SCS Law court threat

beamerguy

Dan_8 wrote: »

Ok thanks i've read through ir, so they are claiming £459.84 for the PCN i have 4 in total but it reads like the claim is for only one.

I'll post up my full defence if i could have any help with how to improve structure it , that would be great

What did their letter before claim say

KeithP

Dan_8 wrote: »

I'll post up my full defence if i could have any help with how to improve structure it , that would be great

You are now at the stage of writing a Witness Statement, not a Defence.

There are several example Witness Statements linked from post #2 of the NEWBIES thread.

Coupon-mad

£459.84 can't possibly be for one PCN. That's a strange figure; how is it broken down?

Dan_8

There seems to be 2 letters of claim , debt is £160, Interest £27.48, Court Fee's £25,Estimated Solicitors fee £50. The other one is the same but £28.71 interest .

Dan_8

Ok i've read through the claim frorm again it is for 4 PCN's combined

beamerguy

Dan_8 wrote: »

There seems to be 2 letters of claim , debt is £160, Interest £27.48, Court Fee's £25,Estimated Solicitors fee £50. The other one is the same but £28.71 interest .

Is that £160 for each ticket ????

Dan_8

On the letter from BW Legal but the actual claim form says 459.84 for various PCNS , (4 in total)
Break down is £200 PCN's, 8% interest £54.84, £120 contractual costs pursuant to PCN terms and conditions, £35 Court fee, Legal representative £50. Total £459.84

Dan_8

This is the wittness statement i was going to use, ill post up my full defense as well, any pointers would be a great help.

In the County Court at XXXX
Claim No. XXXX
Between
XXXX(Claimant)
and
XXXXX(Defendant)

---

Witness Statement

---

1. I am XXXX, of Adress, Postcode, the Defendant in this matter. I will say as follows:

2. I am a resident at XXXXX, and attach evidence of this in the form of a tenancy agreement Exhibit A.

3. Between the dates XXXX, I parked my vehicle registration no, XXXX in the car park and my allocated parking space.

4.As a resident my tenancy agreement shows nothing in regard of any parking restrictions or permits . Evidence of this is contained in a tenancy agreement provided by Exhibit A.

5. As a resident i wasn’t informed of any parking restrictions, the Signage was originally difficult to see and as of DATE non existent. Evidence of this is contained in the photographs Exhibit B.

6. It is my position that, under the doctrine of promissory estoppel, the Claimant has no standing, or cause of action, to litigate in this matter.

7. I invite the Court to dismiss this claim in its entirety, and to award my costs of attendance at the hearing, such as are allowable pursuant to CPR 27.14.

Statement of Truth

I believe that the facts stated in this Witness Statement are true.

Signature
Date

Coupon-mad

Dan_8 wrote: »

On the letter from BW Legal but the actual claim form says 459.84 for various PCNS , (4 in total)
Break down is £200 PCN's, 8% interest £54.84, £120 contractual costs pursuant to PCN terms and conditions, £35 Court fee, Legal representative £50. Total £459.84

That is for two £100 PCNs, not four.

Look at BlueNine's thread for pointers as to adding in what you need to say and show as evidence, to stop the added 2 x £60 that ARE NOT RECOVERABLE but only if you tell your Judge why not.

Dan_8

Ok thanks i've read through it add will add a couple of points, i don't really know hoiw to address the signage issue as the signs have been taken down, i've taken pictures of the fact there are no signs. On the most recent letter they claim the car park is marked with signs and monitored , neither is true and hasnt been for at least 2 years.