UK CPM, Gladstones/Empira CCJ success

Coupon-mad

For obvious reasons, NO.

Mana2019

Coupon-mad said:

For obvious reasons, NO.

It's not obvious because I have no clue why, other than the letter could surprise me with a hearing date within the next 14 days.

Anyway, the WS is the easy part...getting the evidence is the hardest, since I live hours away from the incident scene now (and these crooks may have changed some things since then).

Only thing I have left is Google Maps for evidence.

Coupon-mad

It's not WS & evidence time just yet.

You will have been ordered to defend, probably within 14 days.

And when you email that defence to court & the solicitors you must set out your unavailable weeks immediately or it is sod's law what will happen.

Mana2019

Coupon-mad said:

You will have been ordered to defend, probably within 14 days.

Pardon my ignorance, but I don't know what that means nor know what I'm supposed to do on this.

I thought I should wait for a letter then action but you said no. Looked at the newbies thread, doesn't say this.

Umkomaas

Your defence should be centred around the NEWBIES FAQ Announcement, second post, and, importantly, the Template Defence Announcement (both permanently pinned near the top of the forum thread index). Most of the work is already done for you, simply provide the context of your own case in the early paragraphs. Let the forum see your draft, then once okayed, email it to your local court and to the claimant's solicitors. 

Please note, evidence is not required at defence stage. That will be required in your Witness Statement which won't be due until nearer your actual hearing date (usually 14 days prior to it). 

Coupon-mad

Mana2019 said:

Coupon-mad said:

You will have been ordered to defend, probably within 14 days.

Pardon my ignorance, but I don't know what that means nor know what I'm supposed to do on this.

I thought I should wait for a letter then action but you said no. Looked at the newbies thread, doesn't say this.

I said no because your clock to defend is already ticking based on what the Judge ordered.  You were there. We can only guess what he said. Usually it's 14 days.

Use the Template Defence but obviously it doesn't get emailed to the CNBC in Northampton because you aren't dealing with that admin centre. It has to be filed & served to your local court & cc in the Claimant's solicitors.

Jenni_D

As per above, and as you've already acknowledged, the process has been reset after the CCJ set aside. So you're back to the "start" (except you're no longer dealing with the CNBC, rather your local court). And in any claim process it is:

Claim filed (you're past this)
Defendant acknowledges the claim (not relevant in your case)
Defendant files a defence (to your local court, not the CNBC in this case) and serves a copy to the Claimant (or rather their solicitors)
A hearing is scheduled
Both parties file and serve their Witness Statements
Both parties attend the hearing

Note: The Claimant probably included a WS about the event to try and prevent the claim being struck out at the CCJ set aside hearing. With any luck they'll just re-file the exact same WS at the next stage (assuming they don't just discontinue) so you already know what their "evidence" will be.  

Mana2019

Draft of defence is complete:

IN THE COUNTY COURT

Claim No.:  xxxxxx

Between

UK CAR PARK MANAGEMENT LIMITED

(Claimant) 

- and -

MANA2019

 (Defendant)

_________________

DEFENCE

 

1.  The Defendant denies that the Claimant is entitled to relief in the sum claimed, or at all.  It is denied that any conduct by the driver was in breach of any term.  Further, it is denied that this Claimant (understood to have a bare licence as agents) has standing to sue or form contracts in their own name. Liability is denied, whether or not the Claimant is claiming 'keeper liability', which is unclear from the boilerplate text in the Particulars of Claim ('the POC').

 

The facts known to the Defendant:

2. The facts in this defence come from the Defendant's own knowledge and honest belief.  Conversely, the Claimant sets out a cut-and-paste incoherent and sparse statement of case. The POC appear to be in breach of CPR 16.4, 16PD3 and 16PD7, and fail to "state all facts necessary for the purpose of formulating a complete cause of action". The Defendant is unable, on the basis of the POC, to understand with certainty what case, allegation(s) and what heads of cost are being pursued, making it difficult to respond. However, the vehicle is recognised and it is admitted that the Defendant was the registered keeper and driver. 

3. On the afternoon of the incident, around 3:40pm The Defendant had to drop off the apartment keys to (at the time) Network Homes Ltd, which had a reception office in Hodgson Court, Nightingale Avenue, Northwick Park, Harrow, HA1 3GH.

4. The Defendant was moving out of my old apartment in South Harrow to temporarily stay at The Defendant parents’ house, in preparation to move to the new home in December 2021.

5. The Defendant picked a car park space to park the car, head to the reception and drop off the keys and leave the area.

I wish I can go in to detail, but it's hard to remember exactly 3 years ago when I thought nothing was going to happen (because if I did, trust me I would have taken a few photos)

Anything I'm missing?

Coupon-mad

Please edit your post so that you aren't asking us to read the whole template defence (delete the entire stuff after your facts from you post even though you WILL be using them in reality).

Mana2019

Thanks @Coupon-mad. Edited the post above. Is it now ready to send?