Excel Parking Claim Form - Defence for Review

Fiortdunlop2020

Good Afternoon 
emailed ccbcaq@justice.gov.uk and cc'd in Warwick County Court regarding Cause of Action estoppel on second claim.
In the meantime I have basically reused first defence and incorporated point 16 to address Cause of Action estoppel in defence. I would appreciate any feedback on this defence. I will remove red font and update personal details thereafter.
Many Thanks

Fiortdunlop2020

Evening
So ccbcaq@justice.gov.uk emailed back promptly and advised:
"Thank you for your correspondence.
Please note Court staff are not legally trained and cannot provide legal advice. If you are uncertain how to proceed, the Civil Procedure Rules available on the Ministry of Justice website - http://www.justice.gov.uk – provide details. On many occasions it is best for people to seek professional legal advice from a solicitor, legal executive, legal advice agency or Citizens Advice Bureau.
I hope this is of some assistance".

Let's see if Warwick court come back (enquiries.nuneaton.countycourt@justice.gov.uk). But it would appear ccbcaq@justice.gov.uk not best email address to advise court of Cause of Action estoppel.

Regards

Fiortdunlop2020

Good morning
Looking to submit my defence should I include an appendix D Henderson -v- Henderson [1843] 67 ER 313 for Cause of Action estoppel or is reference in Point 16 sufficient?
Thanks

nosferatu1001

Reference to CoAE is sufficient
Usually a defence would contain NO APPENDIX at all. The ones included as adviosed are there for a reason, and not to be taken as a general idea that you should add more on. 

Fiortdunlop2020

Apologies all I believe I may have used an outdated Abuse of Process Defence template which was applicable for 1st Defence in April but has been superseded by the following from Coupon Mad.
https://www.dropbox.com/s/hq0eacg3igzuud4/Private parking charge - abuse of process defence.docx?dl=0
Many apologies

Fiortdunlop2020

thank you nosferatu1001 for response and guidance
Revised defence attached, any feedback appreciated.
Many Thanks

Fiortdunlop2020

one question I have is the amount claimed is £167.83 which excludes the £50 Legal representatives costs. Should the global sum include the £50 Legal costs?
Thanks

nosferatu1001

No costs that appear in the boxes on the RHS of the form. The £50 solicitors filing fee, on the right, is allowed

Fiortdunlop2020

ok so in defence global sum = £167.83  thanks nosferatu1001. I believe it is above £160 due to £7.83 interest
Thanks

Umkomaas

You neither include the legal costs nor the interest - both of which can be legitimately claimed by the claimant. £60 isn't legitimate.