Thanks for the advice erics.

I work long hours and may take some time to respond to posts

however my daughter has not received a response yet to the CPR

so I will wait until Thursday to prepare her defence.

Deadline is 4pm Fri 10th.

If I still have no reply to the CPR request by Thursday then I will use that as part of the defence.

Other pointers will be questioning the reliability of the touchscreen that was not working the day I visited.

My daughter has visited the surgery on umpteen occasions and has said it is often not working.

She admits in the past to forgetting to enter details under duress but is adamant she entered on the day in question.

The parking system is there to protect the availability for surgery patients and to avoid abuse.

She is a patient who had an appointment.

Bringing a newborn for injections is certainly not abusing the system.

CEL have ignored early emails and letters only to respond late in the process.

If I had more time,

the counter claim would have been considered.

This episode has caused a lot of stress to a young single parent with enough problems of her own trying to get by.

Working when she can and trying to manage a new household.

Will update no later than Thursday

at this stage it is an outline for a defence

so something like

the claimant has failed to show locus againt the defendant by failing to respond to a CPR31.14 request for documents showing their authority to manage the site and make civil claims. The defendant denies any breach of contract occurred.

Dont miss the deadline

Everyting else as far as evidence will be in her witness statement and evidence bundle. You can be a witness regarding the faulty touch pad and that means a frustrated contract or no contract

BTW, everythig you say about her circumstances has no bearing on any of this so dont evenr mention it. Sympathy is not a legal matter

Yes Lord Lucan is back to give you an update regarding the above case.

First of all pardon the delay but I was temporary hit for six due to Bailiffs arriving at my door for the same car, same daughter, however totally different parking offence!!!

I will talk about that one some other time

Here is sequence of events regarding the surgery incident

1 Did as advised regarding that CPR letter to CEL.

2 Daughter missed court deadline by 1 day to submit defence [ OH NO !!!]

3 Daughter emailed several times to court to apologise for late submission [no reply]

4 1 Month later... WALLOP CCJ lands to the tune of £395

5 1 week after that reply to previous email stating case being referred to District Judge

6 Today letter arrives from Court that appears at first glance to be very promising ???

Before Deputy District Judge ......... ........... sitting at CCBC Northampton

It is ordered that.

Judgement set aside.

Note, this order has been made without a hearing under the Courts case managements powers contained In the civil procedure rules part 3.

You may within 7 days of the service of this order,

apply to the Court to set aside or to vary the order under part 23 rule 10.

You must file with the court,

and serve on the other parties,

an application that's sets out your reasons for objection.

A fee is payable upon the filing of the application.

When your objection is received the matter will be listed for hearing unless you ask the court to vary the order without a hearing.

I said it looks promising but that sentence regarding within the 7 days apply to set aside?

Is it or is it not already set aside?

them not you.

they wont object

Thanks for reply Dx it does look promising.

that will mean a rehearing so she had better get it right this time.

Now parhaps you appreciate why we prefer to offer advice direct to the person who needs it,

it tends to sink in with them then

but you telling her means that dad will sort out all of the s**t if she doesnt do what is needed anyway.