UK Car Park Management/Gladstones Court claim

Umkomaas

Umkomaas. I am not sure if we will be able to get a witness statement from the lost customer. I will speak to my husband and see if he would contact him.

Without it I suspect any assertion over lost business and its £ amount will be little more than conjecture, and would, in my opinion, be a very weak argument to deliver.

KeithP

Ladybird150 wrote: »

KeithP. The issue date of the Claim Form is 13th August and it was received on 14th August. I still have another week to acknowledge the claim and respond.

I'll assume it came from the County Court Business Centre in Northampton.


With a Claim Issue Date of 13th August, you have until Monday 2nd September 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 file linked from post #2 of [URL="https://forums.moneysavingexpert.com/discussion/4816822NEWBIES FAQ sticky thread[/URL]. About ten minutes work - no thinking required.

Having done the AoS, you have until 4pm on Monday 16th September 2019 to file your Defence.

That's nearly four weeks away. Plenty of time to produce a Defence, but please don't leave it to the last minute.


When you are happy with the content, your Defence could 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 "defence received". If not chase the CCBC until it is.
   
6. Do not be surprised to receive an early copy of the Claimant's Directions Questionnaire, they are just trying to keep 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.

Ladybird150

Umkommas. My husband has contacted the customer and he has greed to provide a statement to corroborate that UKCPM took pictures of his car whilst it was inside our business premises and why he then took the business away.

Castle. Can you please explain your comment that because the car was insured under Ltd company insurance policy that would make the Ltd company the 'keeper' for the purposes of POFA. Is this working in our favour or against us? Sorry my legal knowledge is very limited.

Ladybird150

Couponmad. I hope you will see this post and be able to respond to me. I have seen a very old post of yours where you recommend Small Claims Advisor. We are contemplating getting help with this and I have contacted the individual in question. Can you please advise how good this person is with successfully defending and pursuing cases? Did anyone on this site use him? We are unable to pay a Solicitor as these costs are non-recoverable even if we win so maybe legal advisor route would be the best for us.

Castle

Ladybird150 wrote: »

Castle. Can you please explain your comment that because the car was insured under Ltd company insurance policy that would make the Ltd company the 'keeper' for the purposes of POFA. Is this working in our favour or against us? Sorry my legal knowledge is very limited.

Here's POFA:-
http://www.legislation.gov.uk/ukpga/2012/9/schedule/4/enacted

“keeper” means the person by whom the vehicle is kept at the time the vehicle was parked, which in the case of a registered vehicle is to be presumed, unless the contrary is proved, to be the registered keeper"

In your case it can be proved that the Ltd company was the keeper and therefore your husband was neither the driver nor the keeper.

BrownTrout

Ladybird150 wrote: »

Couponmad. I hope you will see this post and be able to respond to me. I have seen a very old post of yours where you recommend Small Claims Advisor. We are contemplating getting help with this and I have contacted the individual in question. Can you please advise how good this person is with successfully defending and pursuing cases? Did anyone on this site use him? We are unable to pay a Solicitor as these costs are non-recoverable even if we win so maybe legal advisor route would be the best for us.

The person behind this person is highly recommended and coupon mad will echo my thoughts

Ladybird150

Castle wrote: »

Here's POFA:-
http://www.legislation.gov.uk/ukpga/2012/9/schedule/4/enacted

“keeper” means the person by whom the vehicle is kept at the time the vehicle was parked, which in the case of a registered vehicle is to be presumed, unless the contrary is proved, to be the registered keeper"

In your case it can be proved that the Ltd company was the keeper and therefore your husband was neither the driver nor the keeper.

Thank you this is good advice indeed.

Ladybird150

BrownTrout wrote: »

The person behind this person is highly recommended and coupon mad will echo my thoughts

Thank you. I have sent him an email and I hope he will come back to me quickly unless he is on holiday at this time of the year.

Ladybird150

BrownTrout. Do you know if anyone here has used him previously? If so can you please re-direct me to the appropriate posts. Many thanks in advance.

Ralph-y

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Ralph:cool: