HELP - County Court Claim Defence

AnonymousDM

*I have read around some of the posts on here and seem to be struggling to understand the terminology and specific scenarios, I understand my answers may be out there somewhere but I am lacking time at the moment for research so please kindly advise.*

First of all, I received a parking fine in November 2016 that claimed I had not 'paid and displayed' or had overstayed what I had paid for but the only evidence they had were photos of my car (with the number plate) entering and leaving the car park with the times attached, I did not recall not paying and displaying or overstaying so I appealed the fine asking for proof of my car dashboard with no ticket/ the time the ticket became invalid and also suggested if they couldn't provide it that they should cancel it. They then responded saying the evidence was sufficient and continued to ask for payment of the £160 as the discounted that had passed, which as a student I was not willing to pay.

I then decided decided to ignore any letters that were sent as at the time I had read around forums being advised to do so, the debt was then passed on to BW Legal who then started sending letters threatening to take me to court. I further ignored these also. Up until last month (Dec 2017) or November, I hadn't heard from them and thinking that was the end of it, they sent me a 'before court claim' letter which I also ignored.

On the 5th Jan 2018 I received a 'County Court Claim' from Northampton, I responded on the 6th Jan to acknowledge service and intention to defend "All of claim".
Today is day 18 since the original claim meaning I have less than 10 days to defend my claim as i have have waited to finish my uni exams to do this. Based on this could someone please advise me on how to write a defence I would kindly appreciate it. Thanks.

Redx

just read post #2 of the NEWBIES FAQ sticky thread at the top of this forum, then draft your defence based on what you find in there, and post it on here for critique

until you do this, you wont get feedback on your proposed defence

AnonymousDM

Hi,
Is there a website/service I can pay that can draft a defence for me in less than a week?
thanks

Quentin

Beware of any private messages you now may get from lurkers here offering their services - they may not be who they seem to be!

AnonymousDM

Thanks, are there any credible sources taht I can actually use?

waamo

AnonymousDM wrote: »

Thanks, are there any credible sources taht I can actually use?

Yes. A thread at the top of this forum tells Newbies to read it first. It contains step by step details of the court process and links to successfully defended claims along with examples of defences and witness statements.

It’s the best resource there is.

Fruitcake

You need a lot more points than that.

Not the landowner, no standing to issue charges/court claims in their own name, inadequate signage, non POFA 2012 compliant NTK (if applicable) to name a few.

AnonymousDM

UPDATE: Please let me know of specific points/cases/laws I can add to my defence based on my orignal post and let me know if what I have done so far is acceptable/ adequate, thanks:

IN THE COUNTY COURT

CLAIM No: XXXXXX

BETWEEN:
BW Legal (Claimant)
-and-
To be entered (Defendant)
________________________________________
DEFENCE STATEMENT
________________________________________
The defendant intends to defend all of the claim for “Parking Charge Notice (PCN) issued on 08/11/2016 (issue date) at 13:10:37 at Albert Street Birmingham Anpr Vcs Differential Charge Scheme”
1. The defendant appealed the Parking Charge Notice on 14/12/2016, and asked for further evidence of not displaying a valid parking ticket on his dashboard as the only provided evidence was photos of the vehicle’s entry and departure of the parking site with time stamps. The PCN then failed and refused to provide the requested evidence and further requested the large disproportionate charge to any deemed losses that occurred.
2. The Claimant’s representatives, BW Legal, have artificially inflated the value of the claim from £60 to £160. The Defendant submits the added costs have not actually been incurred by the Claimant; these are figures plucked out of thin air and applied regardless of facts, as part of their robo-claim litigation model, in an attempt at double recovery, circumventing the Small Claims costs rules. Further, BW Legal appear to be in contravention of the Solicitors’ Regulation Authority Code of Conduct.
3. The defendant was aggressively harassed with letters from BW Legal who took over the supposed debt even though adequate proof had still not been provided by the claimant.
4. Under the Protection of Freedoms Act 2012, Schedule 4, a registered keeper can only be held liable for the sum on a properly-served Notice to Keeper (NTK). VCS do not use compliant NTKs, failed to serve one and cannot hold a registered keeper liable.


I believe the facts contained in this Defence Statement are true.
Signature and date

Coupon-mad

Thanks, are there any credible sources that I can actually use?

Not that we know of; have a look at Trust Pilot reviews if you are wondering. Don't get ripped off.

4. Under the Protection of Freedoms Act 2012, Schedule 4, a registered keeper can only be held liable for the sum on a properly-served Notice to Keeper (NTK). VCS do not use compliant NTKs, failed to serve one and cannot hold a registered keeper liable.

You can't have the above, if you are saying that the driver appealed 'and asked for further evidence of not displaying a valid parking ticket on his dashboard'.

BETWEEN:
BW Legal (Claimant)

Wrong claimant - needs changing; BW are not the Claimant, they are only the solicitor firm acting for the claimant (VCS, we assume, or is it actually Excel?).

DEFENCE STATEMENT

Should just be: DEFENCE

Why don't you simply search the forum for one someone wrote in 2017? Suggested keywords:

BW Legal defence pay display

or

VCS Albert Street defence

We know that the signs at times at Albert Street had the wrong company name on, not sure when it changed but you should put the Claimant to strict proof:

http://parking-prankster.blogspot.co.uk/2017/03/bw-legal-discontinue-albert-street-claim.html

http://parking-prankster.blogspot.co.uk/2017/02/vehicle-control-services-discontinue.html

Show us your next draft by the weekend, you have time to add more, copied from other threads.

System

AFAIK in Nov 2016 they were Excel signs. This will be clear when it gets to the WS in 6 months time - but you have to get there.

The contract they produce is dodgy too.

AnonymousDM

I have now received a letter from the County Court Northampton claiming that both I and the claimant have "failed to file the Directions Questionnaire with the CBCC by the date specified by the notice". I now have 5 days to submit one
1. Im pretty sure I didn't receive a notice... what are the odds of both the defendant and claimant failing to file one.

2. "Do you agree to this case being referred to the
Small Claims Mediation Service?" should I agree to this and consult with a mediation team to try and settle the claim.

3. "Do you agree that the small claims track is the appropriate track for
this case?" do i agree to this

4. "Are you asking for the court!!!8217;s permission to use the written evidence of
an expert?
Yes No
If Yes, state why and give the name of the expert"

Any advice appreciated.