We’d like to remind Forumites to please avoid political debate on the Forum.

This is to keep it a safe and useful space for MoneySaving discussions. Threads that are – or become – political in nature may be removed in line with the Forum’s rules. Thank you for your understanding.

IMPORTANT: Please make sure your posts do not contain any personally identifiable information (both your own and that of others). When uploading images, please take care that you have redacted all personal information including number plates, reference numbers and QR codes (which may reveal vehicle information when scanned).
📨 Have you signed up to the Forum's new Email Digest yet? Get a selection of trending threads sent straight to your inbox daily, weekly or monthly!

Defence Advice please CASE STRUCK OUT

2456715

Comments

  • covid1956
    covid1956 Posts: 97 Forumite
    Fifth Anniversary 10 Posts
    KeithP said:
    What is the Issue Date on your County Court Claim Form?       19th March

    Have you filed an Acknowledgment of Service? If so, when? Yes 21st March

    Evidence comes later - probably some months away.




  • KeithP
    KeithP Posts: 41,296 Forumite
    Part of the Furniture 10,000 Posts Name Dropper
    With a Claim Issue Date of 19th March, and having filed an Acknowledgment of Service on 21st March, you have until 4pm on Monday 20th April 2020 to file your Defence.
    That's four weeks away. Plenty of time to produce a Defence, but please don't leave it to the last minute.

    To file a Defence, follow the guidance in this post:

    Guidance on creating a Defence is also in that thread - in the first post on that thread.

    Don't miss the deadline for filing a Defence.
  • covid1956
    covid1956 Posts: 97 Forumite
    Fifth Anniversary 10 Posts
    KeithP said:
    With a Claim Issue Date of 19th March, and having filed an Acknowledgment of Service on 21st March, you have until 4pm on Monday 20th April 2020 to file your Defence.
    That's four weeks away. Plenty of time to produce a Defence, but please don't leave it to the last minute.

    To file a Defence, follow the guidance in this post:

    Guidance on creating a Defence is also in that thread - in the first post on that thread.

    Don't miss the deadline for filing a Defence.
    Thanks KeithP
    I have read in various defences that the court claim form must be signed by a "legal professional" however i have yet to see it confirmed in the legislation or other resources on "the web"  Can anyone shed light on this?
    Covid
  • Umkomaas
    Umkomaas Posts: 43,750 Forumite
    Part of the Furniture 10,000 Posts Name Dropper Photogenic
    covid1956 said:
    KeithP said:
    With a Claim Issue Date of 19th March, and having filed an Acknowledgment of Service on 21st March, you have until 4pm on Monday 20th April 2020 to file your Defence.
    That's four weeks away. Plenty of time to produce a Defence, but please don't leave it to the last minute.

    To file a Defence, follow the guidance in this post:

    Guidance on creating a Defence is also in that thread - in the first post on that thread.

    Don't miss the deadline for filing a Defence.
    Thanks KeithP
    I have read in various defences that the court claim form must be signed by a "legal professional" however i have yet to see it confirmed in the legislation or other resources on "the web"  Can anyone shed light on this?
    Covid
    Unlikely to be of any real consequence - you've bigger fish to fry than looking for any marginal legal loopholes - we are not a legal-focused forum, despite hugely unrealistic expectations from many newbies. 

    Have you told us yet which parking firm is involved here?
    Please note, we are not a legal advice forum. I personally don't get involved in critiquing court case Defences/Witness Statements, so unable to help on that front. Please don't ask. .

    I provide only my personal opinion, it is not a legal opinion, it is simply a personal one. I am not a lawyer.

    Give a man a fish, and you feed him for a day; show him how to catch fish, and you feed him for a lifetime.

    Private Parking Firms - Killing the High Street
  • Coupon-mad
    Coupon-mad Posts: 155,452 Forumite
    Part of the Furniture 10,000 Posts Name Dropper Photogenic
    https://www.civillitigationbrief.com/2019/03/22/something-for-the-weekend-the-third-post-this-week-about-the-statement-of-truth-when-a-solicitor-signs-a-statement-of-truth-on-behalf-of-a-client/

    https://www.cilex.org.uk/membership/practice_advice/faq_definitions/signing_a_statement_of_truth
     It may be signed by the legal representative, who must state the capacity in which he or she signs and give the name of his or her firm, but must sign in his or her own name and not that of the firm.

    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
  • covid1956
    covid1956 Posts: 97 Forumite
    Fifth Anniversary 10 Posts
    read  the articles in coupon mads post my opinion is its not clear cut either way
  • covid1956
    covid1956 Posts: 97 Forumite
    Fifth Anniversary 10 Posts
    Umkomaas said:
    covid1956 said:
    KeithP said:
    With a Claim Issue Date of 19th March, and having filed an Acknowledgment of Service on 21st March, you have until 4pm on Monday 20th April 2020 to file your Defence.
    That's four weeks away. Plenty of time to produce a Defence, but please don't leave it to the last minute.

    To file a Defence, follow the guidance in this post:

    Guidance on creating a Defence is also in that thread - in the first post on that thread.

    Don't miss the deadline for filing a Defence.
    Thanks KeithP
    I have read in various defences that the court claim form must be signed by a "legal professional" however i have yet to see it confirmed in the legislation or other resources on "the web"  Can anyone shed light on this?
    Covid
    Unlikely to be of any real consequence - you've bigger fish to fry than looking for any marginal legal loopholes - we are not a legal-focused forum, despite hugely unrealistic expectations from many newbies. 

    Have you told us yet which parking firm is involved here?
    Have you told us yet which parking firm is involved here?   VCS
    Covid
  • KeithP
    KeithP Posts: 41,296 Forumite
    Part of the Furniture 10,000 Posts Name Dropper
    edited 23 March 2020 at 12:59AM
    covid1956 said:
    read  the articles in coupon mads post my opinion is its not clear cut either way
    But as Umkomaas said:
    Unlikely to be of any real consequence - you've bigger fish to fry than looking for any marginal legal loopholes - we are not a legal-focused forum, despite hugely unrealistic expectations from many newbies. 
    Forget it or try a legal forum - maybe LegalBeagles.
  • D_P_Dance
    D_P_Dance Posts: 11,592 Forumite
    Part of the Furniture 10,000 Posts Name Dropper
    edited 23 March 2020 at 10:19AM
    Have you read about the additions to CPR wrt witness statements which come into effect soon?  

    If they have added unlawful amounts they may well be on sticky ground.  
    You never know how far you can go until you go too far.
  • covid1956
    covid1956 Posts: 97 Forumite
    Fifth Anniversary 10 Posts
    D_P_Dance said:
    Have you read about the additions to CPR wrt witness statements which come into effect soon?  
    will have a look, but the point relates to who can sign a claim form, if only a legal professional could sign a claim form then you and i would have to employ a solicitor to take someone to the small claims court.
    I think my defence needs some major work, would welcome any help
    Covid
Meet your Ambassadors

🚀 Getting Started

Hi new member!

Our Getting Started Guide will help you get the most out of the Forum

Categories

  • All Categories
  • 352K Banking & Borrowing
  • 253.5K Reduce Debt & Boost Income
  • 454.2K Spending & Discounts
  • 245K Work, Benefits & Business
  • 600.6K Mortgages, Homes & Bills
  • 177.4K Life & Family
  • 258.8K Travel & Transport
  • 1.5M Hobbies & Leisure
  • 16.2K Discuss & Feedback
  • 37.6K Read-Only Boards

Is this how you want to be seen?

We see you are using a default avatar. It takes only a few seconds to pick a picture.