Lbc template letter needed!!

Hel3013

Sorry I thought this cbcc letter was just a paper defence so I’ve actually to go to court after I submit this form? Oh I have no idea what I’m doing 😱 I didn’t put a tick to say change of juristricion which I thought if I was to counter claim for expenses which I didn’t tick either I would then have to go to court and could request it to be at my local CC. I live miles away from NH!!

Hel3013

Also I keep reading about bargepole and advised to read but I don’t know what this is or who it may be! Sorry I’ve tried searching for it and nothing comes back!! I’ve been up 2 nights now panicking to get this done properly

Hel3013

Ok so I’ve received claim form from CCBC dated 10/12

I completed the first page of the response pack with my details and ticking the box the top box
“ I intend to defend all of this claim”

I Posted the first page of the form off on 7/12 recorded Del. My understanding is that then gives me 28days to put my defence together from 15th Dec?

My next move was as I thought, would be then to submit all my evidence etc and somebody would look at this and make a decision then.

I did not realise I would ha e to go to court as I’ve not put down counterclaim for expenses etc or asked for it to be seen in a court closer to home?

So to get this correct I’m just sending a brief back with the rest of the response pack including defence letter setting out why Or how I intend to defend this with no other eveidence?

Then I wait for a court date??
Is this right?

Also is it too late to request a Court closer to home now?

I really wish I could afford a solicitor as the lot of them want strung up for all this stress and panic over stupid ticket. I’m refusing to give up to them though. Just want to get this Right!

I’ve also rang CAB to see if they could advise and they knew nothing really and weren’t any help at all!! ��

bargepole

Hel3013 wrote: »

Also I keep reading about bargepole and advised to read but I don’t know what this is or who it may be! Sorry I’ve tried searching for it and nothing comes back!! I’ve been up 2 nights now panicking to get this done properly

Your skills at searching this forum are clearly at the same level as your knowledge of the civil litigation process, i.e. non-existent.

To save you getting your knickers further into a twist, here is the link to the soup-to-nuts instructions for dealing with the whole process: https://forums.moneysavingexpert.com/discussion/5546325/court-claim-procedure-updated-october-2016

You will see from that, that all you do initially is to send a Defence in the approved format - you don't attach evidence at this stage, that comes later.

Once the Court has accepted your Defence, you will receive a Directions Questionnaire, which is the means by which the case gets transferred to your local County Court.

Then comes your Witness Statement and evidence, just ahead of the hearing date, which will be some months away from now. Then you go to Court on the appointed day, and make your argument to the Judge.

You will find plenty of examples of Defences if you search properly on here, and concentrate on recent ones only. Your main defence is the fact that you paid for parking, and the machine failed to print your full registration properly. Therefore any failure to comply with the contractual terms was attributable to the Claimant, not the Defendant, and they have no cause to pursue you for a parking charge under such circumstances.

Do not be tempted to copy some of the 'War and Peace' defences that some people have used on here, trying to quote a load of legal arguments that they don't understand. Yours is a simple case, which can easily be won on the facts.

KeithP

Hel3013 wrote: »

Date on cbcc is 10th and I’ve applied for 28 days

With a Claim Issue Date of 10th December, you had until Monday 31st December to do the Acknowledgement of Service.

Did you do the AoS before 31st December?
Does MCOL show that the AoS has been accepted?


Hopefully you have done the AoS in time, you now have until 4pm on Monday 14th January 2019 to file your Defence.

That's not long at all. Please don't leave it to the very last minute.


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

Print your Defence.
1. Sign it and date it.
   
2. Scan the signed document back in and save it as a pdf.
   
3. Send that pdf as an email attachment to CCBCAQ@Justice.gov.uk
   
4. 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'.
   
5. Log into MCOL after a few days to see if the Claim is marked "defended". If not chase the CCBC until it is.
   
6. Do not be surprised to receive a copy of the Claimant's Directions Questionnaire, they are just trying to put you under pressure.
   
7. Wait for your DQ from the CCBC, or download one from the internet, and then re-read post #2 of the NEWBIES FAQ sticky thread to find out exactly what to do with it.

Hel3013

Lol thank you and thank you for being patient and helping me! I’m laughing as your right I haven’t a clue but rightly I am getting my knickers in a twist!!

I sent off the front copy of my letter with the intention to defend claim box ticked to CCBC within a few days of receiving it with the understanding this gave me 28days from 15th 5 days from date on claim form.

Coupon-mad

Yes, but don't push it that far - human nature is to procrastinate, so crack on and show us your draft defence based on the concise examples posted by bargepole, that you can easily find linked in the second post of the NEWBIES thread.

I also linked a fairly similar thread for you back in August that takes you through everything as they are ahead of you.

Hel3013

I will prepare my forms using the info on this thread tonight and post tomorrow.

I tried using the online system that was on the letter but I didn’t understand how to use it or really what I was doing!!

I then tried to call the helpline for the given site and there was a 45 min queue waiting time.

This is why I chose to do it the old fashioned way by paper & post but have also kept copies of everything.

I hope this doesn’t go against me?

Hel3013

So once I’ve wrote it can I post it on here for you to check? Will they not see it?

Coupon-mad

It's fine as long as they got the acknowledgement of service at the CCBC. You may want to phone to check, and if in any doubt, email them a copy to make sure your time to defend is extended as planned.

Hel3013 wrote: »

So once I’ve wrote it can I post it on here for you to check? Will they not see it?

Yes.

How does it matter, they will see it within days of you filing the defence - it's not a secret!