UKCPM / Gladstones county court claim

Coupon-mad

You can't do the AOS at all. The Defendant does, online (as shown in a pictorial step by step guide in the NEWBIES thread) between day 5 and day 19, yes.

Do not use your own email or name on amything.

velour

Sorry, my bad. Yes, my wife will be doing all of this so her name, contact details etc. 

1505grandad

"Issue date is 18 July 2022, haven't responded yet."

Are we about to hear from a very important and much missed member?

velour

1505grandad said:

"Issue date is 18 July 2022, haven't responded yet."

Are we about to hear from a very important and much missed member?

Not sure I understand? I thought I should say that my wife hasn't taken any action regarding the claim form yet as we're still within 5 days of issue.

KeithP

1505grandad said:

"Issue date is 18 July 2022, haven't responded yet."

Are we about to hear from a very important and much missed member?

Possibly. 

KeithP

With a Claim Issue Date of 18th July, you have until Monday 8th August to file an Acknowledgment of Service. Do not file an Acknowledgment of Service before 23rd July, but otherwise there is nothing to be gained by delaying it. 

To file an Acknowledgment of Service, follow the guidance in the Dropbox file linked from the second post in the NEWBIES thread.

Having filed an Acknowledgment of Service in a timely manner, you have until 4pm on Monday 22nd August 2022 to file your Defence.

That's over four 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 again at the second post on the NEWBIES thread - immediately following where you found the Acknowledgment of Service instructions.

Don't miss the deadline for filing an Acknowledgment of Service, nor that 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'.

Le_Kirk

KeithP said:

1505grandad said:

"Issue date is 18 July 2022, haven't responded yet."

Are we about to hear from a very important and much missed member?

Possibly. 

Welcome home!

Coupon-mad

Yay, nice to see you back - I found covering these claims so hard without @KeithP!

velour

Thanks very much for the advice so far. My wife will file the AoS early next week (after the 5 day period).
We are going on holiday in early August so I'm now keen to put together the defence so that she can submit before we leave. 

I've used the template linked from newbies and added the following statements (with business name and town redacted) - does this seem OK?
We have photos of the sign, the wall with the parking notice and showing the bush relative to a car entering the car park. We don't unfortunately have anything from the salon manager as that person has now left the business.

2. It is admitted that the Defendant was the registered keeper and driver of the vehicle in question.

3. On 28th June 2019 the defendant had a pre-booked haircut appointment at the [name] salon in [town]. They parked in the car park at the rear of the building, proceeded to complete the appointment, returned to the car and then left.

On previous visits to the same salon, the defendant had been advised by the manager that it was acceptable to park in the car park at the rear of the building if the [salon name] space was free as the public car park was frequently full. The defendant parked in that space as they had previously been given permission by the landowners representative.

4. The signage in the carpark, on the wall in front of the space used by the defendant, states, “[salon name] parking only”, clearly suggesting that the parking space was available for use by [salon name] clients as well as staff.

5. The parking notices advising that the parking area was controlled by an ‘e-permit system’ were not visible from the drivers seat of a car entering the parking area, the only sign that was clearly visible was the [salon name] sign referred to in the previous point. The only parking notice potentially visible to the defendant (or any driver entering the car park) was placed at a height of approximately 3 feet above the ground, on a low wall. This is significantly below the eye line of a driver in a common small family car, such as that used by the defendant. Additionally, this single sign was obscured by a large bush meaning that, at best, the sign may have been visible for a fraction of a second as the defendant entered the car park and was below their line of sight. There are 2 further parking conditions signs within the car park, neither of which are visible from a car parking in the same space as the defendant.

Many thanks.

Coupon-mad

Looks fine, added to the full template.

If I were the Defendant, I would only email this two days before you leave for holiday (assuming that's still in time for the defence deadline!). Not in July, because you might otherwise find the DQ arrives when you are away.

Make sure CCBC has acknowledged the defence before you go away!