Defence due 4pm Monday 20th Aug

Trabar

Coupon-mad - OK thanks. I had requested certain evidence (as per template provided on here) in my response to their LBC. They've either refused to provide it (giving various reasons for their refusal) or they have provided an alternative version of what I requested.

Coupon-mad

That will be useful evidence of their unreasonable conduct, for you to paint a picture at the hearing in the end, to try to get higher costs granted, like Flying Horse did (read his thread, he got over £500 in costs!).

Trabar

Hi, I cannot alter the thread title. Although the newbies section advises a new thread should be started if court papers are received, another member advised against starting a new thread if an orginal one already exists. Should I continue with this thread or begin anew?

KeithP

Trabar wrote: »

Hi, I cannot alter the thread title. Although the newbies section advises a new thread should be started if court papers are received, another member advised against starting a new thread if an orginal one already exists. Should I continue with this thread or begin anew?

Please continue with this thread.

You can change the thread title if you want to by:
1) click on edit post on your opening post on the thread,
2) click on go advanced and then type whatever you want into the title box,
3) save changes.

Trabar

OK, claim papers rec. and response submitted on MCOL. I understand the message on here about there being 'no silver bullet' etc. Currently wading through examples of defences but would be grateful for any specific pointers.

Circs were:
An over-stay (i.e. over 10 mins).
(1) The large car park in question also has council ticket machines.
(2) A ticket was purchased from one of these machines (with many hours to spare) but the car was then mistakenly parked in a bay with a minimum stay limit.
(3) If the purchased ticket from the council machine is still available - can it (or should it) form any part of the defence?
(4) Various letters (pursuing me as keeper) were not replied to until LBC stage.
(5) I responded at LBC stage and received a response to my response.

Should the first part of my defence be to pick apart their response?

KeithP

Trabar wrote: »

OK, claim papers rec. and response submitted on MCOL.

Tell us more about 'response submitted on MCOL'.

Hopefully that means to have done the Acknowledgement of Service as described in post #2 of the NEWBIES FAQ sticky thread, and nothing else at all was put in any of the boxes.

What is the Date of Issue on your Claim Form?

Save your purchased ticket for the evidence and witness statement stage later.

You now need to read the many sample Defences available.
Start by reading those linked from post #2 of the NEWBIES FAQ sticky thread.

Trabar

KeithP wrote: »

Tell us more about 'response submitted on MCOL'.

Hopefully that means to have done the Acknowledgement of Service as described in post #2 of the NEWBIES FAQ sticky thread, and nothing else at all was put in any of the boxes.

What is the Date of Issue on your Claim Form?

Save your purchased ticket for the evidence and witness statement stage later.

You now need to read the many sample Defences available.
Start by reading those linked from post #2 of the NEWBIES FAQ sticky thread.

Yes, correct re AoS. No other boxes completed. Just confirmation of intention to defend in full.

Is there a risk of being ID'd by the PPC by providing exact date of issue? Mid-July is a pretty accurate description for date of issue.

The thing is, this ticket keeps turning up then disappearing. Unfortunately, I cannot guarantee it will be found again.

KeithP

Trabar wrote: »

Is there a risk of being ID'd by the PPC by providing exact date of issue?

No. Hundreds, if not thousands, of Claim Forms are issued every day.

Trabar

Are there any helpful pointers for searching defences on here? I've tried the advanced search facility for both posts and threads - but I'm not having much luck at narrowing down the results to a relevant defence. I've already tried typing in 'overstay defence' 'overstay defence excel' etc. Most of the results refer to 'BW Legal' - But they're not involved in my case.

Trabar

If there are only two people insured to drive a car, can this cause difficulties for the keeper's defence at court?