Claim Form

System

Have you done an AOS? If not, and if you are having a problem logging in, then do it by email and then check it has been acknowledged by calling the court.

Of call the MoneyClaimHelpline and get them to sort out the claim number / password / where to send the defence issue. Sometimes a simple solution (calling MCOL) is best.

KeithP

BREAKTHROUGH wrote: »

I know an email address was given above to where the defence should be emailed, however do I also upload it to the MCOL website?

No you do not.

The reason is clearly explained in post #2 of the NEWBIES FAQ sticky thread.

BREAKTHROUGH

Thank you all for your help so far. Login issues sorted and now reading post #2 of the NEWBIES thread.

BREAKTHROUGH

Hello All,


I have read most of post #2 of the NEWBIES thread but I cant see anywhere that states its better to email my defence than to upload it to the MCOL website. Also, I am unsure what to write in the said defence especially since I was never parked where the PCN refers to or know why I received this in the first place. Oh my, I'm so lost and confused.:( I will try an upload what I have written so far but I know its not much of anything to be honest and may not get me very far but I've tried.

KeithP

Here's a quote from Bargepole's walkthrough linked from post #2 of the NEWBIES thread:

...trying to fit it in the online box destroys the formatting, and makes it hard for the Judge to read.

Have you now done the Acknowledgement of Service?

Have you read any of the Defences linked from post #2 of the NEWBIES FAQ sticky thread to get an idea what's expected?

System

Also, I am unsure what to write in the said defence especially since I was never parked where the PCN refers to or know why I received this in the first place.

Have they pics of your car there? If they have why have they pics of your car there?

If not, your defence is the simple truth. The Defendant was never at xxxx on xxxx and puts the Claimant to proof it was their car and that the defendant was driving.

Why make it anything else IF as you say the car was never there. Judges want the facts and not templates.

nosferatu1001

Indeed, if the vehicle wasnt there, they dont have photos of it being there at that day and time, then you have a fairly simple defence

If they have nothing ot show it was theref,and they have to PROVE THEIR CLAIM FIRST, you point out ther eis no case to answer in any hearing.

BREAKTHROUGH

I have never received any photos of my car being parked in said place just a ticket saying it was there at a time and date. So I am really unsure about it and from what I noticed, loads of people park there anyways as its next to a school. I have made a very simple defence which I will be posting shortly and open to advice. Thank you all so far.

Umkomaas

BREAKTHROUGH wrote: »

I have never received any photos of my car being parked in said place just a ticket saying it was there at a time and date. So I am really unsure about it and from what I noticed, loads of people park there anyways as its next to a school. I have made a very simple defence which I will be posting shortly and open to advice. Thank you all so far.

Have you checked their website for photos?

Why not send them a SAR asking for all information they hold about you and your vehicle - which should include any photos they hold?

https://forums.moneysavingexpert.com/discussion/5849784/june-2018-start-of-the-new-ppc-and-dvla-fightback-gdpr-related

System

I have made a very simple defence which I will be posting shortly and open to advice

There are 3 documents a defendant has to prepare. The first is a defence which should be simple and lays down the issues. No need for any elaboration as you rebut the particulars as you understand them, as laid down in the box on the claim (middle left)

In 5 months time, you'll be asked to provide a Witness Statement giving the factual detail and then the supporting evidence that you have gathered from them, the DVLA and Land Registry if needed.

Then a few days before a hearing, after seen their "evidence", you put the arguments together in a Skeleton.

Some of the templates you'll see here tries to shoehorn all three documents into one which is a mistake in that a) defendants rarely have all their evidence and b) defendants rarely have seen the parking companies evidence. So templates tend to be at best hit and miss. At worst detrimental to winning.

Keep it simple; follow the process; keep to the dates; do your research; and wait till you see their hand.