Challenge Default Judgement : Premier Park Drop Case. Counterclaim denied.

stuart_c2023

Thanks, their acknowledgement of service form says they will defend but will check on / after 12th March deadline for submission of documents. Is there a timescale before the 15th May hearing date I would have to pay?

Coupon-mad

That should be stated on the Hearing Order (it'll state the date by which the CLAIMANT has to pay it). This is for the C to pay, unless they discontinue & run away!

stuart_c2023

Only appears to be dates for submission of documents. I'll email the court to check

Coupon-mad

And in your email suggest the time be increased to 90 minutes due to the Counterclaim, and that the Order seems flawed as the C hasn't been ordered to pay a hearing fee, which is confusing because in the event of them discontinuing (highly likely) why would you have to pay it (to have the CC heard) if the Claimants seem to be getting a free hearing of their claim, which cannot be the intention?

stuart_c2023

Well they didn't run away completely.

Had one email with an offer of "drop hands" agreement that both sides discontinue and a second one with a defence to the counterclaim, redacted copy linked below with ANPR evidence removed from the end

https://www.dropbox.com/scl/fi/nxsp43afn99u7fqwg5jmp/DEF-Def-to-Cc-Exhs-redacted-P1_19.pdf?rlkey=mzci3jd29h5vtgoubkvhav395&dl=0

This is largely generic argument defending the use of data and that they have followed due process and challenging my rights to damages and only makes reference to the fact I didn't park in their car park in Para 20 in reference to the original Premier Park rejection of my first online appeal, which glosses over the fact I wasn't on their car park

Couple of significant errors stick out to my untrained eye.

Para 24 on P5 states I haven't supplied evidence of damage to credit record, which I have submitted email showing loan turned down. Do I need to supply evidence of previous credit record?

Couple of questions in terms of being awarded damages and costs
Para 4 is asking for damages to be quantified and Para 23 is asking for me to supply evidence of distress. Do I need to make a witness statement as can't provide medical assessment or do I rely on the judge's opinion
Para 33 Reference costs. Presume this standard text ? 

stuart_c2023

For the record contents of the drop hands offer email.

I'm presuming the threat of advocate turning up to the hearing is just that, a scare tactic?

Our client is willing to try and settle this matter without the need to attend Court and the further costs that would be associated with having to attend.

 We appreciate you are a litigant in person and may not therefore be as familiar with Court procedure, however, we trust our client's position will be made clear in the Defence to Counterclaim.

 Our Client proposes a 'drop hands' settlement, whereby both parties discontinue each of their Claims and walk away, bearing their own costs in the matter. In essence, our Client will end its proceedings against you if you choose to do the same with the Counterclaim against our Client.

 Should you be willing to discontinue your Counterclaim on the above basis,you will need to formally discontinue the claim by completing an N279 Form which can be downloaded from the Court website.   If you do wish to discontinue your Claim, you will need to email the completed, signed and dated form to the Court.

 It is also a requirement that the form is served on all parties once completed, so we should be grateful if you would copy us by email and we will do likewise should you agree to the offer.

 In the event you choose not to discontinue the Claim, our client will have no option but to instruct an advocate to attend Court, this will incur further costs, which if our client is successful at the hearing will be sought from you.

 If you have any concerns, we would recommend you seek independent legal advice.

GrannyKate

I see they have incorrectly cited DPA as 2017 not 2018 in their email

stuart_c2023

Para 24 on P5 states I haven't supplied evidence of damage to credit record, which I have submitted email showing loan turned down. Do I need to supply evidence of previous credit record?

I now have a nice graph from CheckMyFile.com showing credit rating took a dive when CCJ issued with all other measures good.
As my Defence and Counterclaim is already with the court does this need to go in separate Witness Statement if want to use it to disprove their point or can I submit an updated Defence and Counterclaim document efore March 12 submittal deadline?

Debszzzz2

The "landowner contract" they have shown expired, after agreed extensions, on 21st January 2022. There is no evidence of any contract beyond that date. The alleged contravention occurred on 28th September 2022, 9 months after the expiry of the contract.

Castle

"Sea Shanty Holiday Park" is only a trading name, it's not a legal entity.