County court Letter And help with defense

System · 5 July 2018 at 1:27PM

Do you want to include the sections that LoC123 suggested in #49. You say in 5 you have a "reasonable belief" but it is stronger than that. Include the elements you know and can prove.

I'd also suggest you take out references to other DJ's (3.4.1 and 3.4.2) Judges are masters in their own court and AFAIK there are no transcripts for these cases for the judge to see later.

The Particulars of Claim are incompetent in disclosing no cause of action.

You may need to rephrase that.

The Claimants are known to be serial issuers of generic claims similar to this one. HM Courts Service has identified over 1000 similar sparse claims. I believe the term for such behaviour is !!!8216;roboclaims!!!8217; and as such is against the public interest.

Not sure you can prove that either so take out anything you can't support later (and as was mentioned before PUT IN items you can prove now like ownership of the land)

Personal preference not to include references to Codes of Practice but rather the underlying legal concepts that underpin the code. Not your fault, but the template is looking very tired now.

elsmore95 · 5 July 2018 at 1:57PM

Thanks @IamEmanresu I have added what @LoC123 said in #49 to the Preliminary: The Defendant denies that the Claimant has any locus standi to bring this claim because it does not have a contract with the owner of the relevant land to operate there, and the Defendant puts the Claimant to strict proof.

In 5 i have changed 'reasonable belief' to: UK Car Park Management Ltd is not the lawful occupier of the land. I have strong evidence from the Land Registry supporting that they do not have the authority to issue charges on this land in their own name and that they have no rights to bring action regarding this claim.

I have removed 3.4.1 and 3.4.2 along with: 'The Particulars of Claim are incompetent in disclosing no cause of action.'

And: ' The Claimants are known to be serial issuers of generic claims similar to this one. HM Courts Service has identified over 1000 similar sparse claims. I believe the term for such behavior is !!!8216;roboclaims!!!8217; and as such is against the public interest.'

I am confident with the defence and am looking to submit it today does anyone have the email address i send it to ? Thanks in advance.

KeithP · 5 July 2018 at 2:04PM

I post this most days:

When you are happy with the content, your Defence should be filed via email as described here:

1) print your Defence
2) sign it
3) scan the signed document back in and save it as a pdf.
4) send that pdf as an email attachment to CCBCAQ@Justice.gov.uk
5) just put the claim number and the word Defence in the email title, and in the body of the email something like 'Please find my Defence attached'.

Coupon-mad · 5 July 2018 at 4:32PM

It a DEFENCE (not 'statement').

elsmore95 · 23 July 2018 at 10:32AM

Another update i have sent the Defence to the court and had a letter confirming they have received it.
However i also got a letter from Gladstone solicitors saying that they require a copy of the Defence and that i have to email it to them is this correct? I thought maybe the court would of been the one who would send over a copy if that was the procedure not me personally? All replies are much appreciated thank you all.

Castle · 23 July 2018 at 11:02AM

The court will send them a copy of your defence.

elsmore95 · 2 August 2018 at 11:28AM

Just received a new letter from GS which says they intend to proceed with the claim. The letter also has attached a completed questionnaire however they have requested a 'special direction' that the case be dealt with on papers and without an oral hearing.
They then go on to say it is simply because the mater is in our client's opinion straightforward which is laughable really! And they think I agree that an oral hearing would be disproportionate. What are people's opinion's on this do you think this means they would benefit? should i request a oral hearing?
Finally i want to ask i am aware i need to fill out a questionnaire but where do i get one from? And how do i go about asking for a oral hearing if that is what people think is best fro myself?
Once again i continue to thank everyone for the help and support.

System · 2 August 2018 at 11:50AM

but where do i get one from?

You will be sent one by the court but you can download one from the HMCTS website here

https://www.gov.uk/government/publications/form-n180-directions-questionnaire-small-claims-track

And how do i go about asking for a oral hearing if that is what people think is best fro myself?

You actually don't need to ask. If you fill in the correct form (N180 Oral Hearing) rather than the one GS sends (N159 Paper hearing), the form sets the format.

elsmore95 · 2 August 2018 at 12:19PM

Thanks for the reply IamEmanresu do you think i would be at a disadvantage if I agreed with it to be dealt with on papers obviously it would also save me the hassle of taking time out of work to go to court however how do the paper hearings work? Am i still able to give as much evidence as i would in a hearing against the claimants solicitor who probably won't know anything about the case as its robo claims procedure.
Also i forgot to mention on the GS letter its says: 'our client has chosen not to mediate it's decision is not meant obstructive and is based purely on experience, as mediation has rarely proven beneficial in these types of cases. Not withstanding this, our Client would be happy o listen to any genuine payment proposals that you wish to put forward.'
sounds like the have lost already to me? Should i elect to mediate has anyone had any experience of trying t mediate with a private parking company or is best to just see them in court.
Thanks in advance.

System · 2 August 2018 at 1:35PM

For £800 I'd take a day off work

County court Letter And help with defense

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