Help with Writing a defence - Met Parking Virgin Chiswick

Gr1pr

The parking company need authority flowing from the landowner via one or more signed contracts, ones that are still valid and in force, to operate on their land.  If they dont have it, they don't have a case in the first place 

It may also add terms and conditions even if it is valid 

So it's not all about your defence 

LDast

If the CCJ was set aside because you never received a claim, how can you be expected to write a defence to PoC that have never been served? You need to clarify exactly what the judge ordered as what you've told us so far, does not make sense.

If the set aside judge ordered the claimant to submit amended or new PoC, they would have given them a deadline to do so and they would have given you a deadline to respond to those PoC. There is no way the judge would simply order you to submit a defence on its own.

ashkal

LDast said:

If the CCJ was set aside because you never received a claim, how can you be expected to write a defence to PoC that have never been served? You need to clarify exactly what the judge ordered as what you've told us so far, does not make sense.

If the set aside judge ordered the claimant to submit amended or new PoC, they would have given them a deadline to do so and they would have given you a deadline to respond to those PoC. There is no way the judge would simply order you to submit a defence on its own.

He might have told me to ask the claimant to send me the claim pack again, but I am not sure. I went to the local court to ask for clarification or the written judgment. They said there is no one there to help and to call the national line. At this point I have to hand in a defence by Monday, Ill call the national line if they can't help, I might just write a defence using the PCNs and mention I still do not have the actual claim pack or the judgment of the judge in writing. I'll be honest I only said a few sentences before the judge made a judgment, and I was only allowed to interject regarding the cost of the court. It was my first time in court and rather intimidating experience. I expected the court to send me a letter with the result of the hearing, which nothing has been sent.

LDast

How long ago was the hearing for the set aside?

Who exactly did you speak to at the court? You have been fobbed off.

LDast

Does the claimant and the court have your correct address? Because the original claim was defectively served to an incorrect address, was it ever updated with a data rectification notice?

ashkal

LDast said:

How long ago was the hearing for the set aside?

Who exactly did you speak to at the court? You have been fobbed off.

Half an hour was set, it was done in 10 minutes. The claimant wasn't present. I spoke to the judge who was a deputy district. 

ashkal

LDast said:

Does the claimant and the court have your correct address? Because the original claim was defectively served to an incorrect address, was it ever updated with a data rectification notice?

They should do as I sent my N244 application and I have sent letters to the claimant. No it was never updated with a data rectification notice. I went to the local court today, and they said they can't help me, there is no one here to talk to and to call the national number. The national number said to email the court, adding urgent in the subject! So yes I have been fobbed off, I will email the court and hopefully get a reply tomorrow, if not I probably should just write the defence before Monday and hand it in to the court right? I have the PCNs and the default judgment, it is a strange situation. 

ashkal

Gr1pr said:

The CPR rules prior to a court claim require them to do a cheap trace for peanuts to ensure that they have the up to date address, not necessarily the DVLA database address, so that is usually why an address is found, costs about 29p to trace people 

I suggest that you definitely concentrate on drafting your defence ASAP 

my point is that they insisted they got the incomplete address from DVLA when all my documentation have the right address on them. So them doubling down on this address and not replying for 3 months after have caused a lot of issues for me, when they should have agreed to set the judgment aside. Is this important and can I claim damages for their unreasonable behaviour? I am writing the defence tonight and will send it as neither the local court or CNBC  could help me out with the judges request. 

Coupon-mad

Just do the defence.  I don't really understand why you were advised to waste time on anything else last week when you first posted.

The Judge did order you to file a defence, blind. He didn't order the C to serve the claim form first (silly: sounds like a rookie Judge but at least you got the desired result and costs). So file a defence, blind (without seeing the Claim particulars).

You have no choice and no time. Email it to the LOCAL COURT (not CNBC) and cc in CST Law.

Use the alternative defence link I provide in the third paragraph of the Template Defence itself. it's right there, specially linked in the third paragraph of the actual defence.

Use that one and show us your paragraph 5 facts section, urgently.

ashkal

Coupon-mad said:

Just do the defence.  I don't really understand why you were advised to waste time on anything else last week when you first posted.

The Judge did order you to file a defence, blind. He didn't order the C to serve the claim form first (silly: sounds like a rookie Judge but at least you got the desired result and costs). So file a defence, blind (without seeing the Claim particulars).

You have no choice and no time. Email it to the LOCAL COURT (not CNBC) and cc in CST Law.

Use the alternative defence link I provide in the third paragraph of the Template Defence itself. it's right there, specially linked in the third paragraph of the actual defence.

Use that one and show us your paragraph 5 facts section, urgently.

Thank you for your reply at this late hour, greatly appreciated

Would this do?

5.The defendant does not recall who the driver of the car was at the time of the alleged contraventions due to more than two years having passed since the date of the PCNs, which were emailed to the defendant on 02 July 2024. However, the defendant can confirm that they were a member of Chiswick Park Virgin Active, London, W4 5YA during that period. It should be noted that members of Virgin Active Chiswick were allowed to use the parking in question.