PCM Parking ticket Draft Defence

eva16006159

Evening all, I'm hoping to get advice on my draft defence. I have received the claim form and submitted my acknowledgement of service following the helpful drop box guide. Can anyone advise if I should post the draft defence here for comment or is it better to PM it?

ShakeItOff

Post it here. Be mindful of PMs asking you to share it with them - PPCs lurk on the boards, so I understand.

KeithP

Hi and welcome.

What is the Issue Date on the Claim Form?

Did it come from the County Court Business Centre in Northampton, or from somewhere else?


When you are ready, feel free to post your draft Defence, suitably anonymised of course, for review.


Also, have you derived your forum username from your real name?

If so, you would be wise to get your forum username changed to something very much more anonymous.

To help with that, you might like to read this short extract from The MSE Forum Guide - Frequently Asked Questions & Rules:

Q. How can I change my username?

A. In most circumstances, this is not permitted.

The only reason we will change your username is if it puts your privacy at risk. This usually means you've inadvertently registered using your name, email address or something that gives away your identity within your username.

If you fall into this category, email forumteam@moneysavingexpert.com and request that it is changed, giving three alternative usernames in order of preference.

eva16006159

See further down thread

eva16006159

KeithP wrote: »

Hi and welcome.

What is the Issue Date on the Claim Form?

Did it come from the County Court Business Centre in Northampton, or from somewhere else?


When you are ready, feel free to post your draft Defence, suitably anonymised of course, for review.


Also, have you derived your forum username from your real name?

If so, you would be wise to get your forum username changed to something very much more anonymous.

To help with that, you might like to read this short extract from The MSE Forum Guide - Frequently Asked Questions & Rules:

Hi, the claim form is dated 20th Feb and it was issued from the county court business centre.


Will change username now!

KeithP

jamesevans25 wrote: »

Hi, the claim form is dated 20th Feb and it was issued from the county court business centre.

With a Claim Issue Date of 20th February, and having done the Acknowledgement of Service in a timely manner, you have until 4pm on Monday 25th March 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.

ShakeItOff

jamesevans25 wrote: »

DEFENCE

Introduction

1. I am Mr. *******, the defendant in this matter. My address for service is ********. I am unrepresented, with no experience of Court procedures. If I do not set out documents in the correct way, I trust the Court will excuse my inexperience.

2. This is my statement of truth and my defence.

Preliminary

3. The Defendant denies that the Claimant is entitled to relief claimed in the sum of £240.09, or at all, for the reasons stated in the following paragraphs.

4. The Particulars of Claim lack specificity In what respect? Detail why and are not only vexatious but shameful Not a legal argument. The Defendant is prejudiced and is unable to prepare a full and complete Defence. The Defendant reserves the right to seek from the Court permission to serve an Amended Defence should the Claimant add to or expand their Particulars at a later stage of these proceedings and/or to limit the Claimant only to the un-evidenced allegations in the Particulars.

4.1 The Claimant’s solicitors are known to be a serial issuer of generic claims similar to this one, with no due diligence, no scrutiny of details or even checking for a true cause of action. HMCS has identified thousands of similar poorly pleaded claims and their practices have drawn attention in parliament and the media. My limited understanding is that this is more WS, than defence - defence is for legal argument

4.2 The Defendant believes the term for such conduct is “robo-claims”; which is against the public interest, demonstrates a disregard for the dignity of the court and is unfair on unrepresented consumers. I Defence is written in third personhave reason to believe that this is a claim that will proceed without any facts or evidence supplied until the last possible minute, to my significant detriment as an unrepresented Defendant. Repeated from point above

5. The Particulars of Claim fail to refer to the material terms of any contract and neither complies with the CPR 16 in respect of statements of case, nor the relevant practice direction in respect of claims formed by contract or conduct.

5.1 The Defendant further notes the Claimant's failure to engage in pre-action correspondence in accordance with the pre-action protocol and with the express aim of avoiding contested litigation.



Background

6. For the avoidance of doubt on the relevant date I third person was NOT no need for CAPS the keeper/hirer of a Mercedes, registered number XXXX XXX EDIT to remove and in fact I do not believe this vehicle exists. The registered keeper of a different vehicle with that registration is XXXX EDIT TO REMOVE!!. I Third person can neither confirm nor deny who was driving this car on the day as it is some time since the event and it is unclear which vehicle is being pursued. WITNESS STATEMENT TERRITORY - not defence. Are they relying on POFA?

I'm really sorry, I started reading, but I risk writing the same thing.

Defence is written in the third person, Witness Statement in the first.

You MUST edit the defence post - you have left information in there.

Have you read the NEWBIES post 2? Specifically, you need to look at the BARGEPOLE defences - you'll see they are much shorter.

ShakeItOff

Sorry - I should say that Bargepole is a poster, not a type of defence But he is legally qualified.

eva16006159

ShakeItOff wrote: »

I'm really sorry, I started reading, but I risk writing the same thing.

Defence is written in the third person, Witness Statement in the first.

You MUST edit the defence post - you have left information in there.

Have you read the NEWBIES post 2? Specifically, you need to look at the BARGEPOLE defences - you'll see they are much shorter.

Thank you for your comments, I have taken the identifiable information out that was sloppy I apologise. Yes I have read the newbies post and lots of the other defense posts. Is it better to leave arguments out then?

I will change the whole defense to be in the third person.

eva16006159

I apologise for some of the amateur errors, this is all very new to me and I think some of the research I have done has lead to confusion. From what I can gather, I have written a mash up of a defense and a witness statement?

ShakeItOff

jamesevans25 wrote: »

I apologise for some of the amateur errors, this is all very new to me and I think some of the research I have done has lead to confusion. From what I can gather, I have written a mash up of a defense and a witness statement?

Don't worry - me too! It's one of those things that you don't need to know until you need to know

But yes, that is essentially what you've done. You'll see in the Bargepole defences that they're actually quite short, and are the legal arguments in response to their particulars of claim, not the "story" argument (WS).

With the defence, you need to make sure that any argument you wish to rely on at the hearing is included - it is costly to add to the defence.