MET ANPR PCN Claimform - overstay - ignored everything - (346) SOUTHGATE PARK STANSTED CM24 1PY ***Claim Discontinued***

[dx100uk]

usually...that is if they decide to go fwd, and the claim doesnt get autostayed...(2-3mts..start cheering)

but you need to get reading a good few pcn claimform threads.

about 20+ a day then you'll know everything

we dont nursemaid esp as now you are in a down period .

CAG are predominantly self help

dx

[FTMDave]

If you read this short thread you will see all the stage of the court procedure and will be able to see what comes next  https://www.consumeractiongroup.co.uk/topic/406892-highview-parking-anpr-pcn-claimform-urban-exchange-manchester-claim-dismissed/#comments

[wisniawy]

Hi there

Merry Xmas to everyone involved hope you had a good one .

Now back to real life .

I have send CPR to solicitors I guess I have to file the defence

I have about a week until next Friday .

Is that something you can help me with as you said earlier my case is slightly different as it was overstayed .

Is there also a template ? 

Edited December 27, 2023 by dx100uk
unnecessary previous post quote removed

[honeybee13]

Yes there's a template.

If you go back to the link in my post #2 you have a suggested defence after the questionnaire part. Have a look at whether it matches your case and post up what you plan to send to the court so we can help.

HB

[wisniawy]

thank you . I missed that link initially

it’s a great text and there is a template that’s correct .

If I was to use that template and point all 6 key things / points am I allowed to do it?

Will I not be just another person who send exactly same defence to court ?

Or is common that a lot of ppl just use same lines for defence. 

Edited December 27, 2023 by dx100uk
unnecessary previous post quote removed

[FTMDave]

It's common for claimants and defendants in cases which are very similar to post almost identical Particulars of Claim and defences.

[wisniawy]

I am reading a lot of threads at the moment so be in touch tmrw with couple of questions. I guess it’s bit late now .

[dx100uk]

its a generic default coverall bland defence .

so file it.

up to you most of us are here late always.

dx

[wisniawy]

Good to know thank you . I usually go sleep around 3am lol 

A lot of it overwhelms me a bit I hope o won’t crumble lol if it gets to WS or the actual hearing though 

Edited December 28, 2023 by dx100uk
unnecessary previous post quote removed

[dx100uk]

just type no need to keep hitting quote......

makes a topic twice as long as very diff to find replies on phone screens.

 

dx

 

[wisniawy]

Hi Back from work finally.

Just to reassure myself a bit

can I pretty much use default defence template highlighting them 6 key points .

Now do I print and post to that Civil National Business centre or email .

Is that template ok on my overstayed PCN ?

I guess in Stansted it’s always same case and same defence ??

Isn’t? 

[FTMDave]

dx has already explained what to do in post 16.

 

[dx100uk]

simply copy and paste the generic defend into mcol after hitting file a defence

you are NOT counterclaiming .

dx

 

[wisniawy]

 

1.  It is admitted that Defendant is the recorded keeper of [motor vehicle].

 

2.   As held by the Upper Tax Tribunal in Vehicle Control Services Limited v HMRC [2012] UKUT 129 (TCC), any contract requires offer and acceptance.  The Claimant was only contracted to provide car park management services and is not capable of entering into a contract with the Defendant on its own account, as the car park is owned by and the terms of entry set by the landowner.  Accordingly, it is denied that the Claimant has authority to bring this claim.  The proper claimant is the landowner

 

3.  It is denied that the Defendant breached any terms and conditions set on private land.

 

4.  It is denied that the Defendant entered into a contract with the Claimant, or broke any such contract.

 

5.  The Particulars of Claim is denied in its entirety.  It is denied that the Claimant is entitled to the relief claimed or any relief at all.
 

 

 

Is that ok to send as defence in my case ? Whether I was overstayed it makes no difference right as my line of defence is against landowner ? Also in point 1 do I put make model and reg number ? Or just make and model 

 

thanks and Happy new year by the way 

[FTMDave]

That's fine.

You will be able to flesh all this out and make the arguments specific to your case later on in your Witness Statement.

Just the registration number in (1).

[wisniawy]

Perfect thank you . Does it make a difference to wait until last minute to file it ? I guess not 

[FTMDave]

Not really.

Probably the 6th is about right.  Not at the last minute just in case there are hiccups.  But near the deadline so you show MET you're not scared and are in control of the situation.

[wisniawy]

Hello guys 

just finishing MCOL defence and on page 5out of 7 asks for additional details. Do I provide my phone number or email to court or should just leave it blank as obviously they have my address and name 

thanks 

[dx100uk]

yes

[lostthebrick]

I left it blank on mine as didn't want Met Parking or their sols ringing or emailing me.  

[wisniawy]

Thank you that’s what I thought 

cheers 

[dx100uk]

no you always PUT your full details on MCOL or on anything to the court.

its only when you send stuff like the N180 you omit those on the copy YOU send to the opposition...

[wisniawy]

Well it’s too late now . They have my name address and DOB . It did say additional details on form like phone number and email but it was not mandatory so I left it . I guess they have to contact me by post if anything now right? 
 

„lostthebrick”  you did the same isn’t ? 

[lostthebrick]

Yes, I did the same, as email and telephone were optional. 

[wisniawy]

Well I guess it’s gonna be waiting game for both of us .

As others mentioned earlier it takes court about 2-3 months for next step right?

I wonder if I am foreign originally can I request on the actual hearing a translator?

Does anyone know what is the law about it.

I haven’t got a problem writing but when it comes to a physical hearing obviously I would feel more comfortable and confident with a translator. Hey ho . Why not ? That’s what I thought