable behaviour? If I had repeatedly pointed out in correspondence that I have a right to park, they continue to ignore this point in their actions, and they previously lost the case so why pursue me on the same facts? Is that unreasonable?

You do understand that you are dealing with the deaf dumb and blind and in particular ... that applies to Gladstones

It does not follow that another judge will agree with the first one based on info provided

You need to cite your previous case IE You v UKCPM.
The new judge should then read this.

There was a case (UKPC) who did the same and the defendant took them to court

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

The_Deep

Mr Davey was a barrister, and owned the land, imo he let the PPC off lightly.
Unreasonable behaviour is what a judge thinks it is, but read this.

https://en.wikipedia.org/wiki/Reasonability

Coupon-mad

Unreasonable conduct, for a Judge, is generally about the conduct of the case.

e.g. failure to follow the PAP for debt claims before litigation, and abuse of process and disregard for the CPRs and disregard for any dates/deadlines set by the court.

The_Deep

In my recent case, (property) the judge decided that the D's counter-claim for expenses he had not incurred was "reasonable behaviour". I would say that the judge was misguided, but he was certainly no fool.

I fail to understand why judges do not come down on these companies like a ton of bricks. If I were a judge I certainly would, but then, I am in favour of birching and the death penalty.

UKCPM_Suck

A quick update on my case with Gladstones. Firstly apologies for not linking posts into one thread, I thought I would add my update to the original post...

Gladstones have submitted their witness statement in response to my defence. It's full of inaccuracies and looks like a fairly standard response. I'll go through it later and summarise the key points.

They submitted their witness statement by email and added the the following:

"The assumption is that our Client is not attending the hearing and therefore we kindly request this notice be treated as a notice pursuant to CPR 27.9. However on some occasions our Client may wish to attend and will do so."

Does this definitely mean they are a no show? They have asked for their case to be considered on the papers alone without representation and have submitted this 7 days before the hearing which they can do. I will still need to attend to defend myself (that's my understanding). They have only provided a response to one of the charges, whereas the case is to hear two claims from UKCPM which have been combined into one hearing. Does this puts me at any advantage?Any thoughts?

Umkomaas

"The assumption is that our Client is not attending the hearing and therefore we kindly request this notice be treated as a notice pursuant to CPR 27.9. However on some occasions our Client may wish to attend and will do so."

Does this definitely mean they are a no show? They have asked for their case to be considered on the papers alone without representation and have submitted this 7 days before the hearing which they can do.

Standard drivel from them. How to deal with their request for a 'hearing on the papers' is covered in the NEWBIES FAQ sticky, post #2.

Their client will never turn up (won't expose themselves to a Judge's questioning) but they may or may not send a 'gun for hire legal rep, but you won't know until you turn up at court. Work on the basis that one will slink up.

And, yes, you do need to turn up.