IMPORTANT: Please make sure your posts do not contain any personally identifiable information (both your own and that of others). When uploading images, please take care that you have redacted all personal information including number plates, reference numbers and QR codes (which may reveal vehicle information when scanned).
📨 Have you signed up to the Forum's new Email Digest yet? Get a selection of trending threads sent straight to your inbox daily, weekly or monthly!

County court business centre claim form. HELP NEEDED PLEASE

2456

Comments

  • Redx
    Redx Posts: 38,084 Forumite
    Eighth Anniversary 10,000 Posts Name Dropper Photogenic
    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 date
  • Pookieno5
    Pookieno5 Posts: 24 Forumite
    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!
  • Quentin
    Quentin Posts: 40,405 Forumite
    Advice on SARs is in post #2 of the newbies FAQ thread
  • Pookieno5
    Pookieno5 Posts: 24 Forumite
    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 day
  • Umkomaas
    Umkomaas Posts: 43,433 Forumite
    Part of the Furniture 10,000 Posts Name Dropper Photogenic
    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 Street
  • Pookieno5
    Pookieno5 Posts: 24 Forumite
    Thanks that's really helpful! I'll get that done and then make a start on my defence.
  • Pookieno5
    Pookieno5 Posts: 24 Forumite
    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?
  • Le_Kirk
    Le_Kirk Posts: 24,695 Forumite
    Part of the Furniture 10,000 Posts Photogenic Name Dropper
    NEWBIE sticky post # 2, where you will find 17 prewritten defence examples.
  • Pookieno5
    Pookieno5 Posts: 24 Forumite
    Thank you love X
  • 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 2019
This discussion has been closed.
Meet your Ambassadors

🚀 Getting Started

Hi new member!

Our Getting Started Guide will help you get the most out of the Forum

Categories

  • All Categories
  • 351.3K Banking & Borrowing
  • 253.2K Reduce Debt & Boost Income
  • 453.7K Spending & Discounts
  • 244.2K Work, Benefits & Business
  • 599.4K Mortgages, Homes & Bills
  • 177.1K Life & Family
  • 257.7K Travel & Transport
  • 1.5M Hobbies & Leisure
  • 16.2K Discuss & Feedback
  • 37.6K Read-Only Boards

Is this how you want to be seen?

We see you are using a default avatar. It takes only a few seconds to pick a picture.