Court claim defence query – Scotland/England

davethespidermonkey

kryten3000 said:

Regardless of the location of the keeper, the incident took place in Scotland so there is no keeper liability for the Claimant to rely on.  Since this is Euro Car Parks and DCB Legal then the case will be discontinued regardless.

Thank you for your input. How would you recommend that I proceed at this stage? 

Thanks also to @Fruitcake for your earlier comment.

kryten3000

I would acknowledge the claim and tick the "contest jurisdiction" box.  By doing so you leave yourself the opportunity to send the reasons why within the next 14 days.  Details here:

https://www.justice.gov.uk/courts/procedure-rules/civil/rules/part11

Then a defence will be needed.  The main points are that the location is not properly identified, but that the Defendant understands that this location is in Glasgow, Scotland and therefore not "relevant land" for the purposes of the POFA.  Since the driver is not identified, the Claimant has no cause of action.

davethespidermonkey

Thanks very much for clarifying that @kryten3000 (it won't allow me to quote your post). I've now acknowledged the claim and am looking at the defence as per the template linked in the newbies thread, is there anything other than you've mentioned that I should also include in paragraph 3 in terms of relevant details? For now I've copied in your wording as that appears solid. I'm not sure what else I could add there that would help my case. 

Nellymoser

When your defence is due?

@Coupon-mad could you advise further on the defence for this poster. (Could the practice of DCBLegal here be another one to show MHCLG ??)

Coupon-mad

Yes it is similar to others I showed the MHCLG where DCB Legal have misled courts snd defendants about keeper liability.

I wonder if @troublemaker22 has any time capacity to help with an application to strike out the claim and get costs, due to the POC lie about the POFA and DCB Legal withholding the fact that the location was in Glasgow.

davethespidermonkey

Nellymoser said:

When your defence is due?

@Coupon-mad could you advise further on the defence for this poster. (Could the practice of DCBLegal here be another one to show MHCLG ??)

Thanks very much. According to MCOL: The claim was issued on 24/6, my AOS was submitted on 30/6, and was received on 1/7. 

davethespidermonkey

Coupon-mad said:

Yes it is similar to others I showed the MHCLG where DCB Legal have misled courts snd defendants about keeper liability.

I wonder if @troublemaker22 has any time capacity to help with an application to strike out the claim and get costs, due to the POC lie about the POFA and DCB Legal withholding the fact that the location was in Glasgow.

Thanks very much for your reply. 

I'd be most grateful of any assistance offered as I've no experience with this sort of thing. It also seems like it's a bit difficult to get hold of Citizens Advice in Glasgow as well as down south where I am due to limited hours etc.

Coupon-mad

Eeek - do NOT ask Citizens Advice! Sadly they are hopeless regarding private parking cases and actually cost people money.

You could always contact Contestor Legal and ask if they'll do this as a 'strike out' application on a no win no fee basis

ChirpyChicken

davethespidermonkey said:

Thanks very much for clarifying that @kryten3000 (it won't allow me to quote your post). I've now acknowledged the claim and am looking at the defence as per the template linked in the newbies thread, is there anything other than you've mentioned that I should also include in paragraph 3 in terms of relevant details? For now I've copied in your wording as that appears solid. I'm not sure what else I could add there that would help my case. 

Did you tick contest jurisdiction?

davethespidermonkey

Coupon-mad said:

Eeek - do NOT ask Citizens Advice! Sadly they are hopeless regarding private parking cases and actually cost people money.

You could always contact Contestor Legal and ask if they'll do this as a 'strike out' application on a no win no fee basis

Ha I had the thought earlier today that you might say that about CAB!

I'll give Contestor Legal a look, thanks.