PCN issued on a private, unadopted road

Umkomaas

2. Should I put "without prejudice" at the start?

That means whatever you have written will not be shown to the court. Not what you need to put at the head of your Defence against the Claim.

jackRlnd

Le_Kirk wrote: »

If you check back over your thread you probably have a post from KeithP where he laid out the deadlines and gave some other helpful tips. If it is the 9th, it will be before the end of the day but as you will be sending it by e-mail, you could send it on Sunday.

yup, just checked and Keith says I have until 10th which give me more breathing room.

He also provided me with the following:

When you are happy with the content, your Defence could be filed via email as suggested here:
Print your Defence.
Sign it and date it.
Scan the signed document back in and save it as a pdf.
Send that pdf as an email attachment to CCBCAQ@Justice.gov.uk
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'.
Log into MCOL after a few days to see if the Claim is marked "defence received". If not chase the CCBC until it is.
Do not be surprised to receive an early copy of the Claimant's Directions Questionnaire, they are just trying to keep you under pressure.
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.

I noticed in the MCOL website when I click on my claim, there is a button to "Start Defence" where it seems to go through a number of steps where I paste my defence. Should I not be doing it this way or is email just the same?

KeithP

jackRlnd wrote: »

I noticed in the MCOL website when I click on my claim, there is a button to "Start Defence" where it seems to go through a number of steps where I paste my defence. Should I not be doing it this way or is email just the same?

Bargepole's 'what happens when' post linked from post #2 of the NEWBIES thread explains why that is not a good idea.

Why do you think I bothered to write post #66 above?

jackRlnd

KeithP wrote: »

Bargepole's 'what happens when' post linked from post #2 of the NEWBIES thread explains why that is not a good idea.

Why do you think I bothered to write post #66 above?

must have forgotten that part. thanks for the reminder

Le_Kirk

jackRlnd wrote: »

I noticed in the MCOL website when I click on my claim, there is a button to "Start Defence" where it seems to go through a number of steps where I paste my defence. Should I not be doing it this way or is email just the same?

Absobloominlootely NOT. Just do what KeithP stated and what you have decided to do.

jackRlnd

Le_Kirk wrote: »

Absobloominlootely NOT. Just do what KeithP stated and what you have decided to do.

yup ... a momentary lapse in judgement.

will be giving it another look through over ther weekend and then email it sunday night with the view to chase it up on monday to make sure they received it

Le_Kirk

You shouldn't need to "chase it up" as you will receive an auto-received email and can then see "defence received" on MCOL.

jackRlnd

Potential spanner in the works. I just did some unpacking and found a letter from the landowner pre-dating the one with one with the actual permit by about 3 weeks:

Please see the attached Car Parking License ... Please retun the licence with your name and address on page 2 and signed (page 9) no later than X if you would like a licence to park along the area shwon in the licence.

As discussed visitor parking will be based on an informal agreement and we will be posting one car windscreen visitor permit to each of the above households.

The parking will be managed by PPC and you will see their sign going up over the coming days.

This licence appears to be for a permanent parking permit, one that I neither signed up for nor received. They did mentioned PPC in this letter however.

Given that I have a visitor permit does this make any difference to my defence with regards to the facft that it was an informal agreement? Also would 'visitor' refer to the driver of the vehicle or the 'owner' of the vehicle?

DoaM

Visitor can only ever relate to the driver. Owner is an irrelevance as there is never any record of the owner. Keeper can be held liable instead of the driver under POFA schedule 4 where circumstances allow and the correct process has been followed.

jackRlnd

Update:

Have received the questionnaire and filled it out as per bargepole's Court Claim Procedure post.

Is there any way this can be scanned and emailed like the defense or does this one have to go out by post?