Private parking transferred to GCTT certificated enforcement agents (bailiffs)

KeithP

I think you need to state in paragraph 2 or 3 that the Defendant was not the driver, if indeed that is the case.
Otherwise, the Defendant currently leaves themselves open to be asked in court "were you driving or not"?

Coupon-mad

I don't think you have confirmed that you did the AOS to buy yourself this extra time to defend? 

If not, you are late... But can easily put that right by doing the AOS on MCOL now, as long as that option is still open on MCOL and you haven't already got a default judgment?

grandanat

Claim received on 16.06, AOS submitted on 21.06

grandanat

Added a mention about being the driver at paragraph 3 and removed paragraph 5.

Now my defence looks like this

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

3. The facts are, on June, 16th 2022, the defendant was the driver. The Driver was a patron at Dunelm and B&Q stores within the retail park and did shopping there, and therefore a genuine customer who remained on site throughout their visit. 

4. The Defendant avers that the parking signage in this matter was not enforcing any limit duration during the day hours and the duration limit applies only between 22:30 and 6:60, and no consideration flowed between the driver and the Claimant. The retail park is known as free parking and inadequate signage and lack of clear indication when the duration limit applies, which I believe makes this a potentially predatory situation.

+ paragraphs 5-35 from @Johny86 defence (https://forums.moneysavingexpert.com/discussion/6425559/ukpc-court-claim/p2)
5-11 are his, and 12-35 are from the template.



Second, do I need to put in the defence any photos with the sign?

B789

grandanat said:

Added a mention about being the driver at paragraph 3 and removed paragraph 5.

4. The Defendant avers that the parking signage in this matter was not enforcing any limit duration during the day hours and the duration limit applies only between 22:30 and 6:60, and no consideration flowed between the driver and the Claimant. 

+ paragraphs 5-35 from @Johny86 defence (https://forums.moneysavingexpert.com/discussion/6425559/ukpc-court-claim/p2)
5-11 are his, and 12-35 are from the template.

Second, do I need to put in the defence any photos with the sign?

Nothing goes with the defence. Later, when you prepare your WS, you will add evidence if required.

Is "6:60" meant to be 07:00 or did you mean 06:30.

You  say you "removed paragraph 5" but then you say you included paras 5-11. A bit confusing. Are you proof reading your defence as you prepare it? The "6:60" already appears twice.

grandanat

I've fixed 6:60 to 6:30.
I've removed paragraph 5 from the old version, now the paragraphs are renumbered 

Coupon-mad

You don't need this in 2 because you say it in para 3:

"It is admitted that the defendant was the driver of the vehicle".

grandanat

Thanks all for help.
I've printed my defence and sent it by post.
Do I need to do anything else online on the moneyclaim website?

KeithP

grandanat said:

I've printed my defence and sent it by post.

What??
You have filed your Defence by post?... when I spelt out that your filing deadline is...

...you have until 4pm on Wednesday 19th July 2023 to file your Defence.

So with just one day to go, you trust stuff to Royal Mail?

What didn't you understand in my earlier post where I wrote...

To create a Defence, and then file a Defence by email, look at the second post in the NEWBIES thread.

Can you see the words by email in there?

Suggest you now file you Defence by email as described.
Otherwise, you stand a very good chance of your Defence missing the filing deadline.


And to address your last question...

Do I need to do anything else online on the moneyclaim website?

What don't you understand in this sentence from my earlier post?...

Once an Acknowledgment of Service has been filed, the MCOL website should be treated as 'read only'.

You don't appear to be reading the guidance freely given.

B789

Why did you send it by post? Did you get free proof of posting from the post office?

Did you actually pay to send it recorded delivery which is advised against as it can only, at best, prove non-delivery?

Why didn't you just send it as a pdf attachment in an email? That way you have instant proof when it was sent and you also receive an acknowledgement from the CCBC that is has been received.

Did you not read the advice as written in the Newbies/FAQ thread?