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I've been following the old "ignore all letters" advice

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  • Forgive my naivety with the jargon. I'll do more research and amend my defence.

    Thanks

    Yes I would suggest you do that. Work on it, then send s copy in the post to northampton advising them of this, but there's no rush as what you have posted will d o for the moment as Thts adequate for this early stage.

    It's all very well pulling this stuff of the web but its another presenting it and arguing it in a court hearing
    Proud to be a member of the Anti Enforcement Hobbyist Gang.:D:T
  • Stroma
    Stroma Posts: 7,971 Forumite
    Uniform Washer
    The reason why you ask for extra time is to come up with a defence, this is not a race, and you really need to understand what you are writing
    When posting a parking issue on MSE do not reveal any information that may enable PPCs to identify you. They DO monitor the forum.
    We don't need the following to help you.
    Name, Address, PCN Number, Exact Date Of Incident, Date On Invoice, Reg Number, Vehicle Picture, The Time You Entered & Left Car Park, Or The Amount of Time You Overstayed.
    :beer: Anti Enforcement Hobbyist Member :beer:
  • There's no point being all sweetness and nice about it. At the end of the day. This is a decent amount of money. Etc will pull apart a defence that you don't understand and you would struggle to get any help at a hearing if the defence is just a blind copy
    Proud to be a member of the Anti Enforcement Hobbyist Gang.:D:T
  • Redx
    Redx Posts: 38,084 Forumite
    Eighth Anniversary 10,000 Posts Name Dropper Photogenic
    if you look at the pranksters guide, it clearly states it is about PARKING EYE court claims

    hence the reason people are "having a go" at you for blindly copying and pasting the info as your defence to a completely different company (excel) who use different solicitors as well , hence why copy and paste is no good and easily disputed by the lawyer or legal rep they will have in court ! surely you understand this ?

    what you should be doing is copying and pasting into notepad, altering the points to suit the different circumstances you are in, only using it as a basic template but making it apply to your own case

    then you should be seeking help BEFORE submitting anything to the court, as stated its bot a race and more haste , less speed, all rushing will do is allow you to trip yourself up , which you appear to have done already, also showing the opposition that you dont know what you are doing

    you were pointed at the guide as a guide for what you should be doing, not as a copy and paste job without any thought going into it

    kifl has a lot of experience in this are (as do a few others on here) so you need to be accepting the info and help even if it is criticism, as this is about court, not kindergarten !

    good luck
  • bargepole
    bargepole Posts: 3,237 Forumite
    Part of the Furniture 1,000 Posts Name Dropper Combo Breaker
    This is exactly why I disagree with the whole idea of putting template "defences" online.

    You get clueless muppets cut & pasting them, without doing any research, or stopping to consider whether they need to amend any paragraphs to suit their particular circumstances.

    Then they rock up in court and wonder why the Judge rips them a new one, while the PPC gets paid their claim and has something to boast about on their website.

    I have been providing assistance, including Lay Representation at Court hearings (current score: won 57, lost 14), to defendants in parking cases for over 5 years. I have an LLB (Hons) degree, and have a Graduate Diploma in Civil Litigation from CILEx. However, any advice given on these forums by me is NOT formal legal advice, and I accept no liability for its accuracy.
  • bargepole wrote: »
    This is exactly why I disagree with the whole idea of putting template "defences" online.

    You get clueless muppets cut & pasting them, without doing any research, or stopping to consider whether they need to amend any paragraphs to suit their particular circumstances.

    Then they rock up in court and wonder why the Judge rips them a new one, while the PPC gets paid their claim and has something to boast about on their website.

    Quite, i told them to use the site as an idea where to start not just to blindly use it with no idea what it means

    A little bit of time researching what things mean, asking questions and adapting it would have done wonders,
    Proud to be a member of the Anti Enforcement Hobbyist Gang.:D:T
  • Get-Out-Of-Debt
    Get-Out-Of-Debt Posts: 7 Forumite
    edited 17 February 2014 at 2:20PM
    TBF, Parking Prankster did PM me that the PE guide should roughly be the same for Excel, but would need adapting of course.

    LCP Law are not instructed by Excel, so that does need removing from the initial defence. Also, I think where you live in relation to Excel will determine if they themselves attend, see thread no 4875782 (as newbie cannot post the hyperlink), this case was in Sheffield, where Excel are.

    If you live farther away; then this paragraph could then be included to cover potential costs of hiring a rep from a local law firm, but amended accordingly.

    Also check the 'cause of action' as Excel should have stated what it is, e.g. breach of contract. If the cause is given then that paragraph will need removing. You should try, if you can, to find out the landowner and obtain the contract.

    Take away the numbers is [] as thats for your guidance as is the final paragraph about the meaning of a contract, sort of, 'a meeting of minds' to form one.
    I can provide general debt advice
    Areas covered: County Court processes; Magistrates' Court; Welfare benefits (including Housing Benefit); council tax and business rates along with its recovery (such as bailiffs and other forms of enforcement); consumer debt and recovery.
    My advice should always be taken as guidance only.
  • Coupon-mad
    Coupon-mad Posts: 152,504 Forumite
    Part of the Furniture 10,000 Posts Name Dropper Photogenic
    I have sent this OP a better worded defence but she needs to understand what she is submitting or she will lose in court anyway. Needs to calm down and read threads and learn from the info about court claims already in the NEWBIES sticky thread.
    PRIVATE 'PCN'? DON'T PAY BUT DON'T IGNORE IT (except N.Ireland).
    CLICK at the top or bottom of any page where it says:
    Home»Motoring»Parking Tickets Fines & Parking - read the NEWBIES THREAD
  • Coupon-mad wrote: »
    I have sent this OP a better worded defence but she needs to understand what she is submitting or she will lose in court anyway. Needs to calm down and read threads and learn from the info about court claims already in the NEWBIES sticky thread.


    Lets hope she actually looks into it properly and doesnt just copy it , then rock up and loose in court
    Proud to be a member of the Anti Enforcement Hobbyist Gang.:D:T
  • bargepole wrote: »
    This is exactly why I disagree with the whole idea of putting template "defences" online.

    You get clueless muppets cut & pasting them, without doing any research, or stopping to consider whether they need to amend any paragraphs to suit their particular circumstances.

    Then they rock up in court and wonder why the Judge rips them a new one, while the PPC gets paid their claim and has something to boast about on their website.

    You're right I am a clueless muppet - which is why I'm here! I do appreciate all the help, expertise and feedback from you all. I did manage to amend my online defence removing the lpc reference and tailoring it to my particular case. (I'd be happy to share with you all)

    I've also received a PM with further advice which is amazing.

    Thanks.
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