Court defence - Parking on vacant property with insufficient signage

MrsPickle

MCOL has been updated with "Your defence was received on 15/07/2019", wasn't expecting it to be that efficient!

Coupon-mad

Good, and there was no counterclaim BTW, if you didn't submit one (a paragraph is not a counter-claim) and assuming you didn't pay the cc fee you would have had to have done at the same time.

No worries.

MrsPickle

Thanks again. I'm not sure whether to submit a counterclaim. If I did would it still be heard at same time? Could a counterclaim go against me in any way?
Have received postal acknowledgement of my defence from the court. Have also received the copy of UKCPMs completed directions questionnaire via Gladstones, with Gladstones covering letter noting they will request a special direction for the case to be dealt with on paper and without the need for an oral hearing. I found the following post via the newbies thread which addresses this Gladstones cover letter, so I'll be referring to it if/when I receive my directions questionnaire for completion:
https://forums.moneysavingexpert.com/discussion/5546325/court-claim-procedure-updated-october-2016

Coupon-mad

Thanks again. I'm not sure whether to submit a counterclaim. If I did would it still be heard at same time? Could a counterclaim go against me in any way?

You can't. Too late.

Glad to hear you have been following the NEWBIES on what to do with that DQ tactic from Gladstones!

MrsPickle

Good news!
"
1. The claim is struck out pursuant to CPR 3.4 for failure to plead what Defendant is alleged to have done to breach the terms and conditions.
2. This order was made on the Court's own initiative pursuant to CPR 1998 Part 3.3(4). You may apply to set aside, vary or stay the order but such application must be made within 7 days after the date of service of this order. CPR Part 3.3(5) and (6).
"

No idea how it would have been struck out on those grounds, but pleased that it was! Also no idea what the likely hood of UKCPM appealing is, but if they do it would appear my local court does not want to hear these cases so will probably find the next point to strike it out on.

Order was dated 29th August but service date was 12th September, so I guess i'll have to leave it a couple of months before I know whether it has gone away.

Le_Kirk

Read all about it HERE (scroll down to 3.4) but it is essentially what you have posted. I'm sure it won't make any difference to the way you feel, so WELL DONE on winning.

Umkomaas

it would appear my local court does not want to hear these cases

Where is your local court please? It could help others we advise from your neck of the woods.

MrsPickle

Thank you for that, your link took me straight to 3.4.
I'm a bit confused by the reason, but it's good enough for me.

MrsPickle

Basildon, District Judge Humpherys

Coupon-mad

MrsPickle wrote: »

Basildon, District Judge Humpherys

Wow, good for him/her on making that decision!

ANOTHER ONE BITES THE DUST! :T