Notification of Instruction - ELMS Legal

KeithP

Upon what date did you file an Acknowledgment of Service?

Your MCOL Claim History will have the definitive answer to that.

rikj11

5th January

KeithP

rikj11 said:

So, I have received a CCBC claim form (issue date 29-12-21) and have completed AoS on MCOL, believe that gives me until the end of January to submit my defence.

KeithP said:

Upon what date did you file an Acknowledgment of Service?

Your MCOL Claim History will have the definitive answer to that.

rikj11 said:

5th January

With a Claim Issue Date of 29th December, and having filed an Acknowledgment of Service in a timely manner, you have until 4pm on Monday 31st January 2022 to file your Defence.

That's two weeks away. Plenty of time to produce a Defence, but please don't leave it to the last minute.

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.

Do not try and file a Defence via the MoneyClaimOnline website. Once an Acknowledgment of Service has been filed, the MCOL website should be treated as 'read only'.

rikj11

Thanks.

My main question was the second part of that post...about including the 3 case files and whether that still needs to be done at this stage?

Coupon-mad

Nope, no attachments and the Soton case is no longer used anyway, due to BW Legal/Britannia appealing the defenceless Semark-Jullien case behind our backs.

rikj11

Thanks to all.

Am trying to work out how to attach defence points as a pdf, any help would be appreciated

KeithP

rikj11 said:

Am trying to work out how to attach defence points as a pdf, any help would be appreciated

I don't even understand the question so will defer to others.

Doesn't the first post of the template Defence thread include whatever you are looking for?

rikj11

I would rather attach my amended defence points to this forum, as I have seen done, than paste the whole thing and create an essay sized post. For your expertise to critique

KeithP

rikj11 said:

I would rather attach my amended defence points to this forum, as I have seen done, than paste the whole thing and create an essay sized post. For your expertise to critique

Copy and paste the words you want to show us into your next post here.

rikj11

2.         It is admitted that the Defendant was the driver of the vehicle in question but liability is denied. At the time in question the defendant was attending Liverpool John Lennon Airport to provide transport to his four year old daughter, Wife and disabled mother-in-law, all customers at LJLA.

 3.        The claimant’s signs were visible upon entering this private land, however, the particulars of the signs were, and are still, in no way legible to the defendant whilst driving at 40 miles per hour. The fact that these signs are being relied upon to inform, let alone form a contract between the defendant and the claimant, is proof of, at the very least, the underhand tactics employed by the claimant and more than this deceitful and fraudulent.  Furthermore, once the defendant reached the roundabout it was noticed that there were no prominent signs clearly indicating rules or terms of each exit. The road on which the alleged incident took place has no signs at all, as the claimant’s photographs will show. It is also noted that there are no lights on any signage (which, it is suggested, are essential on an overcast gloomy November afternoon) and that there are trees dotted around.

4.         A vehicle which looked similar to a police vehicle was parked on the next exit of the roundabout to the exit in question, and the defendant believed that if there was some wrongdoing he would have had some form of response/reaction from this vehicle, none came.

5.         Once the travellers and luggage were safely in the vehicle (which took roughly one minute, as the claimants photographs will show) the defendant drove off.

11.       The claimant’s regulatory body’s Code of Practice (International Parking Community CoP) states that members may be struck off for non compliance and clearly states;

(i) Part B, section 7.1 that “reasonable adjustments” should be made for the disabled,

            (ii) Part B, section 14 that “predatory tactics” must not be used,

            (iii) Part C, section (m) “be given to be received by the keeper within 14 days beginning the day after the specified period of parking.

12.       All aforementioned in paragraph 11, as well as many other points in the IPC Code of Practice, reveal the total lack of regard the claimant has for the regulations of their own governing body and so to, the Law.