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Lbc template letter needed!!

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  • KeithP
    KeithP Posts: 41,296 Forumite
    Part of the Furniture 10,000 Posts Name Dropper
    Hel3013 wrote: »
    I will prepare my forms using the info on this thread tonight and post tomorrow.

    Please please read post #16 again.

    There is nothing in there about posting forms.
  • Hel3013
    Hel3013 Posts: 26 Forumite
    Ok thanks for all the advise. This is the defence I’ve put together. I’ve tried to keep it simple for now. Could you help point out any mistakes much appreciated

    DEFENCE

    In The County Court. Claim XXXX

    Claimant: Xx
    Defendant: Xxx (Me)

    I. As the Defendant in this matter I ask the court to see the facts in this case as follows

    II. There was no contract made between the Driver, Keeper of the Vehicle with the Claimant.

    III. An offer/Acceptance occurred and the Fee was Paid

    IV. A ticket was purchased on 4th May 2018 at Time 12:08 Fee paid £1.00 and was valid for one hour

    V. The Vechicle entered the site on 4th May 2018 at a time 12:06

    VI. The vechicle exited the Site on 4th May 2018 Time 12:37 using only 30 mins of the valid purchased time.

    VII. Foremost would the courts consider that human error does not constitute the Claimants fees of £160 plus damages and indemnity costs when as an unrepresented litigant in person I have had anxiety, stress and hours of research to respectfully put this together.

    VIII. Would the court also consider further eveidence that has came to light. Evidence of a faulty Machine on the claimants site.

    IX. Please would the court respectfully receive this defence and all evidence will be and can be brought to your attention if required.

    I believe the facts stated in this defence are true

    Xxxxx date.....
  • Redx
    Redx Posts: 38,084 Forumite
    Eighth Anniversary 10,000 Posts Name Dropper Photogenic
    edited 8 January 2019 at 12:28AM
    doesnt look like an adaptation of a BARGEPOLE defence to me

    it actually looks more like a WS which comes much , much further in the process, in a few months time

    a defence is the legal arguments you are basing your non-liability on, in the third person

    I am not sure what you mean by "for now", you get one shot at it, this is it, no chance to amend it later unless you pay out lots of money to change it, its get it right , first time, no coming back for more

    a WS is your "story" in the first person
  • Coupon-mad
    Coupon-mad Posts: 152,137 Forumite
    Part of the Furniture 10,000 Posts Name Dropper Photogenic
    Not sure why you've written that yourself and not used bargepole's version?
    PRIVATE 'PCN'? DON'T PAY BUT DON'T IGNORE IT (except N.Ireland).
    CLICK at the top or bottom of any page where it says:
    Home»Motoring»Parking Tickets Fines & Parking - read the NEWBIES THREAD
  • Hel3013
    Hel3013 Posts: 26 Forumite
    I thought I had used that version I read a post of how to set it out and then added in facts please is there a link to this I’ve spent the last 3 hours putting this together feel like crying!!! :(
  • Redx
    Redx Posts: 38,084 Forumite
    Eighth Anniversary 10,000 Posts Name Dropper Photogenic
    edited 8 January 2019 at 12:58AM
    Hel3013 wrote: »
    Ok thanks for all the advise. This is the defence I’ve put together. I’ve tried to keep it simple for now. Could you help point out any mistakes much appreciated

    DEFENCE

    In The County Court. Claim XXXX

    Claimant: Xx
    Defendant: Xxx (Me)

    I. As the Defendant in this matter I ask the court to see the facts in this case as follows

    II. There was no contract made between the Driver, Keeper of the Vehicle with the Claimant.

    III. An offer/Acceptance occurred and the Fee was Paid

    IV. A ticket was purchased on 4th May 2018 at Time 12:08 Fee paid £1.00 and was valid for one hour

    V. The Vechicle entered the site on 4th May 2018 at a time 12:06

    VI. The vechicle exited the Site on 4th May 2018 Time 12:37 using only 30 mins of the valid purchased time.

    VII. Foremost would the courts consider that human error does not constitute the Claimants fees of £160 plus damages and indemnity costs when as an unrepresented litigant in person I have had anxiety, stress and hours of research to respectfully put this together.

    VIII. Would the court also consider further eveidence that has came to light. Evidence of a faulty Machine on the claimants site.

    IX. Please would the court respectfully receive this defence and all evidence will be and can be brought to your attention if required.

    I believe the facts stated in this defence are true

    Xxxxx date.....

    looks nothing like this

    https://forums.moneysavingexpert.com/showpost.php?p=74674865&postcount=24

    or this (read his comments too)

    https://forums.moneysavingexpert.com/discussion/comment/74833078#Comment_74833078

    your defence has to address the POC and uses the law etc to tell the court why you are not liable for this charge being made against you, the above is a brief statement of what happened, ie:- a Witness Statement

    I appreciate that the link to the BARGEPOLE concise defence may be different circumstances, but this isnt a legal aid forum and we have no legal training, this is a consumer rights forum about parking , NOT court cases

    you asked for help, so we give it, but if you want legal advice its either pay for it or hope that somebody with legal training in the correct area of expertise takes pity on you, very few volunteers on here have that and they could work this forum 24/7/365 and not keep up , hence why they tend to log in here less and less until they dont bother because the workload is too much

    you asked for an opinion, so I gave you mine, its not a legal opinion and you are free to ignore it, nb:- you havent even used a spell checker on it
  • Coupon-mad
    Coupon-mad Posts: 152,137 Forumite
    Part of the Furniture 10,000 Posts Name Dropper Photogenic
    Hel3013 wrote: »
    I thought I had used that version I read a post of how to set it out and then added in facts (

    But why haven't you simply used bargepole's template in the 2nd post of the NEWBIES thread? There is no need for us to link every time we advise you where to look.
    PRIVATE 'PCN'? DON'T PAY BUT DON'T IGNORE IT (except N.Ireland).
    CLICK at the top or bottom of any page where it says:
    Home»Motoring»Parking Tickets Fines & Parking - read the NEWBIES THREAD
  • Hel3013
    Hel3013 Posts: 26 Forumite
    I do know this and appreciate all the advice I havent got a laptop I’m using my phone to read and type this out so I’m not sure if that hinders me using this site correctly. I know it wasn’t spell checked this was just my first version to see if I was on the correct route! Obviously I’m no where near, Im annoyed at myself as I’m not thick and usually pretty good with researching stuff! I’ll have another go,
    thanks thou it’s better to know than me sending a load of nonsense!!
  • KeithP
    KeithP Posts: 41,296 Forumite
    Part of the Furniture 10,000 Posts Name Dropper
    Hel3013 wrote: »
    I’ll have another go,
    thanks thou it’s better to know than me sending a load of nonsense!!
    That's a good attitude.

    Do not try to rush this.

    Remember, you have the whole of this week to get it right.
  • Coupon-mad
    Coupon-mad Posts: 152,137 Forumite
    Part of the Furniture 10,000 Posts Name Dropper Photogenic
    It hinders you, come off your phone.

    You CANNOT use this forum to defend a court claim by using a phone I promise you it will not work for you. I cannot stress enough that people shouldn't even try to use a phone for this particular forum board, you are making it like walking through mud for yourself.

    Borrow a laptop or go to a friend's house or the library to use a PC. You will see what I mean, when you then click on and view the NEWBIES thread how it should be read. You will see so easily, the example defences in the 2nd post there.
    PRIVATE 'PCN'? DON'T PAY BUT DON'T IGNORE IT (except N.Ireland).
    CLICK at the top or bottom of any page where it says:
    Home»Motoring»Parking Tickets Fines & Parking - read the NEWBIES THREAD
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