Court claim received Gladstones Solicitors OBO CPM (UK Car Park management)

Mullered

and if its good to go do I email to just the court as per the guide, or to UK CPM and Gladstones too?

KeithP

We have recently seen instances where the CCBC has failed to send a copy of the Defence to the Claimant in a timely manner - leading to an incorrect Judgment by Default for the Claimant.
By sending a copy of your Defence directly to the Claimant, you are hoping to avoid that unjust Default Judgment and the hassle of undoing it.

[That's three times this evening I have written that. Twice in the last half hour. You are reading other threads aren't you?  ]

Coupon-mad

Mullered said:

still plugging away at the defence, hoping to have it finished this evening.

have looked again at the docs sent by gladstones in response to the cpr request, firstly the pcn was not "issued" until 2 days after the alleged "parking" and was only followed a notice a month later by another notice titled "formal demand"

is this anything to use in addition to the other things suggested?

What about the added words this one now has about your case being on all fours with Jopson, in that residents and their visitors should be able to load and unload furniture, which is part of life in a block of flats and would require a vehicle stopped briefly and without obstructing any doorways, which the Defendant's vehicle did not.

https://forums.moneysavingexpert.com/discussion/comment/78670970/#Comment_78670970

You may want to pm that person and bookmark their thread and support each other through very similar cases.

Mullered

KeithP said:

We have recently seen instances where the CCBC has failed to send a copy of the Defence to the Claimant in a timely manner - leading to an incorrect Judgment by Default for the Claimant.
By sending a copy of your Defence directly to the Claimant, you are hoping to avoid that unjust Default Judgment and the hassle of undoing it.

[That's three times this evening I have written that. Twice in the last half hour. You are reading other threads aren't you?  ]

 Thanks Keith it is appreciated, I have read so many threads my head is spinning.. I do apologise 

Redx

Add in the all fours words , renumber , but only show us your adapted paragraphs , from 2 to say 5 , not the rest of the coupon mad template. We can then concentrate on getting your 4 paragraphs as best as possible

When you email your defence it will have 2 email addresses , the ccbcaq email address and the lawyers address

You do not want the nightmare of it not being logged , like a few others on here , due to their flawed systems

The Jopson case should kill this and the one in that link off , so in any similar cases

Mullered

thanks people- final go as I have a funeral to go to this afternoon and need to get this emailed off- how is this?

 

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. 

 

3.  The defendant attended Pembroke Park upon invitation from a resident to purchase and collect a bed for his son. It was dark and the weather was wet with heavy rain. The defendant was shown an empty space by the resident which was by the door into the flats and therefore situated the vehicle there, with hazard lights lit, in the absence of any no stopping/parking/unloading or other markings which would indicate to any reasonable person that stopping/parking/unloading or loading there would be contrary to anything, in order to load the bed into the vehicle without it being damaged by the bad weather.

4.  The Defendant stopped in the residential area outside the entrance of the backdoor where the resident lives, making sure that the vehicle was not blocking or being disruptive to other vehicles or pedestrians. The defendant only stopped for a short time, sufficient to load a substantial wooden cabin bed between the residents flat and the defendants vehicle. The alleged breach between the Defendant and UK Car Park Management Limited with regards to ‘No Parking Outside Of  A Marked Bay’, the Defendant did not park but only stopped to load goods as previously mentioned. Residents and their visitors should be able to load and unload heavy furniture and goods which is part of life in a block of flats, requiring a vehicle only be stopped for a short time and without obstructing any doorways which the defendants did not.

5. The Defendant will rely upon the judgments on appeal of HHJ Harris QC in Jopson v Homeguard [2016] B9GF0A9E (Services) case where the judge said stopping/delivering is not parking as this case is on all fours with that case.

within the appeal case - (casPara 19-21) - it states the definition of whether a car is parked or loading/unloading which applies to the defendants case. 

 ‘Whether a car is parked, or simply stopped, or left for a moment while unloading, or (to take an example discussed in argument) accompanying a frail person inside, must be a question of fact or degree.’

‘I am quite satisfied, and I find as a fact, that while the appellant’s car had been stationary for more than a minute and without its driver for the same period (whatever precisely it was), while she carried it in her desk, it was not “parked”. Accordingly, for that reason too, the appellant was not liable to the charge stipulated in the respondent’s notice.’

6 Furthermore, the images supplied by the claimant show the hazard warning lights illuminated, and were all taken over the course of about 30 seconds from first to last according to the timestamps. As soon as the bed was loaded into the vehicle the defendant immediately left.

 

Redx

In 6 , add the relevant IPC CoP in force on the incident date , quoting the relevant clause number and what it says about Grace periods , to reinforce the short time the vehicle was there falls within the grace period ( although the Jopson case should win anyway ) and add that it shows predatory ticketing is being used which again is not allowed in the IPC CoP either

Then it's good to go , emailing both the ccbcaq email address and also the lawyers too

Le_Kirk

Every paragraph requires a number.  I think you have put more in the defence than is required/advised and some of it (the story) could have been saved for the witness statement.

Mullered

Defence was submitted yesterday, email acknowledgements from gladstones and CCBC. Thanks to all so far for your help will keep you updated.

Mullered

Good evening all, it has been a little while since my last post. 

I received a copy of the N180 from Gladstones, but never had any post from the court, either confirming notice of allocation to a track or an N180 to complete. Couldnt see any uodates on MCOL either.

Today I received a general form of judgement or order )form N24) stating that I had received notice of allocation and failed to file an N180 with ccbc by the date specified, so therefore I had to file this within 7 days from service of this order.

I have therefore read up and Completed the form emailing it to the court and explaining this in the cover email..

will keep you updated with anything further, in the meantime a very happy and merry christmas to All.