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Template defence to adapt for all parking cases where they add false admin costs - edited March 2022

edited 4 May at 12:15AM in Parking Tickets, Fines & Parking
177 replies 94.4K views
Coupon-madCoupon-mad
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PLEASE READ THIS POST FIRST TO UNDERSTAND HOW TO USE THIS TEMPLATE.  

HOWEVER, THE MAIN ADVICE ABOUT ALL THINGS TO DO WITH COURT AND WHAT HAPPENS WHEN, IS HERE IN THE NEWBIES FAQS (2nd post):  
https://forums.moneysavingexpert.com/discussion/4816822/newbies-private-parking-ticket-old-or-new-read-these-faqs-first-thankyou/p1

Below in the 2nd post of THIS thread, is a defence draft to adapt, for all PARKING CLAIMS (except PARKING EYE - see NEWBIES thread for those claims).

The facts of your case must be added as #2 and #3 - add more if you need more, and adjust the numbers below it.

This is not the place to ask about ParkingEye defences, and the NEWBIES thread will continue to show an example of those.  I intend to remove most of the other old defence examples from the NEWBIES thread to make it easier for everyone. 

No posting your drafts here please.  Feedback, yes!  Stuff about your own case, no... Start a new discussion about your own case if you haven't already got a thread about that PCN, and show us your draft defence based on this one.  

We win 99% of cases we help defend here,
so be confident, join the forum start a thread showing us your draft defence, and win with our help.

FIRST THING TO DO - BUT NOT SOONER THAN DAY FIVE FROM THE 'ISSUE DATE':

Acknowledging service of a claim:
Here is the up to date document from SoftwareMad, showing how to acknowledge a claim, which is to be done within the first fortnight to buy yourself time to defend (but preferably after DAY FIVE, or you eat into your allowed days!):


Submitting your defence:
Thanks to KeithP for this summary of how to submit a defence by email to the CCBCAQ email address:  

If you have no access to a scanner, then put an electronic signature in it. When you are happy with it, your defence is to be filed via email as suggested here:
  1. Print your Defence.
  2. Sign it and date it.
  3. Scan the signed document back in and save it as a pdf.
  4. Send that pdf as an email attachment to [email protected] but due to the CCBC's dysfunctional systems, only do this during working hours (a weekday) and you MUST get an acknowledgement.  Also copy in the parking firm's legal team or solicitors, whose email you can find on any other thread about the same law firm.
  5. Just put the claim number (check it very carefully) and the word Defence in the email title, and in the body of the email something like 'URGENT RE CLAIM XXXXXXXX - Please find my Defence attached,
  6. IMPORTANT - MAKE SURE YOU GET AN EMAIL ACKNOWLEDGEMENT BACK FROM THE CCBC!  After filing your Defence, there is more to do.
  7. Do not be surprised to receive an early copy of the Claimant's Directions Questionnaire and the usual intimidating template letter saying they 'intend to proceed'. Nothing of interest there. Just file it.
  8. Wait for your own Directions Questionnaire from the CCBC, or download one from the internet - https://www.gov.uk/government/publications/form-n180-directions-questionnaire-small-claims-track , and then complete it as described by bargepole in his 'what happens when' post linked from post #2 of the NEWBIES thread - https://forums.moneysavingexpert.com/discussion/comment/64350585#Comment_64350585
  9. 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.  
  10. Send a copy of your completed DQ to the Claimant (or their solicitor if they are using one).  Their postal address is on your Claim Form but you can find an email for them by searching this forum, or Google it, because a DQ sent by email is OK and then you know/can prove it's been sent.   
  11. DO NOT USE RECORDED (OR SPECIAL) DELIVERY FOR ANYTHING TO A PARKING FIRM OR THEIR SOLICITOR.   DO NOT EXPECT ROGUE FIRMS TO SIGN FOR YOUR LETTERS.  IF THEY DON'T, ALL YOU HAVE IS PROOF OF NON-DELIVERY, WHICH IS THE EXACT OPPOSITE OF WHAT YOU NEED!
  12. Will you have to attend a hearing? Yes - unless the claim is struck out or the PPC discontinues (fairly common!).  Will that heaing be at Northampton?  NO!  That's just a central starting point for claims.  If you are an individual, you get the choose your local court, and in 2020, telephone hearings are becoming more likely.  Face to face hearings are better though, and easier to follow the visual cues from the Judge who allow for Defendants being scared and unused to the situation.  You do NOT want your case 'heard on the papers' (absolutely no).  You want a hearing and you can claim your costs if you win, and you risk nothing (no CCJ, no huge costs) by defending, because if you were among the handful who report a loss here you'd have 30 days to pay and it would be less than on the claim form (£175 - £200 total).
PRIVATE 'PCN'? DON'T PAY BUT DON'T IGNORE IT (except N.Ireland).
CLICK at the top of this/any page where it says:
Forum Home»Motoring»Parking Tickets Fines & Parking - read the NEWBIES THREAD
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Replies

  • BrownTroutBrownTrout Forumite
    2.3K Posts
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    Have put the phone down mum !!!
  • savtasavta Forumite
    32 Posts
    10 Posts First Anniversary
    Appendix C? Southhampton case? 
    Thanks again everyone especially Coupon Mad !

  • on.wheelson.wheels Forumite
    66 Posts
    10 Posts Name Dropper
    Fantastic, I'll adjust my defence now. So this should be used in place of your previous defence, here? https://forums.moneysavingexpert.com/discussion/comment/75937581/#Comment_75937581
  • edited 27 February 2020 at 11:03AM
    BrownTroutBrownTrout Forumite
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    edited 27 February 2020 at 11:03AM
    Are there any PDF Links of the two other cases rather then an insert of a photo to a word document as i dont know how well that will go down with the courts when they print of and send documents to claimaints
  • edited 9 March at 3:12AM
    Coupon-madCoupon-mad
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    edited 9 March at 3:12AM
    No attachments now go with the new defence.

    See the NEWBIES thread section under the red heading 'IMPORTANT - KNOW WHAT HAPPENS WHEN'.  Evidence and photos go with the witness statement from the Defendant, weeks before their hearing.
    PRIVATE 'PCN'? DON'T PAY BUT DON'T IGNORE IT (except N.Ireland).
    CLICK at the top of this/any page where it says:
    Forum Home»Motoring»Parking Tickets Fines & Parking - read the NEWBIES THREAD
  • edited 27 February 2020 at 8:08PM
    beamerguybeamerguy Forumite
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    edited 27 February 2020 at 8:08PM
    This is perfect.   There is only a number of county courts in the UK and firms like BWLegal keep on spreading their virus, it's now time limited for them and all the other legals ...... of course the dream world of Gladstones will continue ...... they have to keep on proving  themselves to their members in their IPC scam with the message "CARRY ON SCAMMING"
  • CastorTroyCastorTroy Forumite
    33 Posts
    10 Posts First Anniversary Name Dropper
    @Coupon-mad You highlight not to start with point (1) unless you were not the driver. In a case where you genuinely don't know who was driver was (multiple drivers) and long time ago should it still be included? 
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