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County Court Claim Form

1246

Comments

  • Le_Kirk
    Le_Kirk Posts: 25,151 Forumite
    Part of the Furniture 10,000 Posts Photogenic Name Dropper
    In your para #3 you use "we" and this should be in the third person, ergo use "the defendant".  The "defendant father "should be "the defendant's father" if you are going to keep it in - what is the relevance to your defence?  Who is the defendant - you or your father?
  • Le_Kirk said:
    In your para #3 you use "we" and this should be in the third person, ergo use "the defendant".  The "defendant father "should be "the defendant's father" if you are going to keep it in - what is the relevance to your defence?  Who is the defendant - you or your father?
    Thanks a lot for mentioning this, I meant to ask but I missed out on that. so I am the defendant but my father is the tenant the 
  • Le_Kirk said:
    In your para #3 you use "we" and this should be in the third person, ergo use "the defendant".  The "defendant father "should be "the defendant's father" if you are going to keep it in - what is the relevance to your defence?  Who is the defendant - you or your father?
    Thanks a lot for mentioning this, I meant to ask but I missed out on that. so I am the defendant but my father is the tenant (the legal title under the terms of a lease).
    I would like to change this to:
    The Particulars refer to the material location as ‘xxx’. The Defendant has, since xx2015, lived with his parents who held legal title under the terms of a lease, to Flat No. 33 at that location. The defendant's father is denying accepting any contract with this third party as a tenant of this property. The defendant's father owns a vehicle and uses the specific bay to park his vehicle. The bay No. 34 occupied by the defendant on several occasions and it had been authorised and consented by the neighbour who held legal title under the terms of a lease and did not own a vehicle to use.  


  • Coupon-mad
    Coupon-mad Posts: 155,731 Forumite
    Part of the Furniture 10,000 Posts Name Dropper Photogenic
    A tenant doesn't have legal title.  Title means being the leaseholder or freeholder.
    PRIVATE 'PCN'? DON'T PAY BUT DON'T IGNORE IT (except N.Ireland).
    CLICK at the top or bottom of any page where it says:
    Home»Motoring»Parking Tickets Fines & Parking - read the NEWBIES THREAD
  • Le_Kirk
    Le_Kirk Posts: 25,151 Forumite
    Part of the Furniture 10,000 Posts Photogenic Name Dropper
    I don't think you need to mention the complicated living arrangements.  You live there, it has nothing to do with your father or how many cars he has.  You are the defendant and the issue is about parking in bay number 34 and you have permission from the neighbour and are therefore de facto authorised to park there.
  • A tenant doesn't have legal title.  Title means being the leaseholder or freeholder.
    Le_Kirk said:
    I don't think you need to mention the complicated living arrangements.  You live there, it has nothing to do with your father or how many cars he has.  You are the defendant and the issue is about parking in bay number 34 and you have permission from the neighbour and are therefore de facto authorised to park there.
    The Particulars refer to the material location as ‘xxx’. The Defendant has lived at this location since xx2015 and the defendant's father as the legal tenant of this property is denying accepting any contract with this third party.  The bay No. 34 occupied by the defendant on several occasions and it had been authorised and consented by the neighbour who did not own a vehicle to use and kindly allowed the defendant to use the parking bay.  

    How is this now? 
    I would like to keep my dad's name in this as based on SAR, they have just given tickets to for not showing permits, not for parking at 34 (although it's visible on the pics that I am parking at bay 34.)

    I also have a letter from the landlord agency that mention my dad's name and states that he's been living at xxx address since 2015, and a confirmation from them that they have not received any correspondence from the managing agents of the block, the car parking company in relation to car parking permits for our property.
  • Coupon-mad
    Coupon-mad Posts: 155,731 Forumite
    Part of the Furniture 10,000 Posts Name Dropper Photogenic
    That looks better, and this will be useful evidence later, at WS and evidence stage:
    I also have a letter from the landlord agency that mention my dad's name and states that he's been living at xxx address since 2015, and a confirmation from them that they have not received any correspondence from the managing agents of the block, the car parking company in relation to car parking permits for our property.


    PRIVATE 'PCN'? DON'T PAY BUT DON'T IGNORE IT (except N.Ireland).
    CLICK at the top or bottom of any page where it says:
    Home»Motoring»Parking Tickets Fines & Parking - read the NEWBIES THREAD
  • So I have printed my defence, signed, and scanned it into a PDF file and sent it to CCBCAQ@Justice.gov.uk with the template that I found on NEWBIE sticky defence template (claim number and the rest). received an automated email straight away so that is done. 

    I have also sent my v5c for that one-word mistake on my name last week.


    I really appreciate your time & advice so far and wish you all a merry Christmas and a happy new year in advance,
    I will be back shortly. :sweat_smile:

  • Redx
    Redx Posts: 38,084 Forumite
    Eighth Anniversary 10,000 Posts Name Dropper Photogenic
    Same to you , DQ stage in January , don't miss it , login online and check weekly where it's up to
  • Hey y'all, hope you're all doing well during this difficult time. 
    So I have submitted my defence and it shows on MCOL that my defence was received on 29/12, however, since then I have not heard anything back (not on my spams or any sorts of letters). Is it okay for me to just wait till I get the DQ or I must do something else? 
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