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Urgent Country court Defence help needed

2

Comments

  • Coupon-mad Thank you very much for your guidance.
    I've put back the points 5 and 6 with some changes and also copied 'abuse of process' wording done in another thread by you in point 9. I'd really appreciate if you can please give these updated points a glance and advice me.

    Sorry for the confusion, the defendant is my wife. She wanted to pay them when they sent initial letter as she was worried with the mention of court, CCJ in the letter. But, I was against it and hence looking into this.
  • Big_Boi
    Big_Boi Posts: 65 Forumite
    For the third and last time... Have you complained to the landowner/restaurant?
  • Coupon-mad
    Coupon-mad Posts: 153,498 Forumite
    Part of the Furniture 10,000 Posts Name Dropper Photogenic
    I'd remove #8 if the D was the keeper and driver. It's an easier position to give evidence at the hearing, as driver, and she can speak freely and not try to bite her tongue about who was driving. It looks more honest to the Judge, too.

    Remove the words 'sunlight glare' if the keypad was indoors in the restaurant. I wrote that as a suggestion when I thought she'd entered her VRN outside at a machine.

    And remove this phrase as with CEL it's not applicable. They file their own claims:
    If the party is legally represented, the legal representative may sign the statement of truth but in his own name and not that of his firm or employer.
    Looks good.

    Would have been cancelled by the restaurant early doors though, I expect, had you tried. ALWAYS complain to retailers about their pet parking scammers, it hurts the PPC more each time and could be the final straw that ends their contract.
    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
  • Scooby82
    Scooby82 Posts: 28 Forumite
    I’m at the same stage went to the establishment two days ago to take pictures of signage etc spoke to the staff who tried to speak to the firm but they said they can’t do anything now it’s with the legal team because it a “separate company” 🤔
  • Coupon-mad
    Coupon-mad Posts: 153,498 Forumite
    Part of the Furniture 10,000 Posts Name Dropper Photogenic
    Yes, but they could have cancelled it on the spot, if you'd taken the PCN in at the time. With any parking scam, always complain, and hurt them more.
    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
  • Scooby82
    Scooby82 Posts: 28 Forumite
    Yeah was a different manager to the original one we tried to help, she said she would have got it cancelled at the beginning, she actually said how much hassle it’s caused the company and staff there, some actually being abused in the supermarket opposite because of parking fines, shocking really!
  • Thank you very much Coupon-mad for your valuable suggestions. I'll update them in my defence while filing with court.

    Big boi, sorry that I didn't respond to your question earlier. I haven't complained to the restaurant.
    I remember reading on some forum few years ago that I should ignore these letters. I followed this advice for one of the private PCN couple of years ago and they stopped chasing after sending several letters. I thought I'll do the same. I didn't realise that the advice has changed recently.
    I wish I had complained to the restaurant.
  • Redx
    Redx Posts: 38,084 Forumite
    Eighth Anniversary 10,000 Posts Name Dropper Photogenic
    edited 1 July 2019 at 11:28PM
    the advice changed in march 2013 on here, so hardly "recently" , lol

    since then the advice is

    APPEAL EACH AND EVERY TIME to the BPA or IPC AOS REGISTERED COMPANY, WITH THE INITIAL APPEAL TEMPLATE FROM THE NEWBIES THREAD, PLUS COMPLAIN TO THE LANDOWNER OR MANAGING AGENT


    and the small claims system is 6 years in England and Wales and has been since 1973
  • Can someone please confirm if this is the right email CCBCAQ@Justice.gov.uk for sending the defence statement pdf?
    I don't see this listed in here - ttps://courttribunalfinder.service.gov.uk/courts/county-court-business-centre-ccbc

    I could see the above email on MCOL user guide(page 23) (ttps://assets.publishing.service.gov.uk/government/uploads/system/uploads/attachment_data/file/762843/mcol-userguide-eng.pdf, but it seems to be for 'Directions questionnaire' .

    Another email ccbc@justice.gov.uk seems to be used for several things, although it doesn't mention 'Defence statement'.
  • Redx
    Redx Posts: 38,084 Forumite
    Eighth Anniversary 10,000 Posts Name Dropper Photogenic
    see post #10 above ^^^^^^^^^^^^^^^^^^
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