Private parking firms - coronavirus panic

Beebee88

Le_Kirk said:

Defence deadlines are never on a Sat/Sun/Bank Hol so it it probably 14th June.  There is no "s" in defence.  What was the date of issue of the claim form (N1) relating to this one?  If you post that date and the date you submitted your AoS then @KeithP will give you the correct deadline for your defence.

thanks i'll do that, when i get home tomorrow, i think i know the date but i want to be certain bare with me

Beebee88

Regarding this case, Coupon-mad said:

case 1 and 3 are at the same location and have multiple tickets rolled into each claim - Cervantes house,Harrow.

Case 1, 2 tickets, £458.98. i have a phone hearing on 3 Aug - After sending in my defense i have no evidence on my behalf. Other than past precedent.

Well you MUST file a witness statement and evidence, and you can rely on Jopson v Homeguard if you were a resident and had right of way over this car park, or a right to stop to unload or even park.  Your tenancy agreement will tell you what rights and easements you enjoyed, unless this car park isn't attached to the flats.   

And of course you have the argument that the signs are unclear and cluttered and they don't allow for false 'admin/recovery' costs to be slapped on top of £100.

And of course you need to copy what everyone else does when claims are splintered up into more than one claim, when they deal with duplicate facts.  It is wholly unacceptable that you have top go through two hearings just because this rogue parking firm has split them up and used two firms of solicitors to make the costs higher and the harassment worse for you,. not to mention wasting the coyrt's time by having two hearings, unnecessarily.

Case 3 - 4 tickets, £890.72.  The defence has to be in by the 12th of June. 
i have the past precedents but as far as my personal defense i have nothing. i dont even recall these tickets, as the company doesnt even leave PCN's, they do drive by photos.

Why are you not copying a defence that mentions Henderson v Henderson and asks for the claims to be consolidated as they deaf with the exact same facts?  We have loads of cases where people had more than one claim and have used standard wording objecting to this, in their defence and in witness statements.

Coupon-mad said:

case 1 and 3 are at the same location and have multiple tickets rolled into each claim - Cervantes house,Harrow.

Case 1, 2 tickets, £458.98. i have a phone hearing on 3 Aug - After sending in my defense i have no evidence on my behalf. Other than past precedent.

Well you MUST file a witness statement and evidence, and you can rely on Jopson v Homeguard if you were a resident and had right of way over this car park, or a right to stop to unload or even park.  Your tenancy agreement will tell you what rights and easements you enjoyed, unless this car park isn't attached to the flats.   

And of course you have the argument that the signs are unclear and cluttered and they don't allow for false 'admin/recovery' costs to be slapped on top of £100.

And of course you need to copy what everyone else does when claims are splintered up into more than one claim, when they deal with duplicate facts.  It is wholly unacceptable that you have top go through two hearings just because this rogue parking firm has split them up and used two firms of solicitors to make the costs higher and the harassment worse for you,. not to mention wasting the coyrt's time by having two hearings, unnecessarily.

Case 3 - 4 tickets, £890.72.  The defence has to be in by the 12th of June. 
i have the past precedents but as far as my personal defense i have nothing. i dont even recall these tickets, as the company doesnt even leave PCN's, they do drive by photos.

Why are you not copying a defence that mentions Henderson v Henderson and asks for the claims to be consolidated as they deaf with the exact same facts?  We have loads of cases where people had more than one claim and have used standard wording objecting to this, in their defence and in witness statements.

Thing is, the company running the sight has changed hands; it was initially observices parking (which is my 1stcase) and is now private parking solutions (my 3rd case).

My thing is i dont even recall these tickets, which has made my defence harder, as their sign appears appropriate, in terms of height and font.
Apologies if i'm a little annoying, parking law is not something i'm strong in

KeithP

Beebee88 said:

Le_Kirk said:

Defence deadlines are never on a Sat/Sun/Bank Hol so it it probably 14th June.  There is no "s" in defence.  What was the date of issue of the claim form (N1) relating to this one?  If you post that date and the date you submitted your AoS then @KeithP will give you the correct deadline for your defence.

...bare with me

Seems a bit forward... I'll bear with you instead.  

beamerguy

KeithP said:

Beebee88 said:

Le_Kirk said:

Defence deadlines are never on a Sat/Sun/Bank Hol so it it probably 14th June.  There is no "s" in defence.  What was the date of issue of the claim form (N1) relating to this one?  If you post that date and the date you submitted your AoS then @KeithP will give you the correct deadline for your defence.

...bare with me

Seems a bit forward... I'll bear with you instead.  

hehe Keith it's the hot weather but .... I'll run with bare

Coupon-mad

Thing is, the company running the sight has changed hands; it was initially observices parking (which is my 1stcase) and is now private parking solutions (my 3rd case).

Ah OK, I thought you said they'd changed their name, not that it was a different claimant!  So you can't ask for those cases to be merged.

As for the signs, those I've seen over the years from Observices and PPS are very cluttered with small text. 

Which PPS are you talking about exactly?  You need a separate thread about each case, otherwise this is far too confusing and we will advise you wrongly or misunderstand what stage one of the cases is at.

Beebee88

Le_Kirk said:

Defence deadlines are never on a Sat/Sun/Bank Hol so it it probably 14th June.  There is no "s" in defence.  What was the date of issue of the claim form (N1) relating to this one?  If you post that date and the date you submitted your AoS then @KeithP will give you the correct deadline for your defence.

Le_Kirk said:

Defence deadlines are never on a Sat/Sun/Bank Hol so it it probably 14th June.  There is no "s" in defence.  What was the date of issue of the claim form (N1) relating to this one?  If you post that date and the date you submitted your AoS then @KeithP will give you the correct deadline for your defence.

The date of service was May 10, so 5 days from the date would make it to the 15th, then 28 days from there would be 12th June. Unless i've made a mistake

Le_Kirk

What was the date of issue of the N1 and what date did you submit the AOS?  Deadlines are never on a week-end.

Beebee88

Le_Kirk said:

What was the date of issue of the N1 and what date did you submit the AOS?  Deadlines are never on a week-end.

Le_Kirk said:

What was the date of issue of the N1 and what date did you submit the AOS?  Deadlines are never on a week-end.

The date of issue is May 10th, I sent the AOS on the 30th like a wholly, which was late, however there's a new law as I'm sure you probably know that default judgement cant be made if there's a late submission.

Beebee88

This is literally my defence...any adding or taking away would be  appreciated

2. It is admitted that the Defendant was the registered keeper of the particular vehicle at the time, as to being the driver the defendant is at loss to recall as the alleged PCN’s occurred three years ago, at a time when the defendant had family and friends whom drove the vehicle using their fully comprehensive insurance. 

KeithP

Beebee88 said:

Le_Kirk said:

What was the date of issue of the N1 and what date did you submit the AOS?  Deadlines are never on a week-end.

Le_Kirk said:

What was the date of issue of the N1 and what date did you submit the AOS?  Deadlines are never on a week-end.

The date of issue is May 10th, I sent the AOS on the 30th like a wholly, which was late, however there's a new law as I'm sure you probably know that default judgement cant be made if there's a late submission.

Did you file your Acknowledgment of Service online?
Upon what date did you file an Acknowledgment of Service?
Your MCOL Claim History will have the definitive answer to that.

With a Claim Issue Date of 10th May, you had until Tuesday 1st June to file an Acknowledgment of Service. For the moment I'll assume you did file an AoS by that date. Please confirm. 

Having filed an AoS in a timely manner, you have until 4pm on Monday 14th June 2021 to file your Defence.

That's just a few days away but plenty of time to produce a Defence.

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.

Beebee88 said:

...however there's a new law as I'm sure you probably know that default judgement cant be made if there's a late submission.

Please tell us more about this 'new law'. I don't think I have heard about that.