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County court business centre claim form. HELP NEEDED PLEASE
Comments
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There are no templates because each case is bespoke, but there are plenty of examples linked in that newbies thread post 2, please check them out and adapt one in word (hint - use a laptop)
If you are still confused, start with the concise defence by bargepole and expand on it by adding no landowner authority, louse address the POC listed on the claim form
Also add remarks about the inflated and additional charges on that N1 claim form too
This is your defence as a defendant
Your "story" comes later at the WS stage, nearer the court hearing date0 -
Thanks again.
What's the best and quickest wav to apply for SAR?
Is there a template for that or should I just write something up.
I'm so grateful for all your help guys. Thanks again!0 -
Advice on SARs is in post #2 of the newbies FAQ thread0
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Morning all.
I just wondered when putting together my SAR.
On my claim etc. My surname is spelt differently by one letter.
Ie. JONES IS SPELT LONES
Also I have recently changed my surname as I was married so do I sign my name with my old surname (with correct spelling) or in my maiden name
I've also realised the that the details they send will not come back in time to submit my defence.
Or does this not matter.
Any help on the above is much appreciated.
Have a great day0 -
Sign it with the name under which the case is being pursued. Your change of name is not important to this.
You will need to send a copy of your vehicle's V5C (logbook) to prove identity. If you've changed your surname already on that, in order not to confuse the situation, send a copy of your court claim instead.
Getting a response to the SAR is not critical to the submission of your defence, but will be potentially helpful to the development of your Witness Statement (about 2 months away).Please note, we are not a legal advice forum. I personally don't get involved in critiquing court case Defences/Witness Statements, so unable to help on that front. Please don't ask. .
I provide only my personal opinion, it is not a legal opinion, it is simply a personal one. I am not a lawyer.
Give a man a fish, and you feed him for a day; show him how to catch fish, and you feed him for a lifetime.Private Parking Firms - Killing the High Street0 -
Thanks that's really helpful! I'll get that done and then make a start on my defence.0
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Can 'anyone help.
I need the link to the defence on here please?
Should I add something in with regards to getting the charge because of parking in a space which wasn't a space?0 -
NEWBIE sticky post # 2, where you will find 17 prewritten defence examples.0
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Thank you love X0
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Okay so this is my stab at the defence.
I'm clueless whether this is okay or not. So any help is most appreciated.
I understand I am to print, sign and then email back.
In The County Court!
Claim No: XXXXXXX
Between
UKCPS Ltd (Claimant)
-and-
BOB THE BUILDER (Defendant)
____________
DEFENCE
____________
1. The Defendant was the registered keeper and driver of vehicle registration number XXXXXXX on the material date. The Defendant denies that the Claimant is entitled to relief in the sum claimed, or at all.
2. The allegation appears to be that the 'vehicle was not parked within a marked bay. Despite the bay being marked and there being no road markings to restrict this.
3. Accordingly, it is denied that the Defendant breached any of the Claimant's purported contractual terms, whether express, implied, or by conduct.
4. The Claimant is put to strict proof that it has sufficient interest in the land or that there are specific terms in its contract to bring an action on its own behalf. As a third party agent, the Claimant may not pursue any charge, unless specifically authorised by the principal. The Defendant has the reasonable belief that the Claimant does not have the authority to issue charges on this land in their own name, and that they have no right to bring any action regarding this claim.
5. The Defendant has the reasonable belief that the Claimant has not incurred £60 costs to pursue an alleged £100 debt. The Protection of Freedoms Act 2012, in Schedule 4, Para 4(5) states that the maximum sum that may be recovered from the keeper is the charge stated on the Notice to Keeper, in this case £100.
6. In summary, the Claimant's particulars disclose no legal basis for the sum claimed, and the Court is invited to dismiss the claim in its entirety.
Statement of Truth:
I believe that the facts stated in this Defence are true.
Name Bob the builder
Signature Bob Bob
Date 16th August 20190
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