Court Claim Form after 2 years - Help appreciated

Fruitcake

Is this the place? St. Davids Retail Park St David's Road, Swansea SA6 8QL.

St. Davids Rd - Google Maps

If so, the google camera car has unfortunately never entered the site. The latest image is from May 2019. There is no readable entrance sign. That doesn't mean there was nothing there in November 2019.

I suggest you check with the local planning department to see what the original planning application said about permitted parking time, and also see if planning consent was ever approved for ANPR cameras, and advertising consent for signs. Not having the latter is a criminal offence, but only the council can pursue it.

dilby

Hi @Fruitcake - yes it is. Thanks for that information. Unfortunately I've realised I may have totally messed up; unfortuntaely I suffer with an anxiety disorder and due to being overwhelmed recently I am struggled to put everything together. I've just realised I have messed my dates up and have missed the defence filing date. I filed my AOS on 24/09 and as I have 28 days that brings me to the 22nd. Totally my bad, and I'm sure many of you are going to roll my eyes. Question is, where does that leave me? I can't find anything regarding this on the main thread. I'm happy to just pay up if it means I an be shot of this as it's really not helping me in the tough time I find myself in, but now I'm worried that I'll be in further trouble with the court. 

KeithP

dilby said:

Hi @Fruitcake - yes it is. Thanks for that information. Unfortunately I've realised I may have totally messed up; unfortuntaely I suffer with an anxiety disorder and due to being overwhelmed recently I am struggled to put everything together. I've just realised I have messed my dates up and have missed the defence filing date. I filed my AOS on 24/09 and as I have 28 days that brings me to the 22nd. Totally my bad, and I'm sure many of you are going to roll my eyes. Question is, where does that leave me? I can't find anything regarding this on the main thread. I'm happy to just pay up if it means I an be shot of this as it's really not helping me in the tough time I find myself in, but now I'm worried that I'll be in further trouble with the court. 

No, you are mistaken.

I know you read my post on 5 October at 8:47PM on your thread where amongst other stuff I wrote...

With a Claim Issue Date of 24th September, and having filed an Acknowledgment of Service in a timely manner, you have until 4pm on Wednesday 27th October 2021 to file your Defence.

You even thanked that post on 8 October at 7:25AM.

But now you are telling a different story.

Last month you told us...

According to that history by AOS was filed on 05/10/2021 and received on 06/10/2021. 

Now you are saying...

I filed my AOS on 24/09...

...when last month you said 24th September was the Issue Date on your County Court Claim Form.

dilby

KeithP said:

dilby said:

Hi @Fruitcake - yes it is. Thanks for that information. Unfortunately I've realised I may have totally messed up; unfortuntaely I suffer with an anxiety disorder and due to being overwhelmed recently I am struggled to put everything together. I've just realised I have messed my dates up and have missed the defence filing date. I filed my AOS on 24/09 and as I have 28 days that brings me to the 22nd. Totally my bad, and I'm sure many of you are going to roll my eyes. Question is, where does that leave me? I can't find anything regarding this on the main thread. I'm happy to just pay up if it means I an be shot of this as it's really not helping me in the tough time I find myself in, but now I'm worried that I'll be in further trouble with the court. 

No, you are mistaken.

I know you read my post on 5 October at 8:47PM on your thread where amongst other stuff I wrote...

With a Claim Issue Date of 24th September, and having filed an Acknowledgment of Service in a timely manner, you have until 4pm on Wednesday 27th October 2021 to file your Defence.

You even thanked that post on 8 October at 7:25AM.

But now you are telling a different story.

Last month you told us...

According to that history by AOS was filed on 05/10/2021 and received on 06/10/2021. 

Now you are saying...

I filed my AOS on 24/09...

...when last month you said 24th September was the Issue Date on your County Court Claim Form.

Phew - you are right. The way the portal shows that it makes it look like that's when I responded, but that was the claim date. Apologies, I am finding this all very overwhelming and am getting easily confused. Certainly not trying to twist any story.

My next step then is to contact my local council to request the planning information as mentioned by @Fruitcake - here's hoping I can get it in time because apart from that I'm a bit lost as to what else to include.

KeithP

But you do only have a few days left.

Show us your proposed adjustments to the Defence you are planning to send when you are ready.
The sooner you show us that, the more likely you are to receive constructive comments on it.

You have had this Claim for nearly a month. 
Now is the time to really get moving.

Coupon-mad

No, your next step is to get the defence in.  Takes about half an hour for most people to simply adapt para 2 and 3 of the template to suit their facts.

Never mind the detail that can wait.

Redx

As above , your Defence is the priority , not pictures or planning consent etc , you have months before the evidence ( exhibits ) are due or submitted , so can chase them up after Wednesday

You have one urgent task at the moment , to finish your DEFENCE and get it emailed to the ccbcaq email address before the deadline that KeithP gave you !

dilby

KeithP said:

But you do only have a few days left.

Show us your proposed adjustments to the Defence you are planning to send when you are ready.
The sooner you show us that, the more likely you are to receive constructive comments on it.

You have had this Claim for nearly a month. 
Now is the time to really get moving.

Coupon-mad said:

No, your next step is to get the defence in.  Takes about half an hour for most people to simply adapt para 2 and 3 of the template to suit their facts.

Never mind the detail that can wait.

Thanks both, really appreciate it. 

These paragraphs are what I was struggling with, as my reasoning was already suggested as a moot point, so this is all I have:

2.  It is admitted that the Defendant was the registered keeper of the vehicle in question but liability is denied. 

The defendant was the driver of the vehicle on the day of the alleged contravention but liability is denied.

3.  The defendant cannot recall seeing any signage giving any less time than 4 hours parking, and used this car park for a business meeting at the on-site Starbucks.

Redx

Change 2 , change to , registered keeper and driver

Lose the second sentence in 2) , Then 2) is complete

3) needs more work

dilby

Redx said:

Change 2 , change to , registered keeper and driver

Lose the second sentence in 2) , Then 2) is complete

3) needs more work

Thanks. Yes I'm a bit stumped with 3 without trying to find out if it really was 3 hours not 4 (requiring a word with local planning dept.) Is the argument that the parking is not fit for purpose ( if starbucks staff booked me in for a meeting that is regularly that length) worth using? Otherwise I'm not sure what to include here as was told to keep my story regarding being told it was dealt with for the witness statement.