County Court Claim - Excel Parking; Drop off zone

Redx

Yeah , I knew the wells one as it's a regular topic on here , no idea about Birmingham locations and very unusual to have 2 concurrent court claims at vastly different locations

The OP should have put more preliminary information in the first post , including what was asked and that this is a different court claim to the other one

We are not mind readers not have we seen the documents , issue dates etc

The OP knew what people would ask due to the wells thread and their deadline date is incorrect because the 5 days was compromised

KeithP

molokoid said:

LOL
Issue Date 28th Sep
AOS Submitted 1st Oct (received 2nd Oct)
28+5 Date 31st Oct (so plan to not get spooked and have it submitted the week before)

Due to your Acknowledgment of Service filing date of 2nd October, you have until 4pm on Friday 30th October 2020 to file your Defence.

That's just over a week away. Plenty of time to produce a Defence, but please don't leave it to the last minute.

To create a Defence, and then file a Defence by email, look at the second post in the NEWBIES thread.

Don't miss the deadline for filing a Defence.

D_P_Dance

Wad there not a thread about this a few years ago "Splash" comes to mind.

Umkomaas

@D_P_Dance, you seem to be leaning on the 'Enter' on your keyboard!  Or you've put your wine glass on it.  😊

Umkomaas

Good lad, sorted - white space gone. 👍

molokoid

Draft defence below for comment.  Thanks in advance.

2. It is admitted that the Defendant was the registered keeper of the vehicle in question but liability is denied. It is admitted that the Defendant was the driver of the vehicle on the date laid out in the claim.

 

3. The Defendant is a shareholder of [REDACT], a tenant of circa [REDACT] sq ft of office space within Fort Dunlop.  As part of the tenancy the Defendant has an allocated parking space in the Basement, available for use 24 hours a day, accessible by ANPR to [REGISTRATION].  The Defendant had need to visit the offices of [REDACT], which occupy space on the [REDACT] floor of the Fort Dunlop on the date of the claim.  The purpose was to retrieve some large format print equipment which was to be used for operational signage in connection to food supply to front line healthcare staff.  As the date was during the UK national lockdown, the Defendant was granted ‘food supply chain’ Key Worker status to perform these tasks and was in possession of a letter and an NHS issued identification badge.

The Defendant’s allocated space within the basement was not suitable for the task due to limited access when retrieving the equipment.  The service yard at Fort Dunlop was also unsuitable due to a fault with the access lift.  Hence the Defendant elected to gain permission to use the motorway side slip road (as it is named by Fort Dunlop management), but referred to in the claim as ‘Drop Off Zone’.  On the date in question the Fort Dunlop reception desk, where permission is normally administered from, was unmanned.  The defendant searched and located a member of the security team and advised them of their intended use of the motorway side slip road due to necessity of task and of access.  This was agreed and the defendants registration plate relayed.  This permission would have occurred within the 10 minute allowance that is granted via the tenants parking communication (attached).

Coupon-mad

Don't attach anything.  The rest is fine - easy, wasn't it.

At WS stage you can attach your evidence (see NEWBIES thread for other things to exhibit) plus you will exhibit Jopson v Homeguard.

molokoid

 Coupon-mad said:
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.  AND attach the Southampton Approved Judgment (6 pages as linked in the first post above) to your DQ email as well, in case the CCBC hasn't appended it with your defence.  

A question on the process please...
Can i check please...
is the current advice still to attach the Southampton Judgement to returned DQ (as i am aware the template was updated recently but not all of the guidance has caught up as yet)?
And if so, is it just to the CCBC and not the Claimant's team?

Thanks in advance!

Le_Kirk

I repeat what I posted on the defence template thread: -

All instructions are contained with the thread you have been reading and from where you took the excerpt.  You send the DQ to the same e-mail address as the defence but you must also send a copy to the claimant.  If you are unsure about any of the process it is always good to re-read the NEWBIE sticky, particularly the bit that says KNOW WHAT YOU MUST DO AND WHEN as all instructions are in there.

Thanks for putting your post on your own thread.

Coupon-mad

molokoid said:

 Coupon-mad said:
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.  AND attach the Southampton Approved Judgment (6 pages as linked in the first post above) to your DQ email as well, in case the CCBC hasn't appended it with your defence.  

A question on the process please...
Can i check please...
is the current advice still to attach the Southampton Judgement to returned DQ 

No, but thanks for pointing this out.  Is it in the TEMPLATE DEFENCE thread or the NEWBIES?

EDIT: Found it and I've removed it!