Millenium Parking Services Swansea Arvato (103)

[dx100uk]

please note your corrected defence filing date

pop up on the MCOL website detailed on the claimform.
.
 register as an individual
 note the long gateway number given
 then log in
. select respond to a claim and select the start AOS box.
. then using the details required from the claimform
. defend all
 leave jurisdiction unticked.
 click thru to the end
 confirm and exit MCOL.
.
 get a CPR 31:14 request running to the solicitors [if one is not listed send to the claimant]https://www.consumeractiongroup.co.uk/topic/409718-cpr-3114-request-to-use-of-receipt-of-a-ppc-private-land-parking-court-claim/

.type your name ONLY

no need to sign anything
.
you DO NOT await the return of paperwork.
you MUST file a defence regardless by day 33 from the date on the claimform [1 in the count]

[Joe916]

Done the MCOL.

I guess the CPR31.14 needs to go by post not email? Proof of posting needed or anything?

Thanks

 

[dx100uk]

I wold you only have 33 days to file a defence its now day 18 bit late ideally should go as soon as you get the claim.

 

[Joe916]

Been busy, didn't realise it needed to be earlier sorry.

I could post tomorrow, or better to do it Monday to get proof of posting?

Not by email?

Thanks

[Joe916]

Can't find 'Case No'. Is it the solicitors reference number, or the Claim No?

Joe.

[dx100uk]

 

no never use email

just gives them a free way to harass you or sneak docs in a 1 min to midnight deadlines

claimform

[Joe916]

Ok, thanks.

Sorry, do you mean the Case No for the CPR31.14 is the Claim Number?

Thanks.

 

Edited March 10, 2019 by Joe916
clarification

[dx100uk]

is it a case in a court claim ....

you've been here since last july

you seriously should be using the downtime between stages to READ UP on like topics here

CAG is self help too!!

[Joe916]

As the CPR is going to the Solicitor, thought it might be their reference.

Sorry, I've got a 6 month old daughter, I'm a carer for my 90 year old dad, I've had to move house, and I'm struggling with this. I've read some, but don't recall anything telling me this. Sorry if I've missed it.

Appreciate all your help.

[dx100uk]

as long as you are focussed that's ok.

we just get so many people here that think its simply follow a few instructions and send a few templates and it will all be sorted and ok and go away..

 

dx

[brassnecked]

Seriously get a grip or a Default CCJ is a certainty, you have registered on MCOL, and done what DX says about ack claim and ticked Defend All? That CPR needs to be gone , and you need to look at a defence around they are suing under a wrong head, as in

Can be no breach of Contract as action uauthorised parking  no permit on display is a prohibition so no contract to breach in this case, or something similar.  Look at ericsbrother's responses in other threads Defence needs to be simple at this stage, no more than a Skeleton argument in a few lines, even just three. 

 

Millenium would probably invoice a pushbike if it had a reg number and was chained to railings.

[Joe916]

Yes, as I said above, I've done the MCOL, Defend all. I assume 'ack claim' is Acknowledgement of Service?

 

Missed today's post now, searching for whether it's better to send a day early, or wait & get proof of posting. I'll send it tomorrow morning with proof of posting unless anyone suggests a better option.

 

Finding the new forum really slow. Always getting 'waiting for googleads.g.doubleclick.net'.

 

Thanks.

[ericsbrother]

this is the stage that many peopel give up, they think that you need to write a boo in latin to beat a claim and you dont. You know what your defence to the claim is because that is what has been discudded for the past 6 months, nothing has changed in that respect.

Now, aqcknowlegde the claim online via the moneyclaim portal and if you want to put in an outline of your defence then do so.

Simply say that there was no offer of a contract so there cannot be a breach, the signage at the site is prohibitive in nature so not a genuine offer of terms.

 

That will do for the moment, everything else you want to add to this just pads out that argument and it is a winner, later on you will refer to other cases where this has shown to be the case. It will be polite to send a copy of this to Millenium's solicitors but not an absolute necessity if you have filed online as they can just look at their control panel anyway.

[Joe916]

Thanks EB. Acknowledged the claim with MCOL, but not put in an outline of defence yet. I believe I have more time to do this. Is that correct?

 

I'm busy most of today, but I will do it tonight if necessary. 

[ericsbrother]

you had 32 days from the day the claim was issued so if 12 days have elasped you have another 14 days plus time for the response to work its way through the postal system. If you sent your CPR 31.14 request off at the very beginning then you could send in your outline defence at the last moment and include  a statement saying you do not belive they ahve the authority to be there etc as they have failed to producesight of the contract, the planning permission etc. you can still add thsi to your actual defence but never wait for them to respond at the risk of missing your deadline.

They will behave unreasonably and hope to get away with it so make sure you do everything correclty and that way you have grounds for complaint and asking for the claim to be summarily dismissed without a hearing. ( unlikely to happen but does occur if they ahve been very lazy or naughty)

[dx100uk]

post 51 tells you your timeline 

[brassnecked]

Being busy won't cut it, you must make time and do it ASAP.  Many Default CCJ results from procrastinating and putting things off next thing you know deadline for defence passed and it's Default on it's way with a smug happy parking Cowboy gloating about money they shouldn't have been able to get, and were never entitled to demand in the first place.

Edited March 10, 2019 by brassnecked

[Joe916]

I've sent off the CPR with proof of posting.

 

I believe I should now add to my defence on MCOL, saying "There was no offer of a contract so there cannot be a breach, the signage at the site is prohibitive in nature so not a genuine offer of terms."

 

Do you think I should add "In addition, the photographic evidence supplied fails to show the corner of the screen where the pass was displayed."?

 

I can then add further to my defence later I believe?

 

Thanks,

[dx100uk]

No you can only file ONCE

[Joe916]

So I should wait to receive a response from the solicitor, so long as I submit my defence by the 22nd?

 

Thanks

[Mrs O'Frog]

If you're waiting for information from the PPC/solicitor that's relevant to your defence, still get ready and have as much drafted as you can.

 

Work on the assumption that they are not going to reply in time, so you put notes in about not being given full information, sparse particulars of claim etc and request that you be given leave to submit an amended defence once you have all the details of the claim that you have requested from them.

 

If their reply does come before 22nd then you can slot in points and amend your defence before filing.

[ericsbrother]

as already said, their failure to respond to the CPR can be used against them but you dont wait for it, you can still use that stick later.

 

Your outline defence is fine, no need to add the detail you have suggested, it may tie you to a particular point that isnt that important and thus lead you down a blind alley.

 

Your photo may well completely stuff them later when the lack of breach is expanded upon but is part of only 1 facet of your argument

a general point is good at this juncture.

 

Now what Mrs O'Frog has pointed out is that you can rubbish the wording for the claim as for example not saying whether it is for money due as a contractual agreement or for breach of contract,

 

the POC is too vague to show a cause for action against you as it failed to say in what capacity you are being sued etc. again 

 

this wont be a magic bulelt but it will usually cause the judge to look at their claim with a jaundiced eye and make them prove every aspect of it, esp if they have employed a solicitor to prosecute it as they should know what is what That will place you at a slight advantage on the day if it gets as far as a hearing.

[Joe916]

Nothing yet received from Solicitor. Tomorrow (22nd) is my Date to Submit Defence. Should I wait for tomorrow's post before submitting? Post usually comes late morning.

 

My defence so far - please amend as you see fit:

 

1.       There was no offer of a contract so there cannot be a breach, the signage at the site is prohibitive in nature so not a genuine offer of terms.

 

2.      The driver did not agree to pay the PCN.

 

3.      The Particulars of Claim are sparse, and do not state whether it is for money due as a contractual agreement or for breach of contract.

 

4.      The Particulars of Claim fails to state in which capacity I’m being sued.

 

5.      I have not as yet received information requested from the claimants solicitors. I request leave to submit an amended defence once I have received a satisfactory response.

 

Thanks all.

[dx100uk]

you don't need to request leave or amend

 

just file our usual 2 or 3 lines one don't add to it.

more is less

[Joe916]

Sorry if I've missed it dx, but what are the usual 2 or 3 lines?

 

Thanks.