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Court Claim - ParkingEye - draft defence help

2

Comments

  • Quentin
    Quentin Posts: 40,405 Forumite
    Who are the "we" who are passing exams? This forum doesn't claim to be manned by professionals!

    Very unfair to lord it like this.

    Wonder why we manage so many successes without para legal help in the majority
  • Marin348
    Marin348 Posts: 5 Forumite
    edited 2 July 2018 at 1:26PM
    Thanks for all of your feedback, I will make/have made some of the changes suggested and update accordingly.

    KeithP, I haven't responded to any form or notification yet, but having received the Court Claim Form I thought the defense draft would likely be the first thing to complete.

    I will look into the "Acknowledgement of Service" to see whether this is something else that I need to action.
  • System
    System Posts: 178,375 Community Admin
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    And I might be remembering this wrong, IamEmanresu, but I have it in mind that the long 'Preliminary' paras that we now tell people to 'remove the waffle' came from you at first. Am I wrong?

    Ooops. I'll try to identify more of my waffle and get it removed from the templates.
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  • Quentin
    Quentin Posts: 40,405 Forumite
    Marin348 wrote: »
    Thanks for all of your feedback, I will make/have made some of the changes suggested and update accordingly.

    KeithP, I haven't responded to any form or notification yet, but having received the Court Claim Form I thought the defense draft would likely be the first thing to complete.

    I will look into the "Acknowledgement of Service" to see whether this is something else that I need to action.

    What date was the claim issued?

    You do need to either do an AOS or submit your defence within 14 days of the date of service. All explained in the court documents you have received.

    The AOS is recommended as it gives you a total of 28 days from date of service to put in the defence
  • bargepole
    bargepole Posts: 3,238 Forumite
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    Quentin wrote: »
    Who are the "we" who are passing exams? This forum doesn't claim to be manned by professionals!

    Very unfair to lord it like this.

    Wonder why we manage so many successes without para legal help in the majority

    The "we" I was referring to includes IamEmanresu and myself, both doing CILEx qualifications.

    And as the person who has sat nose to nose with PPC solicitors and eyeball to eyeball with Judges in far more hearings than anyone else on this forum, I make no apology for 'lording it'.

    And I claim a 99% success rate in hearings held on a Tuesday morning, where the Judge's name starts with a letter in the first half of the alphabet.

    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.
  • KeithP
    KeithP Posts: 41,296 Forumite
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    Marin348 wrote: »
    KeithP, I haven't responded to any form or notification yet, but having received the Court Claim Form I thought the defense draft would likely be the first thing to complete.

    I will look into the "Acknowledgement of Service" to see whether this is something else that I need to action.
    If you were to follow the guidance offered in post #2 of the NEWBIES FAQ sticky thread you will find a link to a dropbox file which explains pictorially just how to do the AoS.

    The AoS is definitely something you need to do to buy yourself an extra fourteen days to prepare your Defence.

    Again, what is the Date of Issue on your Claim Form?
  • Marin348
    Marin348 Posts: 5 Forumite
    Issued 18th June, so I know I have to get it returned fairly soon (including the additional 5 days awarded from date of service, plus the 14 days to reply)

    I did spot that there was an additional 14day extension (but hadn't realised this was the AoS) but I'm actually going to be abroad during the period that the extension would offer, so had simply planned to return it in the next day or two, and hope the courts simply don't process it that quickly...
  • KeithP
    KeithP Posts: 41,296 Forumite
    Part of the Furniture 10,000 Posts Name Dropper
    Without doing the AoS, you have until 4pm on Monday 9th July to file your Defence.

    When you are happy with the content, your Defence should be filed via email as described here:

    1) print your Defence
    2) sign it
    3) scan the signed document back in and save it as a pdf.
    4) send that pdf as an email attachment to CCBCAQ@Justice.gov.uk
    5) just put the claim number and the word Defence in the email title, and in the body of the email something like 'Please find my Defence attached'.
  • Coupon-mad
    Coupon-mad Posts: 155,731 Forumite
    Part of the Furniture 10,000 Posts Name Dropper Photogenic
    edited 2 July 2018 at 11:15PM
    Ooops. I'll try to identify more of my waffle and get it removed from the templates.

    I promise to do the same with my waffle. :)
    bargepole wrote: »
    And I claim a 99% success rate in hearings held on a Tuesday morning, where the Judge's name starts with a letter in the first half of the alphabet.
    :T

    :grin:
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  • Hi everyone,

    Thanks for your help in the initial defense. I've just received a small claims mediation form, where ParkingEye have expressed a desire to go down this route.

    I'm happy to use this as it seems like a great way to resolve the issue without the need to waste the courts time (well, any more than PE have already required) - but I just wanted to get your opinion on it, and also any pointers for when it comes to the recovery of expenses/time already spent (I'm a contractor and with the previous dates falling around time I needed to be abroad, I had little option other than taking a day off to get everything in order - incurring direct cost).

    Thanks again
    Mike
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