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Excel Parking Claim Form - Defence for Review

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  • Just wanted to clarify I intend to email Wed 29th July midday latest, which I deem to be within the 28 days prior to the Trial Date of 26th August. Having read previous post on Covid hearing and emailing, I assume email WS and associated documentation is fine and no need to post. 
    Many Thanks
  • Coupon-mad
    Coupon-mad Posts: 151,786 Forumite
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    Should be fine but try to keep your total pages under 50, in case you get a jobsworth clerk who thinks they are meant to print it all out, which for a telephone hearing they shouldn't need to...but you want to keep the court onside.
    PRIVATE 'PCN'? DON'T PAY BUT DON'T IGNORE IT (except N.Ireland).
    CLICK at the top or bottom of any page where it says:
    Home»Motoring»Parking Tickets Fines & Parking - read the NEWBIES THREAD
  • Good Morning so in reference to the 50 pages I assume I do not need to include the previous submitted defences in the the bundle, therefore these are excluded from the 50 pages.
    Many Thanks
  • Le_Kirk
    Le_Kirk Posts: 24,550 Forumite
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    You submit exactly what your notice requests.  In pre-covid times, you wold only have submitted WS, evidence and summary costs assessment.  With the advent of telephone hearings, defendants are sometimes asked to make up and submit a bundle consisting of absolutely everything.  Check your notice of allocation.
  • Fiortdunlop2020
    Fiortdunlop2020 Posts: 87 Forumite
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    edited 28 July 2020 at 10:52AM
    Morning Le_Kirk
    I have a hearing date in the court. The Notice of Allocation stated:
    "parties must send copies of their Witness Statements and documents to the court and each other no later than 28 days before the final hearing.
    Thanks
  • Le_Kirk
    Le_Kirk Posts: 24,550 Forumite
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    Morning Le_Kirk
    I have a trail hearing date in the court. The Notice of Allocation stated:
    "parties must send copies of their Witness Statements and documents to the court and each other no later than 28 days before the final hearing.
    Thanks
    If it is in court, then the court/judge/claimant should have your defence as it would have been supplied to them by CCBC.  If it is a telephone hearing, it is becoming the norm to have to submit everything again in a bundle.  I would take that letter to mean WS, evidence and summary costs assessment.  If you will be in court, you will, of course, have with you spare copies of all your paperwork, including your defence.
  • Coupon-mad
    Coupon-mad Posts: 151,786 Forumite
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    If the defence would take it over 50 pages then don't include that, and assume the court has it from MCOL (which is not your problem if they don't, and you can always ping it to the Judge by email on the spot - I've done that last month!).  
    PRIVATE 'PCN'? DON'T PAY BUT DON'T IGNORE IT (except N.Ireland).
    CLICK at the top or bottom of any page where it says:
    Home»Motoring»Parking Tickets Fines & Parking - read the NEWBIES THREAD
  • Fiortdunlop2020
    Fiortdunlop2020 Posts: 87 Forumite
    Third Anniversary 10 Posts Name Dropper
    edited 5 August 2020 at 11:21PM
    Good Evening 
    Received Excel's WS and evidence in post today dated 31/07/20. Only pertains to first claim and nothing about second claim.
    Interesting Point 35: " the Defendant has raised points within the defence that are irrelevant to the claim:
    • In summary the Defendant claims that the £160.00 claim exceeds the maximum sum prescribed in PoFA 2012
    • The NtK does not comply with the provisions of S4 of POFA 2012".
    Evidence is basically all the letters sent (NtK, Final Reminder, LBC etc)
    Any comments appreciated 
    Regards
  • Castle
    Castle Posts: 4,783 Forumite
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    You've left your name on page 2.
  • Fruitcake
    Fruitcake Posts: 59,463 Forumite
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    Lots of problems with the alleged contract. The signatures do not comply with the Companies Act 2006 for a start. I'll come back to that in a bit.

    Did you redact the names/signatures or did the scammers? If it was you, we need to see it unredacted except for your personal data.

    The statement of truth is out of date. A paralegal should know it changed in April of this year. We have seen this sort of rubbish from Yasmeen before. She should know better.
    I married my cousin. I had to...
    I don't have a sister. :D
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