Defence stage - please help

Jingles88

Hi all

I am trying to draft my defence after receiving my CCL (13/01/2020). I have submitted the AOS (18/01/2020) so don’t have long left. This is against Excel parking services ltd.

I appreciate any help given.

KeithP

Jingles88 wrote: »

I am trying to draft my defence after receiving my CCL (13/01/2020). I have submitted the AOS (18/01/2020) so don’t have long left.


- 13/01/2020 - claim form for county received


I think my defence date is 10/02/2020 calculating the 28days from the date on the claim form.

You tell us that you received a County Court Claim Form on 13th January.

Can you please now tell us the Issue Date on that Claim Form?

waamo

Please, please don't call it a "defence letter". You aren't sending a simple letter. You are entering a defence against a court claim. Calling it a letter somehow detracts from the seriousness of this.

It's a bit of a bugbear of mine. People shoehorning the word "letter" after words that really shouldn't have anything following them.

Jingles88

KeithP wrote: »

You tell us that you received a County Court Claim Form on 13th January.

Can you please now tell us the Issue Date on that Claim Form?

I have now edited, all dates are dates printed on letters/emails

Jingles88

waamo wrote: »

Please, please don't call it a "defence letter". You aren't sending a simple letter. You are entering a defence against a court claim. Calling it a letter somehow detracts from the seriousness of this.

It's a bit of a bugbear of mine. People shoehorning the word "letter" after words that really shouldn't have anything following them.

I have now edited. Apologies, I understand the seriousness but I just meant it as helping me draft the defence in letter format

KeithP

With a Claim Issue Date of 13th January, and having filed an Acknowledgment of Service in a timely manner, you have until 4pm on Monday 17th February 2020 to file your Defence.

That's nearly two weeks away. Plenty 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 could 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. No need to do anything on MCOL, but do check it after a few days to see if the Claim is marked "defence received". If not, chase the CCBC until it is.

After filing your Defence, there is more to do...

1. Do not be surprised to receive an early copy of the Claimant's Directions Questionnaire. Nothing of interest there. Just file it.
   
2. Wait for your own Directions Questionnaire from the CCBC, or download one from the internet, and then complete it as described by bargepole in his 'what happens when' post linked from post #2 of the NEWBIES thread.
3. The completed DQ should be returned by email to the CCBC to the same address and in the same way as your Defence was filed earlier.
4. Send a copy of your completed DQ to the Claimant - to their address on your Claim Form.

waamo

Jingles88 wrote: »

I have now edited. Apologies, I understand the seriousness but I just meant it as helping me draft the defence in letter format

Please don't apologise. So many people do it with various forms I sometimes feel the need to point it out. Follow Keiths pointers. The link he gives needs to be your bible.

Jingles88

Please would anyone be able to point me in the direction of a defence that I could try and work from? I have no idea where to begin, I have scanned through so many but don’t understand the terminology or laws and I am worried I will put the wrong info in. I don’t know where I stand with POFA either, as my NTK was never sent. 

Le_Kirk

In the NEWBIE sticky there are links to 17 pre-written defences, read and adapt one of those, then read some more defences already posted by others on the forum.  You can search for similar circumstances as your own, although I cannot advise you how as I haven't tried the search function since the new forum went live.

Just tested the search function, it is OK an quite intuitive, if you click on Advanced Search

TheDefender

Le_Kirk said:

In the NEWBIE sticky there are links to 17 pre-written defences, read and adapt one of those, then read some more defences already posted by others on the forum.  You can search for similar circumstances as your own, although I cannot advise you how as I haven't tried the search function since the new forum went live.

Just tested the search function, it is OK an quite intuitive, if you click on Advanced Search

I can't find any links to pre-written defences!  I can't even work out where this post of yours is posted. I've found it after a vain search for a similar case to mine!  Nightmare!

Fruitcake

TheDefender said:

Le_Kirk said:

In the NEWBIE sticky there are links to 17 pre-written defences, read and adapt one of those, then read some more defences already posted by others on the forum.  You can search for similar circumstances as your own, although I cannot advise you how as I haven't tried the search function since the new forum went live.

Just tested the search function, it is OK an quite intuitive, if you click on Advanced Search

I can't find any links to pre-written defences!  I can't even work out where this post of yours is posted. I've found it after a vain search for a similar case to mine!  Nightmare!

Underneath this post is a hyperlink in blue saying Forum Home . Parking Tickets, Fines & Parking. Click on the part after the dot to get to the main forum page. One of the topmost threads is the sticky thread for NEWBIES and asks you to read it first before you start a new thread.

Post 2 has a whole section about court, written by bargepole, and has links to about seventeen defence examples you can use to base your on.
This is a step by step guide from the LBC to the court date.

In addition, determine who the landowner is and complain to them as well as complaining to your MP about this unregulated scam.

The MSE site has just been updated and quite frankly it has made it much harder to use.