Parking Charge Notice - Defence Submission

KeithP

allshallbewell said:

Thanks Coupon-mad and I'm sorry to hear that Mr S-J's antics upset the apple cart despite your best efforts. Does that totally wipe out District Judge Grand's standpoint though? Surely his eminently sensible remarks could be quoted nevertheless or would that press the legal self-destruct button?

The problem is that a simple County Court Judgment does not set a precedent, but a Judgment following an appeal is persuasive on cases at the same level.

allshallbewell

Thanks Coupon-mad and I get to use no case law in the Defence - except presumably that that is listed quite extensively in the template that you suggest for DCB Legal: https://www.dropbox.com/s/5r7vbqttho3q948/2023 defence.pdf?dl=0. Have I got that right?

Coupon-mad

DJ Grand's findings are torpedoed. Gone!

Your defence is meant to be the template defence (which already absolutely mullers the added fake fee!) .  There's no need to add anything about that subject.

There is no point citing DJ Grand.  If there was, it would already be in the template defence.

Cases are no longer struck out.

You are only meant to add your facts.  Plus the extra paragraphs 5-11 about the woeful POC.

allshallbewell

Could you point me to justice.gov.uk 16PD3 and 16PD7 as cited in para 5 of template  https://www.dropbox.com/s/5r7vbqttho3q948/2023 defence.pdf?dl=0 I've found CPR 16.4 but not the two above. I want to try to understand how DCB legal's formulaic POP served on me has transgressed these Practice Directions. 

Coupon-mad

It means Practice Direction 16.

First result on Google.

KeithP

Sticking 16PD3 or 16PD7 into google takes you straight there.

allshallbewell

In the template  https://www.dropbox.com/s/5r7vbqttho3q948/2023 defence.pdf?dl=0 paragraph 5 'complete cause of action'. Is that a typo and should it be 'course' or is it legalese?

Le_Kirk

allshallbewell said:

In the template  https://www.dropbox.com/s/5r7vbqttho3q948/2023 defence.pdf?dl=0 paragraph 5 'complete cause of action'. Is that a typo and should it be 'course' or is it legalese?

It is correct and again, asking Auntie Google would have given you the answer: -

Cause of Action

LAW

a fact or facts that enable a person to bring an action against another.  "the plaintiff had a good cause of action in negligence"

Course of Action
the actions to be taken. E.G. We're trying to determine the best course of action at this point.

KeithP

...or to put it another way, it is what caused the action to be brought.

allshallbewell

Thank you again Keith P and apologies for not asking auntie first. Google seems to think that the current email address for sending in the defence is ccbcaq@hmcts.gsi.gov.uk. I expect she knows but I think it might previously have been CCBCAQ@Justice.gov.uk as per your earlier very helpful submission advice. Could you kindly confirm whether she's right or not on this?