Court papers

Blonde64

Morning

Is someone able to look at the defence please and advise, as 2 tickets defence will be pretty much similar for both. I have trawled the site and taken off there so hopefully its ok. 

many thanks in advance

2.       It is admitted that the Defendant was the registered keeper of the vehicle in question and the Leese of the property, and the vehicle was parked at the premises in question on 02 July 2017, but liability is denied. 

3. The Defendant, entered into a contract with the letting agents, after being advised that free on -site residential parking was available as part of the tenancy.

There was no mention of a permit being required at the time of signing of the lease. Ticket was received the morning after moving into the property late in the afternoon due to waiting for keys from letting agents sorting hundreds of student keys. The Defendant contacted letting agency after receiving ticket and was informed ticket would be cancelled.  Was advised by them that they had omitted to advise permit was required and issue at time of collecting keys, Permit was then issued next morning. Ticket was failed to be cancelled and subsequent phone calls to the letting agency reported in all deniability and responsibility being claimed from them for the charge.

The Defendant, at all material times, parked in accordance with the terms granted by the lease. The Claimant's signage, and the purported contractual terms conveyed therein, are incapable of binding the Defendant in any way, and their existence does not constitute a legally valid variation of the terms of the lease to quiet enjoyment the property during the tenancy.  Accordingly, the Defendant denies having breached any contractual terms whether express, implied, or by conduct. The amount charged is a penalty and an unfair consumer charge, there is no direct loss of income to the landowner or the parking company.

There are no terms within the lease requiring lessees to display parking permits, or to pay penalties to third parties, such as the Claimant, for non-display of same or commencing court proceedings.

Johnersh

There is an issue here, isn't there? Well not necessarily an issue, but a point for consideration:

Assuming the named defendant is unavailable to attend (in person or remotely) it should not be assumed that the o/p (parent) can be an advocate at a hearing. The court would need to grant permission for that, unless of course, everyone decides that this can be dealt with on the papers.

Working that through (and unless I'm missing something) arguably there has been no court authority that permitted a third party to acknowledge a claim on behalf of someone else. The claimant may be running with it because it suits them to, but as a mere observer I'm not sure it's strictly within the rules. 

It's unclear how the o/p can sensibly sign a statement of truth on the defendant's behalf when they are not a lawyer, employee or appointed by the court in a representative capacity. 

Actually, has any permission to act in this capacity from the named defendant been filed at court? 

Redx

2 does not mention if the defendant was or wasn't the driver , or cannot remember , ideally driver status should be mentioned

Should leese actually be Lessee ? Or Lease ?

All paragraphs should be numbered

As for the defendant issue , once the defence is complete it should be emailed to the actual defendant , who can digitally sign it , the defendant could then email it as a pdf attachment to the ccbcaq email address , even from abroad

Johnersh

Query if the practical step may be to write to the claimant proposing a stay or extension of time for 28 days after the return date from the defendants travels on the basis that he has never actually received the claim form, nor can he (or you) respond to it at present. That agreement would avoid a judgment in default of a defence. 

Your call as to the next steps you take as you are already 'off piste' at this point. 

Umkomaas

Take Johnersh's advice seriously, he is a qualified lawyer. 

Blonde64

Hi Johnersh   the papers arrived 2 days after he left and we panicked in that we didn't want to leave and not respond. He will be back in october, I dont know how long these things take, we thought of enclosing an e mail from the defendant with the defence to say that since filing he has gone abroad and can the claim be dealt on his behalf via myself, he wont have the time or the internet to deal with himself (remote part of Alaska with little or no internet)  would this be an option or can you advise what else we can do in the situation.  many thanks

Redx

In the DQ n180 form he fills in , in several weeks time , he can specify times that he is unavailable , so it's after the defence is submitted , plus court hearings can be several months later , so think October or later anyway , especially if he rules out August and September in the DQ , lol

So no need to attach a request for delaying the hearing , yet , that is done in July or possibly in August , at the DQ stage , so most likely to be in August

One thing about the process , it's slow !!

Your main issue is how he signs his defence , it needs a digital signature , photo of it , black pen , white paper

Ps , do not ignore what Johnnersh said about a mutually agreed delay , but if that failed then all my suggestions are valid

Download the n180 , read it , you can see that unavailability can be specified , hence why once the Defence is submitted it can be dealt with quite easily to delay the hearing , which is happening due to the pandemic anyway

Blonde64

thank you all 

Blonde64

Hi, sorry me again,  with regard to Johnersh's previous post, if he e mails something like this to the claimant and copying  in the Court would it be ok ? Rather than go down the route of sending in defence, a digital signature can be obtained for the papers if that is the alternative route to follow.  Many thanks in advance

I write with regard to the above claim numbers and submitted AOC.

Since submitting AOC on behalf of the above claim numbers I have gone to work abroad till end of October/November and am requesting a stay or an extension of time for 28 days after my return date.

Should you not agree, please be aware that my postal address is:

XXXXX

XXXX

XXXX

 

I am in a remote area with little or no internet to conduct proceedings over e mail.

If this is not possible I wish to nominate a family member to act on my behalf in this matter

Coupon-mad

Are there two claim forms about the same parking firm Claimant and location, just differently dated PCNs?

If so, the defence needs to add the usual wording about Henderson v Henderson, seen in all 'two claims' threads.