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County court defence help

24

Comments

  • Coupon-mad wrote: »
    Say what now?


    Im guessing I can loose this section then?

    It's not something I understood but is in the Bargepole template.
  • KeithP
    KeithP Posts: 41,296 Forumite
    Part of the Furniture 10,000 Posts Name Dropper
    You have two paragraphs numbered 5 in your Defence.
  • robfitch8
    robfitch8 Posts: 14 Forumite
    edited 7 February 2019 at 10:03PM
    Yes the AOS was completed in the first week, It has just all crept up very quickly with work commitments.

    Re-numbered paragraphs already,

    thank you again
  • Coupon-mad
    Coupon-mad Posts: 160,067 Forumite
    Part of the Furniture 10,000 Posts Name Dropper Photogenic
    edited 7 February 2019 at 10:38PM
    It's not something I understood but is in the Bargepole template.
    No, it isn't. You removed the menu of choices!

    Were loose...
    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
  • "3. The Particulars of Claim state that the Defendant !!!8220;was the registered keeper and/or the driver of the vehicle(s)!!!8221;. These assertions indicate that the Claimant has failed to identify a Cause of Action, and is simply offering a menu of choices. As such, the Claim fails to comply with Civil Procedure Rule 16.4, or with Civil Practice Direction 16, paras. 7.3 to 7.5. Further, the particulars of the claim do not meet the requirements of Practice Direction 16 7.5 as there is nothing which specifies how the terms were breached. "

    Are you referring to the fact i edited it to only registered keeper? rather the and/or driver section?
  • Coupon-mad
    Coupon-mad Posts: 160,067 Forumite
    Part of the Furniture 10,000 Posts Name Dropper Photogenic
    Of course... what else does 'menu of choices' suggest?
    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
  • Coupon-mad wrote: »
    Of course... what else does 'menu of choices' suggest?


    so i should include the whole section ?

    and do i edit the numbers to my name ?
  • KeithP
    KeithP Posts: 41,296 Forumite
    Part of the Furniture 10,000 Posts Name Dropper
    robfitch8 wrote: »
    so i should include the whole section ?
    Only if the Particulars of Claim offered that 'menu of choices'.

    Did it?
  • Coupon-mad
    Coupon-mad Posts: 160,067 Forumite
    Part of the Furniture 10,000 Posts Name Dropper Photogenic
    What numbers?

    Of course your defence needs your case claim number, your name, your car reg, etc. And you sign & date it at the end.

    You can clearly keep this second half of the point #3:
    The Claim fails to comply with Civil Procedure Rule 16.4, or with Civil Practice Direction 16, paras. 7.3 to 7.5. Further, the particulars of the claim do not meet the requirements of Practice Direction 16 7.5 as there is nothing, which specifies how the terms were breached.

    Your defence is looking much better, but you need to go through and change all the 'me, myself or I' to 'The Defendant'.

    A defence is properly written in the third person and you want the Judge onside.
    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
  • !!!8220 And !!!8221 in the paragraph 3 section, I just dont really get what its trying to say.
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