PCo used temporary address to obtain CCJ, when they had permanent one

EwanHusarmee

ForresterBear42 is the driver concerned. Just trying to work out how to delete the content

Umkomaas

EwanHusarmee said:

ForresterBear42 is the driver concerned. Just trying to work out how to delete the content

@Fruitcake has already started the process off, but you and your son can both follow what Fruity has done by 'reporting' the post. Hit the exclamation mark in the red box underneath the post.

ForresterBear42

Assuming the previous gets deleted ASAP - 
Any advice appreciated as this has to be with the court by 4pm tomorrow and I'm working all day tomorrow

3. At the time the Defendant resided in the Student Accommodation Halls.  

4. The Defendant suffered/s from acute mental health issues. The University (Landowner) had issued a Parking Permit in recognition of this. The Defendant has now asked the Landowner to assist in settling this issue, having referred the Landowner to the Equality Act 2010.

6. The Claimant states in their Letter of Claim that a Contract was formed when the Defendant parked on land that they managed. Given the Defendant’s mental health issues, the Defendant did not have the capacity to form a contract and the Landowner who they were operating the parking service on behalf of was aware of this.

7. The Defendant avers that only 1 letter was received from the Claimant. This was opened by the Defendant’s father at XXXXXXXXXXXX. The Defendant’s father then persuaded the Defendant to lodge the POPLA appeal.

8. When the Defendant received no further communication from the claimant with regards to the issued PCNs it was believed that they were initially issued in error and that the Landowner had prevented further escalation due to the previously known circumstances of the Defendant. 

9. Given the time that has elapsed with no communication from the Claimant received, and given the Defendant’s mental health issues it is difficult to be precise about the exact circumstances surrounding each of the alleged parking incidents. 

PCN No.	Location	Issue Date	Defence
XXX1	Keele University C13 - Keele Hall	09/10/2019	Unclear that these are separate instances of parking.  The image provided by the Claimant is illegible.
XXX2		11/10/2019
XXX3	Keele University E2 Pay & Display Only	21/10/2019	The Defendant has no memory of this incident. Given the length of time and the lack of notice from the Claimant
XXX4	Keele University Horwood Medical Centre	18/11/2019	Unclear that these are all separate instances of parking.  Spaces nearest halls. No parking available in my designated space. Unclear on signage provided by Claimant Witness statement that they are entitled to multiple Parking Charges.
XXX5		20/11/2019
XXX6		29/11/2019

Coupon-mad

Remove the columns entirely at the end about each PCN, as it narrows your defence down to the few words you've written against each.  No need to break them down at all at this stage.

EwanHusarmee

Coupon-mad said:

Remove the columns entirely at the end about each PCN, as it narrows your defence down to the few words you've written against each.  No need to break them down at all at this stage.

Just take that table out entirely then? The details are already in the Claimant's Witness Statement. 

We were also pondering something along the lines of "The Defendant had a justified belief that the PCNs attached to his windscreen were not to be taken seriously, as the Claimant had not attempted to enforce 12 previous PCNs"

Fruitcake

EwanHusarmee said:

Coupon-mad said:

Remove the columns entirely at the end about each PCN, as it narrows your defence down to the few words you've written against each.  No need to break them down at all at this stage.

Just take that table out entirely then? The details are already in the Claimant's Witness Statement. 

We were also pondering something along the lines of "The Defendant had a justified belief that the PCNs attached to his windscreen were not to be taken seriously, as the Claimant had not attempted to enforce 12 previous PCNs"

I would take the whole table out as it adds nothing.

Do not include that last paragraph.

Is paragraph 5 as per the template, or have you missed it out?

You haven't mentioned that the claimant is or may be in breach of the Equality Act and guilty of indirect or direct discrimination, only that the landowner is aware of the defendant's health issues.

I suggest the following amendments.

3. At the material times the Defendant resided in the Student Accommodation Halls.

    ** briefly explain their right/landowner authority to use the car park **

4. The Defendant suffered/s from acute mental health issues. The University (Landowner) had issued a Parking Permit in recognition of this. The Defendant has now asked the Landowner to assist in settling this issue, having referred the Landowner to the Equality Act 2010.

The claimant failed to make allowances for motorists with mental disabilities described as "protected characteristics" within the above Act. This failure constitutes indirect discrimination.

6. The Claimant states in their Letter of Claim that a Contract was formed when the Defendant parked on land that they managed. Given the Defendant’s mental health issues, the Defendant did not have the mental capacity to form a contract and the claimant failed to make allowances for this. and the Landowner who they were operating the parking service on behalf of was aware of this.

Now that the claimant is aware of the defendant's mental health issues, to continue with the claim would constitute direct discrimination as described by the Equality Act.

EwanHusarmee

Thanks. I suppose someone called 'Fruitcake' would be on top of  issues around mental health 

Fruitcake

Several of my family members have "alternate abilities" including mental health issues.

I have edited and amended my previous post. Many of the regulars do this when they remember something after posting, so it is advisable to go back over recent posts to make sure you haven't missed anything.

Coupon-mad

EwanHusarmee said:

Coupon-mad said:

Remove the columns entirely at the end about each PCN, as it narrows your defence down to the few words you've written against each.  No need to break them down at all at this stage.

Just take that table out entirely then? The details are already in the Claimant's Witness Statement. 

We were also pondering something along the lines of "The Defendant had a justified belief that the PCNs attached to his windscreen were not to be taken seriously, as the Claimant had not attempted to enforce 12 previous PCNs"

Absolutely not.  That makes the Judge think this is a serial 'offender'!

Also a WS needs more.  Last year's best example, that shows the whole evidence bundle, cover sheet and costs assessment (that the D should file) was by @jrhys

In addition, the D also needs wording to tell the Judge that the added £60 or £70 debt fee 'costs' are now banned by Govt and identified by Ministers as 'extorting money'.  The wording for that is in the very recent WS by @ricky_balboa

EwanHusarmee

This is the defence not the Witness Statment. The Claimant lodged a witness statement ahead of the set aside hearing.

The paras above were just for
3. [EXPLAIN IN YOUR OWN WORDS...]  from the standard defence.