Pcn small claim but no defence

Redx

if you think its bad now , its going to get worse when you start the full defence and add evidence , witness statements , go to court etc

the criticisms are meant to stop you in your tracks and actually think , the people doing it are volunteers replying for free, they dont have to do so and the staff here at MSE forums wont get involved in your legal case

THE SHOUTY CAPS ARE THERE TO DRIVE THE MESSAGE HOME

by not taking everything onboard from experienced long term regulars you definitely run the risk of not getting the help you deserve

it is better to eat the humble pie because no regular on here expects you to know this topic and the replies are meant to put you on the right track and stop you from making assumptions

when BARGEPOLE etc wrote their posts it was some time back, maybe 18 months ago and things have changed and evolved since then into non-postal methods of sending in defences etc

the OL in MCOL is ONLINE , meaning their MCOL website , but unfortunately its a government site and messes up the formatting plus restricts the number of characters (same as popla) so we now tell people to use a pdf attachment and email to contact them seeing as its now set up for these contact methods

until MCOL and POPLA improve their sites such that its better for the consumer or defendant and these silly restrictions are improved or removed , people on here will look at your posts , adduce that you are heading the wrong way and pull you up on any errors as has happened numerous times in this thread so far

nobody is saying the information and advice here is perfect, but its the best in the country , its free , and you can either accept what you are told or reject it , because it is your court claim , your pcn and your problem at the end of the day

a thicker skin is required if you want help and advice on beating these sc@mmers, and if that means humble pie and acknowledging that the regulars here tell it like it is and sometimes in a coarse or gruff or economical manner , sobeit

all the way through this thread you have been defeatist and hostile and assumed and guessed a lot of things that are fiction and not fact, or got your facts wrong , so we have spent most of this thread putting those issues right by pointing them out to you (SOMETIMES IN CAPS) , perhaps up to a dozen errors or issues so far. you cannot keep doing this as this is a legal matter, it is for VCS to prove their case, or fail

it is YOUR JOB to double check everything and proof read what you write or compose, not ours , then the errors will be pointed out to you to fix , this is how it works. reading more recent court case threads will help you to understand how this progresses and what systems are best to use , including email with a pdf attachment to the CCBC

there is nothing wrong with the replies you were given, in fact , they were concise and highlighted and repeated exactly what you have to do , once the defence is completed

good luck by the way, nobody here wants these sc@mmers to win

System

THE SHOUTY CAPS ARE THERE TO DRIVE THE MESSAGE HOME

Which is not needed. All you need to do is to give the person asking some information. We're all adults here (I think) so can make a decision based on the information presented.

Can't we or are we not allowed and have to follow the MSE diktat?

SophS

Redx - you’re the only one who actually offered the most pointers on a possible defence (as well as correcting my OP for - unbeknownst to me - post transgressions).

And that’s all I actually wanted.

I came as a newbie - to the forum and to the issue - asking if there was a cat in hells chance of defending something I originally perceived indefensible.

E.g an over stay of 15-30 min in a two hour free retail car park that happened back in 2015.
There may/may not have been clear signage. There may/may not have been notice to keeper. I don’t remember.

I followed bad advice of ignoring and discarding all demand letters and can no longer remember a thing about the matter.

Next thing - court claim papers come through the letter box.

So what do I do? I google a solution and all signs point to MSE forums. I post the predicament hoping for some pointers of what could be said in defence of the incident (if at all).

Trying to correctly remember every technical term, reference, legal jargon, procedure etc from dozens and dozens of posts read is actually quite difficult when you’re quickly putting together an initial request for advice.

And instead of either “yeah you can try sumbit XYZ type of defence which you’ll find examples of on XYZ link/forum”.

Or “Nah - sods law just pay up”, I got “you misrefrenced this”, “you spelled this wrong” “you said that wrong”. “It’s not court it’s a BC” “you didn’t use correct punctuation” (ok that last one was an exaggeration but you can see what I’m getting at) - all of which I’m sure the helpful folks who picked apart my requests for help (being seasoned and experienced) knew what I was actually getting at in the first place and perhaps could have forgiven a rookie post. It’s off-putting.

I’m sure they felt they were being helpful critiquing the way I asked for help ...but apart from pointers to links and forums for more info - it didn’t help at all other than to feel belittled for lack of knowledge on the subject.

I too help people day in day out both at work and voluntarily. I would never berate someone for not knowing how to speak, write or asking for help properly or remember everything on a subject they know nothing about. Manners cost nothing at all. And of course - rudeness and shouty caps will get my back up. Especially when being accused of typing something I didn’t.

Can you imagine Martin Lawrence -instead of answering someone’s request for help - picked apart the way they asked it instead? No, I can’t either.

nosferatu1001

You think there is something to defend. There isn’t. You’re seeing something that isn’t there

You’ve been given free advice. Take it or continue to complain and be sarcastic.

KeithP

SophS wrote: »

Can you imagine Martin Lawrence -instead of answering someone’s request for help - picked apart the way they asked it instead?

Who is this Martin Lawrence you speak of?

SophS

*Martin Lewis*

Just waiting on the typo backlash now lol.

Redx

no idea who Martin Lawrence is , probably Lewis

there is a big difference in speaking to people where it is not being recorded , you are not giving out too much information, you are not typing it on a public forum where walls have ears , you are using emphasis , tone of voice , shouting or raising your voice , using gestures and facial expressions etc to get your points across

on forums (which I have frequented for 20 years or more) , we use CAPS , bold type , red characters , underline words , use italics etc to get these points across

I admin and moderate on several forums and do not interfere as long as the people are not hostile or malicious , and you started the hostility on page one of this thread in your sarcasm about those issues we told you about

therefore I have continued to try to explain your errors in a reasonable way , adult to adult , as have most of the replies in here from the regulars

if you read the NEWBIES FAQ sticky thread, its title is mainly in caps, its content has all the options on formatting , coloured text , typeface , font size , CAPS , etc to get her points across

if its good enough for the regulars like CM, its good enough for me and is how I write on forums

I have no interest in MSE diktat , just getting my point across to victims like yourself and I will do it as I see fit , always have , always will

once the basics are put right , we can move on to help you with your defence and court case, including any errors or assumptions or guesswork you have made in your newbieness about this topic

check dozens of other threads and you will see the same being done , without malice , to them all , usually until they see that our way is best

like this one http://forums.moneysavingexpert.com/showthread.php?t=5765962 which has various CAPS , bold and italics etc in it , sometimes from the OP themselves

this isnt a legal forum, you expect too much of unqualified voilunteers here if that is what you are after, and a legal eagle would need to see the case , see the facts from both sides and only then make a decision on what needs to be done , and what to write etc (each case is bespoke) - this would cost you much more than the settlement figure

see this post for clarification of what a lawyer would say or advise (or not advise)

http://forums.moneysavingexpert.com/showpost.php?p=73384380&postcount=6

they need to see all the details before giving advice

there are few legally trained people on here who can tell you what you need to know, when all the facts are known , possibly less than 5 that I know of and possibly only one so far that has replied

the rest of us will point out your errors and any other issues , point you at other threads or the forum search option, anything to help YOU to do your own research

I would NEVER give you legal advice , as I am not trained in it

but after 5 years on here I have read that much and apply an engineers common sense to any topic I can help with on here , and believe me that most of these cases we have seen many , many times before , plus all the basics are in that constantly updated NEWBIES FAQ sticky thread

I have tried to help you all the way through this thread , as have many others , but your constant sarcasm and hostility is wearing down those who have replied , and is putting others off from replying , which badly affects YOU

there is no malicious intent in any of my posts , I was trying to help you by pointing stuff out along the way , but you take it far too personally, its VCS and their legal people you should be aiming it at , not the regulars on here trying to help you

get those basics and facts right and we could try to move on , but so far you are not helping yourself by bringing such hostility to this forum

I decided not to overemphasise on this reply , or most of my previous replies, in the hope that you would take these things onboard

as for CAPS , they are there to emphasise something , as they are in the NEWBIES sticky thread, like a tone of voice or a raised voice when trying to get a point across (and neither MSE or anyone else will tell me not to do it if I believe it needs doing to get a point across)

MSE main page uses all of these methods in the headlines etc

https://www.moneysavingexpert.com/?_ga=2.21417531.1836903738.1514831228-1978678623.1397491114

and https://www.moneysavingexpert.com/latesttip/

Bank bribe bonanza - get FREE £200 to switch, or play it clever and earn a GRAND

TOP FOR NO MIN PAY-IN / M&S SHOPPERS: Free £125 M&S gift card + £5/mth for a year + linked 5% savings.

Martin Lewis does this all the time on the tv , he berates people for doing the wrong thing , he shouts or raises his voice (as in PAY UP , IN FULL) , he patronises people at times , he gesticulates , he really does EMPHASISE stuff whenever I see him on tv at the Trafford Centre or in a warehouse like his current tv programmes , he shouts at them to SCROLL DOWN , tells them to search the internet , tells them off for not switching energy providers for several years and he uses CAPS and BOLD TYPE and coloured text etc on his information whiteboards that he uses

good luck

nosferatu1001

We’re basisically on page three and page two hasn’t moved anything forward.
Maybe the op can get this back on topic...?

SophS

nosferatu1001 wrote: »

You think there is something to defend. There isn’t. You’re seeing something that isn’t there

You’ve been given free advice. Take it or continue to complain and be sarcastic.

See Below

nosferatu1001 wrote: »

MCOL is not email
We would have said it was if it were. But it isnt

You print, sign, scan to PDF and EMAIL IT AS AN ATTACHMENT, same as everyone else does

You're right, if the 1st quote wasnt even addressed to me but to Umkomaas then i have nothing to defend, but you didnt make it clear who you were addressing with your shouty caps.

nosferatu1001 wrote: »

We’re basisically on page three and page two hasn’t moved anything forward.
Maybe the op can get this back on topic...?

The irony of this is not lost on me. You're preaching to the choir here. I was hoping to "move forward" after post 18 however no comment was forthcoming regarding the defence points ....and replies focused what to do "after" defence was completed.
A bit like putting a cart before the horse, i personally would like to sort out the defence to claim and then look into how to send it in, whether that be email, post, carrier pigeon or smoke signals.

nosferatu1001

Whatever. Have fun complaining and being sarcastic.

Oh and you did mess it up. You thought that email has something to do with mcol. It doesn’t. We said email, and for a reason, and you decided that mcol was the same thing and talked about mcol messing up defence formatting (which it does) as a reason to post it. But no one posts it.

If you can’t get past this, then I suggest you just pay up, as you will likely antagonise any court you face.