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Gladstone Solicitors sent a County Court Letter

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Comments

  • KeithP
    KeithP Posts: 41,296 Forumite
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    Kshah786 said:
    KeithP said:
    Following on from @Le_Kirk's comment... your paragraph 3 creates the impression that the Defendant was driving.
    It wouldn't be usual to say the Defendant was waiting for a space if the Defendant was a passenger, would it?
    the defendant was the registered keeper and driver.
    Then why doesn't paragraph 2 say that?
  • Coupon-mad
    Coupon-mad Posts: 155,731 Forumite
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    edited 14 March 2023 at 11:34PM
    Not 'PARK' and not 'WAIT'.

    Parking and waiting are prohibited on yellows.

    Google & read the Highway Code and find out the word that describes what is allowed.  I want you to understand, first and foremost (from your own research) what word you must use.
    PRIVATE 'PCN'? DON'T PAY BUT DON'T IGNORE IT (except N.Ireland).
    CLICK at the top or bottom of any page where it says:
    Home»Motoring»Parking Tickets Fines & Parking - read the NEWBIES THREAD
  • Kshah786
    Kshah786 Posts: 139 Forumite
    Seventh Anniversary 100 Posts Name Dropper
    Not 'PARK' and not 'WAIT'.

    Parking and waiting are prohibited on yellows.

    Google & read the Highway Code and find out the word that describes what is allowed.  I want you to understand, first and foremost (from your own research) what word you must use.
    thanks 

    ill change it to " was unloading goods"
  • Kshah786
    Kshah786 Posts: 139 Forumite
    Seventh Anniversary 100 Posts Name Dropper
    KeithP said:
    Kshah786 said:
    KeithP said:
    Following on from @Le_Kirk's comment... your paragraph 3 creates the impression that the Defendant was driving.
    It wouldn't be usual to say the Defendant was waiting for a space if the Defendant was a passenger, would it?
    the defendant was the registered keeper and driver.
    Then why doesn't paragraph 2 say that?
    it does say it,
    it isnt a paragraph but just a sentence
  • KeithP
    KeithP Posts: 41,296 Forumite
    Part of the Furniture 10,000 Posts Name Dropper
    Kshah786 said:
    KeithP said:
    Kshah786 said:
    KeithP said:
    Following on from @Le_Kirk's comment... your paragraph 3 creates the impression that the Defendant was driving.
    It wouldn't be usual to say the Defendant was waiting for a space if the Defendant was a passenger, would it?
    the defendant was the registered keeper and driver.
    Then why doesn't paragraph 2 say that?
    it does say it,
    it isnt a paragraph but just a sentence
    Convention dictates that paragraphs are numbered.

    In your Defence you have shown us...
    Yes, that is a sentence. It is also a paragraph.

    Now, I asked why doesn't paragraph 2 state 'keeper and driver'? and your answer is "it does say it".

    Sorry, you've lost me. Good luck.
  • Kshah786
    Kshah786 Posts: 139 Forumite
    Seventh Anniversary 100 Posts Name Dropper
    KeithP said:
    Kshah786 said:
    KeithP said:
    Kshah786 said:
    KeithP said:
    Following on from @Le_Kirk's comment... your paragraph 3 creates the impression that the Defendant was driving.
    It wouldn't be usual to say the Defendant was waiting for a space if the Defendant was a passenger, would it?
    the defendant was the registered keeper and driver.
    Then why doesn't paragraph 2 say that?
    it does say it,
    it isnt a paragraph but just a sentence
    Convention dictates that paragraphs are numbered.

    In your Defence you have shown us...
    Yes, that is a sentence. It is also a paragraph.

    Now, I asked why doesn't paragraph 2 state 'keeper and driver'? and your answer is "it does say it".

    Sorry, you've lost me. Good luck.

    my apologies, i see what you meant now, yes i will change it over now. thankyou. i will be submitting the defense tomorrow morning, i have been unwell and also misread the deadline date, but i will submit it tomorrow morning. is there anything else i need to do.

    thanks again in advance
  • Kshah786
    Kshah786 Posts: 139 Forumite
    Seventh Anniversary 100 Posts Name Dropper
    hi everyone, just an update, so the court has acknowledged my defence and now will wait for the claimants too se if they want to continue or not, hopefully they wont, so now im just waiting on a letter from the court.
  • Coupon-mad
    Coupon-mad Posts: 155,731 Forumite
    Part of the Furniture 10,000 Posts Name Dropper Photogenic
    edited 10 April 2023 at 8:27PM
    They will proceed. This is all normal.

    They don't drop out this early, but you know what letter to expect next because the Template Defence thread tells you the generic first 12 steps (that we wish to avoid posts about if at all possible or we get spread too thin).
    PRIVATE 'PCN'? DON'T PAY BUT DON'T IGNORE IT (except N.Ireland).
    CLICK at the top or bottom of any page where it says:
    Home»Motoring»Parking Tickets Fines & Parking - read the NEWBIES THREAD
  • Kshah786
    Kshah786 Posts: 139 Forumite
    Seventh Anniversary 100 Posts Name Dropper
    They will proceed. This is all normal.

    They don't drop out this early, but you know what letter to expect next because the Template Defence thread tells you the generic first 12 steps (that we wish to avoid posts about if at all possible or we get spread too thin).
    HI, just an update, i am about to fill in the DQ 180 form and when following the steps....

    ***Filling out the form

    A1 = Say NO to mediation (they want the whole amount, you want to pay them nothing, so no scope for mediation. This will not go against you). Mediation is run by a commercial company on behalf of the courts and their success is measured by how many cases are kept out of court. They are not interested in the merits of the case, only whether you will pay or not. So say No.

    B = fill in all the details, your name, your address, etc. This is the address that all the paperwork will be sent to. If you are moving home within 6 months make sure you have mail redirection in place. You will get a default CCJ if the paperwork doesn't get to you as the Courts see it as your responsibility to give a correct address.

    C1 = YES to small claims track – this is the limited costs track for claims up to £10,000 in value

    D1 = name of your local County Court – unless you are a Limited company, the case files will be transferred there. They will ask for theirs but protocol dictates it is your court. For example, MIL Collections always asks for Truro and Devere Parking always ask for Bournemouth. You, literally, do not want to go there.

    D2 = NO to expert evidence (this relates to medical negligence cases and suchlike)

    D3 = 1 witness (that’s you) (or more if you are going to get another person to provide a statement)

    D4 = Put down the dates of any pre-booked holidays, NO to interpreter (unless you need one)

    You send a copy to the courts and another copy to the Claimant company. Keep a copy for yourself. As mentioned before, there is a long delay (20+ weeks) between this form and an actual day in court.***



    The above has been changed slightly on the new DQ180 form. D1 D2 D3 D4 ARE NOW E1 E2 E3 E4 E5,.

    Im stuck on the part D1 - Suitability for determination without a hearing.. can anyone help on what to fill out here.
    thanks
  • Fruitcake
    Fruitcake Posts: 59,504 Forumite
    Part of the Furniture 10,000 Posts Name Dropper Photogenic
    Hopefully this post will help you with your question. You may need to reduce it to 9pt font to get it to fit, or copy and paste it in as a text box then adjust the borders to fit.

    County Court Claim received, parking fine from 2 years ago - drafting a defence - Page 5 — MoneySavingExpert Forum
    I married my cousin. I had to...
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