Advice needed - County Court claim, UK Parking Control Ltd

venousdata

Thank you!

I have a draft defence but think it needs some work. I will do this and post it here this weekend hopefully.

I’ve a quick question though:

I’ve found a VERY similar case to mine and think it would be good to use a lot of the points argued here: https://forums.moneysavingexpert.com/discussion/5965305/ukpc-scs-county-court-claim-help-urgently-requested&page=2#topofpage

TLDR: primacy of contract would be the main point

My question is, in this case the defendant’s initial defence seems to be longer than their witness statement. Isn’t it supposed to be the other way round? With the witness statement expanding on the defence?

Secondly, I found a few cases on the forum where Nottingham county court judges expressed that they will strike out any double recovery attempts. Will mentioning these cases in my defence be beneficial?

Many thanks
P.s I will try to get the two threads merged.

Coupon-mad

My question is, in this case the defendant’s initial defence seems to be longer than their witness statement. Isn’t it supposed to be the other way round? With the witness statement expanding on the defence?

Doesn't matter. No hard & fast rule.

Secondly, I found a few cases on the forum where Nottingham county court judges expressed that they will strike out any double recovery attempts. Will mentioning these cases in my defence be beneficial?

Nottingham court is never involved, unless the D lives in Nottingham!

venousdata

Good Evening guys,


I've finished my second defence draft and would very much appreciate some feedback and advice on when the best time to submit it would be (based on earlier posts in this thread).


This defence draft is a lot more detailed than my first draft.



Many thanks in advance!


Draft can be seen here:
https://drive.google.com/file/d/14fMFQr8ZJibpzttub9jUkHJRo7eYDR-e/view?usp=sharing

KeithP

I suggest that para 25, about signs, is misplaced.
It should perhaps follow para 18.

venousdata

hi again,


i've made the suggested changes. thanks!


besides any other feedback, is there anything else i should be wary of besides deadlines?
i notice that UKPC have not yet filed their defence. are they waiting until the last minute?


many thanks

KeithP

venousdata wrote: »

i notice that UKPC have not yet filed their defence.

The Defendant files a Defence. The Claimant does not.

The Claimant filed a Particulars of Claim. The Defendant addressed that in their Defence.

venousdata

Hi all,

I’ve judged checked my MCOL and can see that my DQ was sent to me today. Unfortunately I won’t be home to complete it until Monday so was wondering what kind of time limits these usually have?

Also,

I saw a defence on this forum to which a judge simply glossed over it and awarded the claimant despite the mountains of evidence, claiming that “even if I look in to your defence there’s no point as Gladstone’s will appeal and it’ll be a waste of everyone’s time.”

This seems extremely unfair and I was wondering whether this is a common thing to happen? Just getting a judge who doesn’t read your defence and awards claimant?

Many thanks

Le_Kirk

You can download your own copy of the DQ. check post # 11 where KeithP gives you your deadlines and also some other info, amongst which is how to download the DQ. You can then go to the NEWBIE sticky post # 2, look for the "what happens and when" and in there it explains how to complete the DQ. KeithP also tells you where to send it, all can be done wherever you have a Wi-Fi or data connection.

venousdata

Thanks!

Last thing, is there a possibility of getting a bad judge who doesn’t read your defence/WS like in the above mentioned post?

I’d rather lose via technicality as opposed to the judge not caring enough to read my defence...

The_Deep

I’d rather lose via technicality as opposed to the judge not caring enough to read my defence...

Careless Judges are accountable, read this

https://judicialconduct.judiciary.gov.uk/

I recently complained about a judge, got the cold shoulder and complained to my MP. Result complaint dealt with an enough compo for a case of Blue Nun.