Defence to letter received from CCBC 09.03.20

Redx

leave most of the backstory for the witness statement , just outline the bare bones in your defence and flesh it out later down the line in the WS

Le_Kirk

I would like to provide the below explanation which I'm assuming will be in point #17
On the date (15/06/20219) I have the defendant briefly stopped a the vehicle on the road next to the block of flats in which I leave they live. The mentioned road is a private road that does not belong to the building I’m living in in which the flats are situated, however my back the rear entrance (from the block) is accessed through that road. The reason for my the defendant's brief stop was due to helping my a disabled parent passenger to get out of the vehicle., and to the back gate through which my parent was able to access lift in our building and return to the flat.
[The pictures taken of the vehicle were from significant distance (50 meters) which might suggest that the person taking the picture was observing us leaving the car. No notice was left on my car.
I would like to mention, that my parent was only visiting and it is not permanently leaving living with me. The main entrance to the block is on the main, very busy road and it is not safe to assist my parent to access the building.]

When you write points like the above in a defence, it should be written in the third person, see my alterations above.  As advised by Redx, leave the bulk of the story for the witness statement (WS).  Point 17 is the correct place to place this.  Leave the points inside [....] for the WS

Sabs2020

Thanks both but I think I'm a bit confused. I have read the newbie link and can't see when the witness statement will be presented? Is this once it will get to court? (or I read this wrong and point #17 is the WS?) 

Can point #16 only have the below:
The Defendant is the main driver of this vehicle. It is not established thus far, whether the car was parked, or just stopped momentarily and caught by predatory ticketing. 

and point #17
On the date (15/06/20219) the defendant briefly stopped the vehicle on the road next to the block of flats in which they live. The pictures taken of the vehicle were from significant distance (50 meters). 

Thanks

nosferatu1001

The newbies thread tells you
It is after the DQ. The court will tell you your deadline to submit it. 
The WS is an entirely separate document. 

Le_Kirk

Point 16 & 17 go in the defence BUT anything that tells the story of what happened on the day or subsequently, goes in the witness statement.  Leave your 17 (edited like I showed you) in your defence BUT take out the part in 17 that I put inside the [....] and save that for the witness statement.  A defence is a legal and technical argument and a Witness Statement is a narrative.  nosferatu has now told you when the WS is required.

Sabs2020

so my points #16 and #17 are 

16.      The Defendant is the main driver of this vehicle. It is not established thus far, whether the car was parked, or just stopped momentarily and caught by predatory ticketing.

17.      On the date (15/06/20219) The defendant briefly stopped the vehicle on the road next to the block of flats in which they live. The mentioned road is a private road that does not belong to the building in which the flats are situated, however the rear entrance (from the block) is accessed through that road. The reason for the defendant's brief stop was due to helping a disabled passenger to get out of the vehicle.

the rest of the document I have left unchanged, apart names and correcting the the red bold writing to black and updating the amount. 
looks good to be send? 

Also is anyone able to direct me to any link where I can read about how HMCTS provide a free confidential Small Claims Mediation Service and if anyone used it? and if I were to agree and go ahead with the mediation would the court fee apply at this stage and will be paid by me? just as a back up plan if I start to panic! 

Thanks

Le_Kirk

Once you have submitted your defence, you will receive a DQ (or should do under normal circumstances) and on that DQ is a question with a tick box asking if you want to use mediation (and it's free).  The advice form this forum is always NO - you want to pay £ZERO and the parking company want £FULL.  End of mediation

Sabs2020

Le_Kirk said:

Once you have submitted your defence, you will receive a DQ (or should do under normal circumstances) and on that DQ is a question with a tick box asking if you want to use mediation (and it's free).  The advice form this forum is always NO - you want to pay £ZERO and the parking company want £FULL.  End of mediation

Thanks for the advise. I just want to know that if, for any reason I was not able to see this through to the end then what are my other option later on? for e.g if I file my Defence and complete the Directions Questionnaire but then for any reason I decide not take it any further  can I contact the claimant and pay it? would there be any other fees applicable?court fees? (on top of the one in claim form) I just never done it before so would like to know there is a way out if I get stuck. Hope this make sense

Thanks

KeithP

You can always settle with the Claimant - right up to the door of the courtroom.

But why would you want to do that?
Even if you lose at court, you will likely pay lees than they are seeking now.

Sabs2020

also the Defence is based on the fact that I'm disputing and not agreeing to pay the fees as they added additional cost to the original PCN amount, but then in point #16#17 I'm briefly explaining (with more details in the WS) that I do not agree with the overall PCN bill as I have not actually 'parked' my car but rather briefly stopped. Would judge not question this and ask what is my actual defence? 
during the hearing do you need to address and discuss every point from the defence letter? 
and why we asking to have the hearing in court instead of case on papers only? (what Gladstone is proposing) 

Thanks!