BW Legal Letter of Claim

jackyboyw

Thank you, edited

2. The facts are that the vehicle, registration XXXX, of which the Defendant is the registered keeper, was parked on the material date in a marked bay at Wembley Park Drive.

So what else shall I say here? Sorry if I'm being stupid.

Redx

the POC tell you what they are claiming the money , overstay , no permit , whatever


you are stating that the vehicle was in that car park, so you should state why it was there (not you , the vehicle)


paid for parking ?
permission to park from the landowner ?
season ticket to park there ?


when the pcn came to you for payment , you thought , NO I am not paying this , my vehicle was there legitimately - or whatever


so they claim an infringement or whatever, you are disputing the claim and so use facts as to why their claim fails because your vehicle was allowed to be there for the time they are stating


or it wasnt there at all, meaning if somebody is claiming money for your vehicle being in that car park and you know it was actually 200 miles away in a garage being repaired, you would not pay the invoice for parking , would you ?


so think about what their POC is claiming money, why you believe that their claim fails , because.....................


fill in the blanks

jackyboyw

Hmm hard to come up with a reason lol

Redx

I appreciate that , there are times when the vehicle should not be there and the driver deserves to pay a large sum because they winged it and got caught

I never said there was a legitimate reason, but I pointed out what that reason may have been if the driver had a genuine reason for being there, and had paid or had permission to park

that is why a defence should address the POC, because a judge may well ask what the legal reason was for being there, somebody saying because the space was free and I wanted to selfishly park there for free even though its not my land doesnt cut it with a judge, but sometimes that is the true story

as the saying goes, if you cant stand the heat, stay out of the kitchen !!!


so if you ask on here for people to review your defence , they will say things you may not like , like you havent addressed the POC, so be careful what you ask for , not every comment will be positive

jackyboyw

I understand & no I appreciate the feedback. I’m new to this & just trying to get an understanding. What do YOU think I should put there.

Redx

that is a leading question

I have no idea why the vehicle was there , you do

the real question is this

if a judge says to you in court (or the claimant says)

JACKYBOY , WHY was your vehicle parked there on private land on that day between those times and what reason do you think your vehicle had parking permission (permit , payment) or whatever

WHAT IS YOUR REPLY ?

is it NO COMMENT because you would not want to incriminate yourself ?

is it "BECAUSE THE SPACE WAS FREE AND I BELIEVE I CAN PARK WHERE I LIKE , WHEN I LIKE , ON ANYONES LAND , FOR FREE - YOUR HONOUR" !! ?

only you know why it was there , only you know if you are going to duck the question , sometimes there is no easy answer in life, this seems like one of those times (the NO COMMENT approach - which by implication means the claimant has a case)

jackyboyw

Okay understood

jackyboyw

Hi guys, do I add my defence to the moneyclaim.gov link or email it to the County court business centre?

Tia

kryten3000

Email it. That way you can make it look pretty for the judge and you're not limited by the space on the web form.

KeithP

jackyboyw wrote: »

Hi guys, do I add my defence to the moneyclaim.gov link or email it to the County court business centre?

Tia

What was wrong with the guidance offered in post #32 above - in your very own thread?