Courtesy Car Claim Form Gladstone’s Defence

Suzy_1

Coupon-mad said:

Is that to send to the court?

If so, I usually suggest people add an objection to the case remaining indefinitely 'stayed' which would mean it can be re-opened years later, on the whim of the Claimant long after a consumer Defendant has more than likely moved house.


Re your mum's case:

Claim 4- Defendant: Mum. LBC answered by a small claims advisor that they can’t make separate claims. Gladies is now asking my mum if she’s instructed this person to write to them on her behalf. How does she respond?

She must state that this person is authorised to act on her behalf.  Is it David of Small Claims Advisor Ltd?

I’ve changed the email including the paragraphs. Could you kindly check if this ok. 

Dear Sir Madam

The defendant received a claim form number XXXXXXXX dated XXXXXXXXX. The Acknowledgment was sent and logged on Money Claim Online on (date), then submitted her Defence on (date) which was also logged in on MCOL. It’s now been nearly a year and she has not heard from you or the claimant UK Car Park Management Ltd. 

If the Claimant asked for a ‘stay’ they should of informed the Defendant. In case they have put in a request for a ‘stay’ of this case, the Defendant objects to an indefinite 'stay' and further objects to any attempt by the Claimant to resurrect the case without firstly taking sufficient steps to check the address (a soft trace) as required by the CPRs and the relevant Code of Practice for private parking cases.  It cannot be right that a motorist can be indefinitely kept on a 'long lead' and held to ransom - potentially for ever -  by a parking firm using the court as an enabler to re-open an old case on a whim, yet with no requirement to establish the correct 'address for service' of the Defendant, many years down the line.

At the moment, the address for service remains the same but the burden should not be on a consumer to have to remember to inform the court and a notoriously aggressive parking firm about every move they make for the rest of their life, over a matter that appears dead.

Should this case ever be un-stayed, this note should please be placed before a Judge in order to prevent the injustice of a default CCJ behind the Defendant's back. Making an Order for the Claimant in this case to re-check the address for service if applying to lift the stay, would be the only fair way to protect the rights of a consumer Defendant and meet the Overriding Objective to deal with cases justly and at minimum costs to all.  A 'soft trace', to check addresses held, costs from just 29 pence and is routinely carried out free of charge by roboclaim solicitors acting for parking companies.

As per your letter dated XXXXXXXX the claimant should have and has not contacted the defendant or the court within 28 days after receiving a copy of her defence. Where does the claim stand now?

Could you please give an update regarding this claim and where it stands at the moment? 

Best regards 

Xxxxxxxxx 

Suzy_1

Coupon-mad said:

Is that to send to the court?

Re your mum's case:

Claim 4- Defendant: Mum. LBC answered by a small claims advisor that they can’t make separate claims. Gladies is now asking my mum if she’s instructed this person to write to them on her behalf. How does she respond?

She must state that this person is authorised to act on her behalf.  Is it David of Small Claims Advisor Ltd?

Yes it’s David. 

Le_Kirk

If the Claimant asked for a ‘stay’ they should of have informed the Defendant. In case they have put in a request for a ‘stay’ of this case, the Defendant objects to an indefinite 'stay' and further objects to any attempt by the Claimant to resurrect the case without firstly taking sufficient steps to check the address (a soft trace) as required by the CPRs and the relevant Code of Practice for private parking cases.  

If you haven't sent it yet, correct this grammatical error; when writing to official parties, it is important to be correct.

Umkomaas

Le_Kirk said:

If the Claimant asked for a ‘stay’ they should of have informed the Defendant. In case they have put in a request for a ‘stay’ of this case, the Defendant objects to an indefinite 'stay' and further objects to any attempt by the Claimant to resurrect the case without firstly taking sufficient steps to check the address (a soft trace) as required by the CPRs and the relevant Code of Practice for private parking cases.  

If you haven't sent it yet, correct this grammatical error; when writing to official parties, it is important to be correct.

..... and don't use this in a business letter ....

Best regards

'Yours faithfully' for a letter with a Dear Sir/Madam salutation (although 'Dear Sir' is the norm). 

Suzy_1

Le_Kirk said:

If the Claimant asked for a ‘stay’ they should of have informed the Defendant. In case they have put in a request for a ‘stay’ of this case, the Defendant objects to an indefinite 'stay' and further objects to any attempt by the Claimant to resurrect the case without firstly taking sufficient steps to check the address (a soft trace) as required by the CPRs and the relevant Code of Practice for private parking cases.  

If you haven't sent it yet, correct this grammatical error; when writing to official parties, it is important to be correct.

Oh sorry I have actually corrected this but I copied it again here from my first post. Thank you so much. 

Suzy_1

Umkomaas said:

Le_Kirk said:

If the Claimant asked for a ‘stay’ they should of have informed the Defendant. In case they have put in a request for a ‘stay’ of this case, the Defendant objects to an indefinite 'stay' and further objects to any attempt by the Claimant to resurrect the case without firstly taking sufficient steps to check the address (a soft trace) as required by the CPRs and the relevant Code of Practice for private parking cases.  

If you haven't sent it yet, correct this grammatical error; when writing to official parties, it is important to be correct.

..... and don't use this in a business letter ....

Best regards

'Yours faithfully' for a letter with a Dear Sir/Madam salutation (although 'Dear Sir' is the norm). 

Updated: 

Dear Sir 

The defendant received a claim form number XXXXXXXX dated XXXXXXXXX. The Acknowledgment was sent and logged on Money Claim Online on (date), then submitted her Defence on (date) which was also logged in on MCOL. It’s now been nearly a year and she has not heard from you or the claimant UK Car Park Management Ltd. 

If the Claimant asked for a ‘stay’ they should have informed the Defendant. In case they have put in a request for a ‘stay’ of this case, the Defendant objects to an indefinite 'stay' and further objects to any attempt by the Claimant to resurrect the case without firstly taking sufficient steps to check the address (a soft trace) as required by the CPRs and the relevant Code of Practice for private parking cases.  It cannot be right that a motorist can be indefinitely kept on a 'long lead' and held to ransom - potentially for ever -  by a parking firm using the court as an enabler to re-open an old case on a whim, yet with no requirement to establish the correct 'address for service' of the Defendant, many years down the line.

At the moment, the address for service remains the same but the burden should not be on a consumer to have to remember to inform the court and a notoriously aggressive parking firm about every move they make for the rest of their life, over a matter that appears dead.

Should this case ever be un-stayed, this note should please be placed before a Judge in order to prevent the injustice of a default CCJ behind the Defendant's back. Making an Order for the Claimant in this case to re-check the address for service if applying to lift the stay, would be the only fair way to protect the rights of a consumer Defendant and meet the Overriding Objective to deal with cases justly and at minimum costs to all.  A 'soft trace', to check addresses held, costs from just 29 pence and is routinely carried out free of charge by roboclaim solicitors acting for parking companies.

As per your letter dated XXXXXXXX the claimant should have and has not contacted the defendant or the court within 28 days after receiving a copy of her defence. Where does the claim stand now?

Could you please give an update regarding this claim and where it stands at the moment? 

Yours faithfully 

Xxxxxxxxx 

I’m sending this to the court’s email ccbcaq@justice.gov.uk 

Coupon-mad

Sir/Madam, not just 'Sir'.

Or change to 'Dear CCBC Manager'.

Suzy_1

Hi all

I’ve sent the above email to CCBC on 1st September and received an automated reply that indicates 10 day period for replies. Do they mean 10 working days or the weekends count as well as it’s now been 11 days and no reply from them. 

Thanks 

KeithP

Suzy_1 said:

Hi all

I’ve sent the above email to CCBC on 1st September and received an automated reply that indicates 10 day period for replies. Do they mean 10 working days or the weekends count as well as it’s now been 11 days and no reply from them. 

Thanks 

As they haven't qualified 'days' then it is reasonable to assume that all days count.
If you really want to know the answer you'll have to ask them.

Anyway, what does a few days matter?

Once you are past ten working days then chase them for an answer if you like.

Suzy_1

KeithP said:

Suzy_1 said:

Hi all

I’ve sent the above email to CCBC on 1st September and received an automated reply that indicates 10 day period for replies. Do they mean 10 working days or the weekends count as well as it’s now been 11 days and no reply from them. 

Thanks 

As they haven't qualified 'days' then it is reasonable to assume that all days count.
If you really want to know the answer you'll have to ask them.

Anyway, what does a few days matter?

Once you are past ten working days then chase them for an answer if you like.

I have tried ringing them but no chance. I couldn’t get through. 

I will wait a few more days then try and contact them again. Thanks Keith