UKPCM Gladstones PCN

Smeg_Head

Castle said:

The defence should have been filed by Monday 10th February, (see KeithP's post on 19th January), so you may already have a default judgement!

I later checked the documentarian myself (the problem asking someone else to check and relaying the answer), the issue date is the 13th Jan so I think I have until tomorrow, midnight tomorrow?

Smeg_Head

Le_Kirk said:

You don't submit photos (or any evidence) with a defence, that comes later at witness statement time.  Can you edit your post and remove all that white space.  Also read the Abuse of Process thread by beamerguy and check threads by CEC16 and basher52 for more useful info around the £60 spurious addition.

Thank you Le_Kirk. Removed the white space and here is take 2:

Smeg_Head

Tried to post and get: "Body is 3110 characters too long." ?

Smeg_Head

My defence now reads after the headings:

1. The Defendant was the registered keeper and driver of vehicle registration number XXXXXXXX on the material date. The Defendant denies that the Claimant is entitled to relief in the sum claimed, or at all.

2. The facts of the matter are the signage on this site is inadequate to form a contract. Due to inadequate notice of the land being private, and/or any parking charge, and/or any added sums, the driver(s) did not enter into any 'agreement on the charge'

3. The claimant specified the vehicle was “Parking On Access Road / Roadway”, but the space is surrounded by bollards on three sides; there is no access on either side other than the way in and out of the space.

4. The markings on this car park are not sufficient to determine actual spaces.

...and then followed by a word for word copy and paste of the Post 14 of AoP thread.

Should that suffice?

KeithP

Smeg_Head said:

Castle said:

The defence should have been filed by Monday 10th February, (see KeithP's post on 19th January), so you may already have a default judgement!

I later checked the documentarian myself (the problem asking someone else to check and relaying the answer), the issue date is the 13th Jan so I think I have until tomorrow, midnight tomorrow?

With a Claim Issue Date of 13th January, and having filed an Acknowledgment of Service in a timely manner, you have until 4pm on Monday 17th February 2020 to file your Defence.

Smeg_Head

KeithP said:

Smeg_Head said:

Castle said:

The defence should have been filed by Monday 10th February, (see KeithP's post on 19th January), so you may already have a default judgement!

I later checked the documentarian myself (the problem asking someone else to check and relaying the answer), the issue date is the 13th Jan so I think I have until tomorrow, midnight tomorrow?

With a Claim Issue Date of 13th January, and having filed an Acknowledgment of Service in a timely manner, you have until 4pm on Monday 17th February 2020 to file your Defence.

Thank you Keith

nosferatu1001

WHen you read the other 16 defences, were all of them quite so sparse as yours? 
No signage issues? NOthing about landowner authority? 

Smeg_Head

nosferatu1001 said:

WHen you read the other 16 defences, were all of them quite so sparse as yours? 
No signage issues? NOthing about landowner authority? 

I'm sorry but I find this all very confusing. I have read loads of these posts, and each time I do I find more to confuse me. If I have to stand up and talk to someone about this in court I have to have some idea of what I'm saying, so I'm trying to keep it simple for myself.

Le_Kirk

It is all very well keeping it simple for yourself but you need to put the right legal/technical arguments into the defence for the judge (who will understand it) so just take the advice as just that (advice) and try to include the "usual" arguments, signage, landowner authority etc.  That's why we have standard defences to which you add.

nosferatu1001

Yes, but what is difficult about arguing about signs? Eitehr teh signs are big easy to read and well lit, or they arent. Theyre either numerous, or theyre hidden behind a bush. 
Similarly, the Claimant doesnt own the land> Thus, the landhodler has to allow them to operate there, and the contract is how this happens. SO you get them to prove they have this authority. 
Take your time. Read carefully. Look up terms if needed. But you have a single defence point that is entirely based on your car not being parked on an access road. But it MIGHT have been parked on a roadway - the OTHER option they gave.