Claim form from PCM using gladstones - First time going to court! - CASE WON

slick490

Redx said:

It is better that you write as best you can and be constantly corrected numerous times , because like the pandemic it evolves over time , eventually becoming the best defence you can submit

nicely said

Le_Kirk

slick490 said:

1.       The Defendant denies that the Claimant is entitled to relief in the sum claimed, or at all.  It is denied that a contract was entered into - by conduct or otherwise - whereby it was ‘agreed’ to pay a ‘parking charge’ and it is denied that this Claimant (understood to have a bare licence as managers) has standing to sue, nor to form contracts in their own name at the location.

 The facts as known to the Defendant:

2.       It is admitted that the Defendant was the registered keeper and driver of the vehicle in question and but liability is denied.  The Defendant works in the pharmacy, which is located in a private residential area and the vehicle was parked in the bay outside of the pharmacy in this area with the permission of the site manager acting on behalf of the claimant.   Due to the COVID 19 situation obligations parking restrictions were temporarily lifted. At some point, parking restrictions were reintroduced and the first Parking Charge Notices (PCNs) was were issued and then the second before the Defendant knew was informed about the reintroduction of the scheme by word of mouth or by signage. where there was a failure to inform the Defendant of the reintroduction to the scheme restrictions.

3.  Under the doctrine of Promissory Estoppel the claimant has no cause of action. was made between the manager, acting on behalf of the claimant, and the Defendant which allowed any obligations (if any) to be waived The Defendant had not been informed of the introduction of the obligations (if any) in advance, and as of when they would be enforced from there was no obligation (at all) to display a permit and no clear signage to form a contract between the claimant and the defendant

I have made a few suggestions.  You can expand upon this later on in the witness statement and evidence phase.

KeithP

I made a mistake in my earlier post. Sorry about that.

Because Monday is a Bank Holiday, you actually have until 4pm on Tuesday 6th April to file your Defence.

slick490

Le_Kirk said:

I have made a few suggestions.  You can expand upon this later on in the witness statement and evidence phase.

Thank you so much !

So hopefully the final version below to be submitted today!

1.       The Defendant denies that the Claimant is entitled to relief in the sum claimed, or at all.  It is denied that a contract was entered into - by conduct or otherwise - whereby it was ‘agreed’ to pay a ‘parking charge’ and it is denied that this Claimant (understood to have a bare licence as managers) has standing to sue, nor to form contracts in their own name at the location.

 The facts as known to the Defendant:

2.       It is admitted that the Defendant was the registered keeper and driver of the vehicle in question but liability is denied.  The Defendant works in the pharmacy, which is located in a private residential area and the vehicle was parked in this area with the permission of the site manager acting on behalf of the claimant.   Due to the COVID 19 situation parking restrictions were temporarily lifted. At some point, parking restrictions were reintroduced and the Parking Charge Notices (PCNs) were issued before the Defendant was informed about the reintroduction of the scheme by word of mouth or by signage. 

3.  Under the doctrine of Promissory Estoppel the claimant has no cause of action.

Coupon-mad

Looks fine.  Who is the 'site manager acting on behalf of the claimant'?  Someone in an office on site?

slick490

Coupon-mad said:

Looks fine.  Who is the 'site manager acting on behalf of the claimant'?  Someone in an office on site?

yes thats correct

slick490

Hi all,
Just to double check. After i've sent this defence to CCBCAQ@Justice.gov.uk  shall I being submitting the defence anywhere else? I know I should be doing the DQ after this.

many thanks!

KeithP

slick490 said:

 After i've sent this defence to CCBCAQ@Justice.gov.uk  shall I being submitting the defence anywhere else?

No.            

slick490

Hi all,

So I'm going to enter the DQ myself since I haven't received any letter yet. Just a few novice questions if anyone could help.

With regards to the box in the top left hand corner of the DQ form where it says "in the". What should be entered here? 

Is a magistrates court the same as a county court? I searched county court near me and a magistrates court came up as the closest one. 

With regards to the "address for service" section what should I be entering here?

Am I able to enter my electronic signature to the DQ form?

Under the signature box, shall I just cross out the defendant box. I dont have to fill out anything else, right?

Just to clarify, I will be emailing this document back to CCBCAQ@Justice.gov.uk , is this correct?

Sorry about the novice questions. Just want to make sure everything is correct before submitting!

Thank you all for your patience.

KeithP

Does your MCOL Claim History indicate that the CCBC has sent a Directions Questionnaire to you?

If not, I would leave sending your DQ until that happens.


Some, if not all, of your questions are answered in that list you were following when filing your Defence.