Court Claim Form

shansw1

Yes your right I do not understand as I am not a solicitor and to be honest a lot of the help on this forum is great for people at the appaeal stage but as for writing a defence letter I have no idea on what grounds I can defend myself...it would be helpful for you to make a suggestion rather than put me down!!

shansw1

Thanks for you suggestion very helpful!

shansw1

The problem is there are no similar cases to mine on the #2 newbies thread

Coupon-mad

You simply:

adapt one of bargepole's from the NEWBIES thread post #2.

bargepole

Coupon-mad wrote: »

Awww that's harsh, bargepole! Bah humbag...!

It is based on a horribly old one though, and the OP should just adapt one of yours from the NEWBIES thread post #2.

Harsh but fair, just like Karren Brady. As you know, I don't shy away from telling it like it is, and as for humbug, I'm looking forward to Jan 2nd when all this Xmas / New Year nonsense and disruption will be over, and we can get back to normal routines.

If I didn't say anything, and the OP went to Court with that Defence, and was asked to explain it by the Judge, he/she would be sitting there opening and closing his/her mouth like a goldfish, and handing a slam dunk win to the scammers. Is that what you want, because that's what would happen.

Whilst nobody can guarantee 100% that the OP will win, or even 99% despite what C-M believes, the OP will stand a much better chance with a properly constructed Defence, which starts off by stating the facts of what actually happened.

shansw1

Hiya Please can I feedback on my defence it has to be submitted today at 4pm via email. The last point in my defence states there has been a breach of CPR as they were writing to me at old address, does anyone one know what part of CPR was breached?



[FONT=&quot]In the County Court Business Centre
Claim Number: XXXXX

Between:
[/FONT][FONT=&quot]
[/FONT][FONT=&quot]Gladstone Limited Claimant v XXXX XXXX Defendant[/FONT][FONT=&quot]

[/FONT]
1.It is admitted that the Defendant was the authorised registered keeper of the vehicle in question at the time of the alleged incident.
2. The facts of the matter are that the defendant is resident at XXXX the land which forms the basis of the current claim has a number of parking bays which the defendant understood to be loading bays, at the time the contravention took place the registered keeper of the vehicle was doing exactly this loading and unloading the vehicle in question.
3. The Original postal PCN dated 07/03/18 was sent to an old address demanding the discounted amount of £60. The defendant couldn’t respond to this as they were not aware. A second PCN dated 16/04/ 18 was then sent to the same old address demanding the sum of £100.00, again the defendant could not respond as they were not made aware. The first the defendant knew of this contravention was on the 20th September 2018 threatening to take legal action if the sum of £160.00 was not paid. The Defendant has the reasonable belief that the Claimant has not incurred £60 costs to pursue an alleged £100 debt. The Protection of Freedoms Act 2012, in Schedule 4, Para 4(5) states that the maximum sum that may be recovered from the keeper is the charge stated on the Notice to Keeper, in this case £100.
3. The defendant asks the court to take the view that she is litigant in person and that the claimant is taking advantage of her by requesting that she pay an excessive amount especially when she was unaware of the original PCN due to the fact it was sent to an incorrect address the claimant was aware of. Therefore there has been a breach of the service provisions in the CPR.[FONT=&quot]

I confirm the above statements are true to the best of my recollection and knowledge[/FONT]
Signed

Date