Help with defence for court claim

robby29

I believe around 10-15 minutes each time but I don’t have the evidence in front of me as I moved address.

robby29

So far they are only pursing me for 1 through court the other one has all gone quiet, my thinking is they will try there hand at this one and if the defence submitted looks weak they will throw the other one through court so I need to make this defence good.
How’s my draft looking would you say?

Coupon-mad

You need some full stops here! I ran out of breath reading this point!

6. Futhermore the claimant has confirmed via letter dated 06th February 2019 that they are not relying on Schedule 4 of the Protection of Freedoms Act 2012 (POFA) and the claimant is pursuing me as the “Registered Keeper”, as the claimant is not relying on (POFA) liability can not be transferred to the “Registered Keeper” and the claimant can only pursue the “Driver”, as the driver has not been identified there should be no grounds to purse me as the “Registered Keeper”, and would suggest that this case is withdrawn with immediate effect.

I would add a point 2.2:

2.2 The Defendant's vehicle was captured entering and exiting the location twice that day, and the Claimant issued two postal PCNs which is an abuse of process, not least because neither of them relate to any parking event. The car was only there for some ten minutes each time and (did not park in a bay? was dropping off a passenger, then came back to collect them? - what ever is TRUE only!). The Claimant has issued one claim for one PCN. The Defendant is entitled to take from this that the second one is cancelled, given the duplication and unjust enrichment of automatically issuing two PCNs in a 24 hour period and/or because the Claimant has breached the BPA Code of Practice regarding 'observation' periods and 'grace periods'.

robby29

Thanks for the pointer couponmad. Low and behold it I have had a second court claim come through the door today for the other pcn, so now have 2 separate claims on different court papers arhhhh. In my defence would it be s wise choice to add the reference for the other court claim asking to merged the two together? Or do I reply with the same defence but then have 2 court hearings should it go to that?

KeithP

And the Issue Date of your latest Claim is?

At this stage you must defend them both.

In each Defence mention the other Claim and suggest that the two claims be consolidated into one.

You may need to repeat that a few times, at DQ time and again at Allocation, before anyone takes notice.

robby29

Issue date is 26th February. I will mention them both to be consolidated.

What are my chances here would you say do bw legal tend to fail in court?

KeithP

robby29 wrote: »

Issue date is 26th February.

With a Claim Issue Date of 26th February, you have until Monday 18th March to do the Acknowledgement of Service, but there is nothing to be gained by delaying it. To do the AoS, follow the guidance offered in a Dropbox link from post #2 of the NEWBIES FAQ sticky thread. About ten minutes work - no thinking required.

Having done the AoS, you have until 4pm on Monday 1st April 2019 to file your Defence.

That's over a month away. Loads of time to produce a perfect Defence, but don't leave it to the very last minute.


When you are happy with the content, your Defence should be filed via email as suggested here:

Print your Defence.
1. Sign it and date it.
   
2. Scan the signed document back in and save it as a pdf.
   
3. Send that pdf as an email attachment to CCBCAQ@Justice.gov.uk
   
4. 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'.
   
5. Log into MCOL after a few days to see if the Claim is marked "defended". If not chase the CCBC until it is.
   
6. Do not be surprised to receive a copy of the Claimant's Directions Questionnaire, they are just trying to put you under pressure.
   
7. 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.

robby29

Thanks keithp same procedure as the last one will get the acknowledgement of service done and work from there on the second one.

Coupon-mad

robby29 wrote: »

Issue date is 26th February. I will mention them both to be consolidated.

Good, but you will have to mention it at every stage till a Judge picks it up & orders that.

What are my chances here would you say do bw legal tend to fail in court?

You should already know, from your reading of the 2nd post of the NEWBIES thread.

When people stick around at EVERY stage and follow all of our advice right up to the hearing, we have a solid 99% win rate here, for over two years now.

robby29

Couponmad I have read the newbies thread just thought I would ask how things have gone recently as you never know they could have some loophole now where they are starting to win cases.

I have made a error and the second pcn/claim is not for the same day its 8 days prior to this one, with my head wrapped up in it all and work busy I did not read it properly so my apologies.

Given that I have not included your paragraph regarding 2 PCNs on the same day.

I have amended my punctuality and added this:
2.2 The claimant has issued 2 PCNs this claim on the 13/04/2018 and another one for 05/04/2018. The claim numbers for both are xxxxxxx and xxxxxxx. I would suggest that both of these claims be consolidated into one court claim/hearing. Both of these claims are identical and it would be a waste of the courts time to have two court hearings for identical claims.


Hopefully all looks good to go as I am starting to run out of time for the first pcn and would like to get this sent.