NEED HELP!! COURT ORDER

Macky_1014

KeithP said:

Macky_1014 said:

nosferatu1001 said:

Tell us the ISSUE DATE

the issue date of the letter is 6th feb 2020,

Letter??

I am going to assume that the Issue Date on your County Court Claim Form is 6th February 2020.
Please confirm that. Clarity in these matters is important.

With a Claim Issue Date of 6th February, you have until Tuesday 25th February to file an Acknowledgement of Service, but there is nothing to be gained by delaying it. To file an AoS, follow the guidance offered in a Dropbox file linked from post #2 of the NEWBIES FAQ sticky thread 2 

About ten minutes work - no thinking required.

Having filed an AoS, you have until 4pm on Tuesday 10th March 2020 to file your Defence.

That's three 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:

1. Print your Defence.
   
2. Sign it and date it.
   
3. Scan the signed document back in and save it as a pdf.
   
4. Send that pdf as an email attachment to CCBCAQ@Justice.gov.uk
5. 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'.
   
6. No need to do anything on MCOL, but do check it after a few days to see if the Claim is marked "defence received". If not, chase the CCBC until it is.
   
   After filing your Defence, there is more to do...
   
   
7. Do not be surprised to receive an early copy of the Claimant's Directions Questionnaire. Nothing of interest there. Just file it.
   
8. Wait for your own Directions Questionnaire from the CCBC, or download one from the internet  , and then complete it as described by bargepole in his 'what happens when' post linked from post #2 of the NEWBIES thread 
   
9. The completed DQ should be returned by email to the CCBC to the same address and in the same way as your Defence was filed earlier.
   
10. Send a copy of your completed DQ to the Claimant - to their address on your Claim Form.

yes the issue date of the claim form is 6th feb 2020. i will follow the AOS as you said and make a defense, but just to clarify, what points do you suggest i pick to make a defense of? and in what way should i write my defense, as in as the keeper or the actual driver? this is my first time, please guide me 

Redx

there is no defence to parking in a disabled bay without a blue badge, or more importantly, IF you do not qualify under the EA2010 law , which I assume you dont for either option

any defence will rest on a legal technicality , such as no landowner authority , poor signage , POFA etc

if you were not the driver , you defend as KEEPER

if you are the actual driver , then its either defend as KEEPER if they failed POFA 2012, or defend as driver if the parking company complied with POFA2010

you havent even told us who the claimant is

Macky_1014

Redx said:

there is no defence to parking in a disabled bay without a blue badge, or more importantly, IF you do not qualify under the EA2010 law , which I assume you dont for either option

any defence will rest on a legal technicality , such as no landowner authority , poor signage , POFA etc

if you were not the driver , you defend as KEEPER

if you are the actual driver , then its either defend as KEEPER if they failed POFA 2012, or defend as driver if the parking company complied with POFA2010

you havent even told us who the claimant is

the claimant is first parking LLP and address for sending documents and payments is DCB LEGAL LTD
even if you had a disabled badge you would not be able to park in that spot, you would need a permit from DMU which you can get if you have a disabled badge, i know it is probably the same thing. 

Macky_1014

Redx said:

there is no defence to parking in a disabled bay without a blue badge, or more importantly, IF you do not qualify under the EA2010 law , which I assume you dont for either option

any defence will rest on a legal technicality , such as no landowner authority , poor signage , POFA etc

if you were not the driver , you defend as KEEPER

if you are the actual driver , then its either defend as KEEPER if they failed POFA 2012, or defend as driver if the parking company complied with POFA2010

you havent even told us who the claimant is

would i also be able to point the error they made, that the vehicle was parked in the main car park where it wasnt. does it make a difference? and sorry what do you mean by them failing POFA 2012? 

KeithP

...sorry what do you mean by them failing POFA 2012?

If the Claimant has failed to meet all the conditions of POFA2012, then they cannot transfer the driver's liability to the keeper.

You really do need to have read the NEWBIES thread. There is is good information linked from there, together with a link to the legislation.

There's a link to that NEWBIES thread in my earlier post.

ampersand

Macky_1014,
My gut feeling is you are really struggling with much that is being soundly advised, more than once.

Basic errors, such as pointed out by Redx - spelling of 'defenCe'. 
You are still writing 'defense' every  time.  That is an Americanism. 

Accuracy is important in this work, and you must use grammatical, formal, 3rd-person English throughout.  A Judge needs to understand your arguments and be legally persuaded by them.
This is all as KeithP has written and reiterated. 

Think, too, that a well-written case not only impresses the Court, but can alarm and persuade your opponents to drop their case. 
Keep reading here and you'll find many examples of this.

Your IMMEDIATE task is to acknowledge service by this Tuesday, 25 February, just as KeithP clearly sets out in his 1st big step-by-step post for you. 
DO NOT MISS THIS DEADLINE.

Do you have a friend or line Manager to check you are using correct, formal, 3rd person language throughout?

Redx

let me put this to you in a different manner

a Judge in court is going to take a dim view of a driver that parks a vehicle in a disabled bay that is reserved for somebody who qualifies under a law , namely the Equality Act 2010 , because that qualification is what gets them the DMU permit, on production of their Blue Badge at reception or wherever it is issued from

for the purposes of this reply , I assume you do not qualify under the EA2010, or the driver doesnt , so no permit was obtained and issued , meaning the vehicle should not have been there and the driver should not have parked there at all , due to no blue badge , no DMU permit and no landowner permission

now to your question

What is my defence due to the fact that my vehicle was in a disabled bay without a blue badge but more importantly, without a DMU permit

my answer

there is no defence to that scenario, it cannot and does not exist

so any "defence" needs to try and get "off" on a technicality, some other legal argument that is allowed by the judge, that has nothing to do with where the vehicle was or who was driving it or this permit system

this could be

NO LANDOWNER AUTHORITY

a POFA failure

a BPA CoP failure

a SIGNAGE issue where signs were faded , unclear , missing etc

or anything else that allows you to wriggle out of it (a technicality)

able bodied people who park in disabled bays without permission deprive people like me of that parking space , so do not expect me to help you win this case, other than to point out what I have already typed. (whereas if you had a blue badge and were disabled I would help as much as possible)

I hope that explains MY position on this topic

as for this whole saga , First Parking must have posted an NTK in the past about this incident to you , with a pcn charge of say £100 with an early bird discount, you chose not to pay that charge , so you must have had a valid reason for non payment, so what is that reason ? because that reason is why you are defending this in court

ampersand

Thankyou Redx.
#
As posted before - and approved of - standard sign in France:
"Prenez ma place.
Prenez aussi mon handicap."
https://images.app.goo.gl/ryRpG6rgpRCt5f4M6

Yolandolo

does anyone think or have any experience of a court's opinion when alleging parking times based simply on passing in front of and back through an ANPR ? I got a ticket based on being in a carpark for 10 mins because I couldn't find a space so just give up and left

Le_Kirk

Yolandolo, this is someone else's thread (discussion) and after having read the NEWBIE sticky, you can start your own thread (discussion), where you will receive bespoke advice.