County court claim parking ticket

KeithP

Paueuser wrote: »

So your advice would be to just pay it?

To whom are you asking that question?

I am really struggling to understand how you translated my post into that.

Of course you don't pay it. That's a crazy idea.

I have given you one line of attack. The Deep and Redx have given you others.

It is now up to you to read all seventeen example Defences linked from post #2 of the NEWBIES thread. Find one quite close to your situation, and hone it to perfection.

There's a link to the NEWBIES thread in one of my earlier posts.

Paueuser

Hi thank you for all your help so far, I have applied for the AOS. Can I ask how you worked out the deadline would be the 30th December as I worked out 28 days from the 27th November would be Christmas day.

I have now taken photos of the sign and will be using that the sign does not clearly state that the university permit I have is not acceptable as my defence. Not sure if I can upload photos on here to show what I mean.

Coupon-mad

It's because you have up to 5 days added for service of that claim in the post, so as long as you didn't do the AOS within that 5 days and (by doing so) ate into part of it, you can count 33 days from the issue date.

The back of the claim form tells you this somewhere about 'service'.

Is your nearest court Brighton? You've missed reading some OPS threads here, if you haven't read the fact that we can help you in court, in person. Myself and ParkingMad can help local Defendants, and I speak for people in court if you are Brighton/Worthing based?

OPS lose every case we see at Brighton, unless the D doesn't turn up.

I will add you to my allowed private message list for when you need help in court in 2020. Which solicitor are they using, BW Legal or DCB Legal?

KeithP

Paueuser wrote: »

Can I ask how you worked out the deadline would be the 30th December as I worked out 28 days from the 27th November would be Christmas day.

Have a look at page 14 of the Money Claim Online (MCOL) - User Guide, where it says:

How long does the defendant have to respond to my claim?

The court will send out a claim pack to each defendant once the claim has been issued and allows 5 calendar days from the date of issue for the service of the claim. Therefore the 'date of service' is the 5th calendar day after issue.

The defendant has 14 calendar days from the 'date of service' to file a response. If the last day for filing the response falls on a day that the court is not open (i.e. a weekend or public holiday), the court will allow the next full working day for a response. The defendant can extend the time to respond to 28 calendar days by filing an acknowledgment of service (AOS).

With a Claim Issue Date of 27th November, the Date of Service becomes 2nd December. By doing the AoS you extended the Defence filing deadline to 28 days after the Date of Service - Monday 30th December 2019.

This information is also on the back of your County Court Claim Form.


Also, even if the calculated date was 25th December, you are allowed until 4pm on the next working day. As the courts are not open on 27th December, the next working day is --- Monday 30th December.

Paueuser

Hi Yes my local court is Brighton, at what point would I request to use brighton as my local court? when I submit the defence on MCOL?

and yes OPS, I will have a read now of some of the threads xx

Le_Kirk

You select your court via the DQ, which will come to you after you submit your Defence, after it has been sent to claimant by CCBC and after they decide to continue.

BTW do not submit your defence via MCOL, follow the instructions kindly provided by KeihP in post # 4.

Paueuser

Coupon-mad wrote: »

It's because you have up to 5 days added for service of that claim in the post, so as long as you didn't do the AOS within that 5 days an ate into part of it, you can count 33 days from the issue date.

The back of the claim form tells you this somewhere about 'service'.

Is your nearest court Brighton? You've missed reading some OPS threads here, if you haven't read the fact that we can help you in court, in person. Myself and ParkingMad can help local Defendants, and I speak for people in court if you are Brighton/Worthing based?

OPS lose every case we see at Brighton, unless the D doesn't turn up.

I will add you to my allowed private message list for when you need help in court in 2020. Which solicitor are they using, BW Legal or DCB Legal?

Thank you so much for offering that is so kind! The solicitors are DCB Legal

Paueuser

Le_Kirk wrote: »

You select your court via the DQ, which will come to you after you submit your Defence, after it has been sent to claimant by CCBC and after they decide to continue.

BTW do not submit your defence via MCOL, follow the instructions kindly provided by KeihP in post # 4.

Hi i had seen a few comments about emailing the defence instead of submitting on MCOL, I will go ahead and do this but not really sure why?
I am almost finished with my written defence so I will submit it here soon if you dont mind checking it over. I am trying to say that even though I had a university of Brighton permit it does not clearly state on the sign the specifics of the permit required.
Would I submit photos now ? when I email my defence or is that done later on?

Paueuser

I have sent off the SAR and below is my defence that I will email:

IN THE COUNTY COURT

CLAIM No: XXXX

BETWEEN:
XXX (Claimant)

-and-

XXX(Defendant)

________________________________________
DEFENCE
________________________________________


1. The Defendant denies that the Claimant is entitled to relief in the sum claimed, or at all.

2. The facts are that the vehicle, registration XXX of which the Defendant is the registered keeper, was parked on the material date in a marked bay allocated to XXX at XXX, and had a valid permit to be parked in that bay. The defendant was a student at University of XXX and had continuously held a valid epermit for three years, including on the date of the alleged infringement. Furthermore, given that the Defendant held a valid epermit issued by University of XXX for which there was no consideration, there was clearly no contract entered into by the Defendant with XXX on the material date.

3. The Particulars of Claim state that the Defendant was the registered keeper and/or the driver of the vehicle(s). These assertions indicate that the Claimant has failed to identify a Cause of Action and is simply offering a menu of choices. As such, the Claim fails to comply with Civil Procedure Rule 16.4, or with Civil Practice Direction 16, paras. 7.3 to 7.5. Further, the particulars of the claim do not meet the requirements of Practice Direction 16 7.5 as there is nothing which specifies how the terms were breached.

4. Due to the sparseness of the particulars, it is unclear as to what legal basis the claim is brought, whether for breach of contract, contractual liability, or trespass. However, it is denied that the Defendant, or any driver of the vehicle, entered into any contractual agreement with the Claimant, whether express, implied, or by conduct.

5. Further and in the alternative, it is denied that the claimant's signage sets out the terms in a sufficiently clear manner which would be capable of binding any reasonable person reading them. They merely state that vehicles must be parked correctly within their allocated parking bay, giving no definition of the term 'correctly parked', nor indicating which bays are allocated to whom.

6. The terms on the Claimant's signage are also displayed in a font which is too small to be read from a passing vehicle and is in such a position that anyone attempting to read the tiny font would be unable to do so easily. It is, therefore, denied that the Claimant's signage is capable of creating a legally binding contract.

7. The Claimant is put to strict proof that it has sufficient proprietary interest in the land, or that it has the necessary authorisation from the landowner to issue parking charge notices, and to pursue payment by means of litigation.

8. The Protection of Freedoms Act 2012, Schedule 4, at Section 4(5) states that the maximum sum that may be recovered from the keeper is the charge stated on the Notice to Keeper, in this case £100. The claim includes an additional £52.92, for which no calculation or explanation is given, and which appears to be an attempt at double recovery.

9. In summary, it is the Defendant's position that the claim discloses no cause of action, is without merit, and has no real prospect of success. Accordingly, the Court is invited to strike out the claim of its own initiative, using its case management powers pursuant to CPR 3.4.

I believe the facts contained in this Defence are true.

KeithP

Paueuser wrote: »

Hi i had seen a few comments about emailing the defence instead of submitting on MCOL, I will go ahead and do this but not really sure why?

Bargepole's 'what happens when' post linked from post #2 of the NEWBIES thread explains why.
One reason is because there is a restriction on the length of Defence that can be filed that way.
Another reason is that it destroys any formatting you may have and you don't want present the Judge with a garbled mass of text to read.

Paueuser wrote: »

Would I submit photos now ? when I email my defence or is that done later on?

Photos and other evidence comes later - possibly some months later. Again, this is explained in post #2 of the NEWBIES thread.