County Court Defence Help Please

dollydoodar

Hi everyone,

I need to write a county court claim defence for a CEL parking ticket that was issued when one of my carers was taking me to do my Christmas shopping in 2014. I received an anpr ticket in the post as I was the keeper of the car. I then, rather stupidly decided to appeal to their better nature to ask for it to be quashed as CEL had just taken over management of said car park and had changed the rules which I was unaware of and previously it had been free when you shopped in Morrisons.

Would someone please be so kind as to direct me to a template defence that I can tweak for myself? I looked through the newbies post 2 but I cannot find one that pertains to my situation.

Thank you so much in advance

KeithP

What is the Issue Date on your Claim Form?

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

dollydoodar

KeithP wrote: »

What is the Issue Date on your Claim Form?

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

it is from northampton and i acknowledged the claim last week

KeithP

That's good to hear.

Do you have an answer to the other question?

dollydoodar

KeithP wrote: »

That's good to hear.

Do you have an answer to the other question?

what was the other question please? i cannot see it!

KeithP

dollydoodar wrote: »

what was the other question please? i cannot see it!

Here it is again...

KeithP wrote: »

What is the Issue Date on your Claim Form?

You quoted it earlier.

dollydoodar

it's the 17th july

KeithP

dollydoodar wrote: »

it's the 17th july

With a Claim Issue Date of 17th July, you have until Monday 5th August to do the Acknowledgement of Service, but there is nothing to be gained by delaying it. To do the AoS, follow the guidance offered in a Dropbox file linked from post #2 of the NEWBIES FAQ sticky thread. About ten minutes work - no thinking required.

Having done the AoS, you have until 4pm on Monday 19th August 2019 to file your Defence.

That's over two weeks away. Loads of time to produce a Defence, but please don't leave it to the 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 "defence received". If not chase the CCBC until it is.
   
6. Do not be surprised to receive an early copy of the Claimant's Directions Questionnaire, they are just trying to keep 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.

Also in post #2 of the NEWBIES thread is full guidance on how to create a winning Defence and links to many examples of winning Defences.

The_Deep

Have you asked Morrisons to cancel this?

If you are disabled read this

https://www.equalityhumanrights.com/en/equality-act/protected-characteristics

Nine times out of ten these tickets are scams so consider complaining to your MP.

Parliament is well aware of the MO of these private parking companies, and on 15th March 2019 a Bill was enacted to curb the excesses of these shysters. Codes of Practice are being drawn up, an independent appeals service will be set up, and access to the DVLA's date base more rigorously policed, persistent offenders denied access to the DVLA database and unable to operate.

Hopefully life will become impossible for the worst of these scammers, but until this is done you should still complain to your MP, citing the new legislation.

http://www.legislation.gov.uk/ukpga/2019/8/contents/enacted

Just as the clampers were finally closed down, so hopefully will many of these Private Parking Companies.

Also, if they are asking for silly money read this

https://forums.moneysavingexpert.com/discussion/6014081/abuse-of-process-district-judge-tells-bwlegal

dollydoodar

i did approach morrisons and they said it was nothing to do with them...

i still need to write my defence. can someone kindly link me to one or copy and paste one that i can tweak as i cannot find one in newbies post 2.

thanks in advance .....

waamo

dollydoodar wrote: »

i did approach morrisons and they said it was nothing to do with them...

i still need to write my defence. can someone kindly link me to one or copy and paste one that i can tweak as i cannot find one in newbies post 2.

thanks in advance .....

There are links to loads in the Newbies thread. You are probably looking for something specific to your case. Don't. Look for a general CEL defence.

The specifics of your case are now irrelevant. You need to look for issues around signage, none compliance with POFA and failure to make reasonable adjustments for your disability.

You should search for the Equality Act too.