OWN SPACE DEFENCE - PLEASE ADVISE

Umkomaas

Coupon-mad said:

IMHO it's a really good adaptation and I do recognise it as the Feb 2020 template plus vital facts added.

Hussar1715 said:

ALL - thank you, however there seems to be disagreement. I believe this to be the Feb 2020 template - it certainly came from the link provided that suggested it was the Feb 2020 template and was named as such. Could we please confirm if this is indeed what it is meant to be and if I am 'good to go'?

The numbered paras was just a formatting issue - you can take it as read they will be numbered.

Two questions: Can I, therefore, use the above statement of truth (in my Version 2 above - again, there seems to be disagreement on this, or do I need to use Le_Kirks longer one?  

And second, presumably I do need to attach Appendix A, B and C as they are referenced in the main body (just double checking). 

Thank you all very much - sterling effort and advice from all.  

Coupon-mad, who wrote the Feb 2020 template, has effectively 'signed off' your defence, so go with that. 

Le Kirk is correct in respect of using the longer Statement of Truth, which has only very recently been introduced by the MoJ. 

Fruitcake

The longer statement of truth was introduce on the 6th of April. Anything submitted after that date must have it. Please check the CPR to ensure you have the correct version, using a search engine of your choice.

Please number your paragraphs anyway so the regulars can refer to them.

Coupon-mad

Yes you must use the new statement of truth - it's so new I haven't edited the template to include it yet.
Your defence is good to go, with the above statement of truth changed, and attach Appendix A, B and C (in fact you only attach C as a separate PDF because A and B are screenshot into the appeal anyway).  You could add C into the appeal PDF, the only reason I didn't was because it's 6 pages, not one screenshot, and my laptop is a few years old and it mucked up the formatting of DJ Grand's judgment when I tried!

Hussar1715

ALL - TWO THINGS - first, thank you. That's my defence emailed as directed. Much appreciated. I will check the MCOL every day or so and continue to follow the process as suggested. Thank you. 

You may wish me to start a separate thread for the following question as it involves a PCN for the 'Ultra Low Emission Zone' from Transport for London (TFL). My 83 year old mother has been ignoring correspondence and I have just found out. Seeing as this site / process / content has been so helpful for me, I have proposed 'taking over' for my elderly parent who is not tech savvy anyway. 

They have sent an order to Northampton Court on 14.04.20 and I have spoken to the court (by phone) who have advised I fill out a 'Statutory Declaration' form 'PE3' for the unpaid penalty charge (which they have sent me). 

Are there similar directions / set responses and processes for TFL and their little known about 'Ultra Low Emission Zone'?

Le_Kirk

Hussar1715 said:

You may wish me to start a separate thread for the following question as it involves a PCN for the 'Ultra Low Emission Zone' from Transport for London (TFL). My 83 year old mother has been ignoring correspondence and I have just found out. Seeing as this site / process / content has been so helpful for me, I have proposed 'taking over' for my elderly parent who is not tech savvy anyway. 
They have sent an order to Northampton Court on 14.04.20 and I have spoken to the court (by phone) who have advised I fill out a 'Statutory Declaration' form 'PE3' for the unpaid penalty charge (which they have sent me). 
Are there similar directions / set responses and processes for TFL and their little known about 'Ultra Low Emission Zone'?

You may want to take this one over to Pepipoo as this forum majors on parking issues.  Pepipoo are the experts on other matters (as well as council parking).  when you register, do not use a Hotmail address as their system does not like them.

nosferatu1001

Go to pepipoo for the ULEZ post

the pe3 form is awful,and must be filled out in very specific ways. You must go to pepipoo and read the decrim forum. Documents will be required. 

Hussar1715

All - ULEZ looks like a non-starter FYI. All seem to have lost so far / TFL wins virtually all appeals it seems.

On my parking / own space situation, the defence is in now and I have recently received an acknowledgement of defence from Northampton Court in writing. My understanding is that I now wait to receive the DQ from CCBC. I complete it, send it back to CCBC and a copy to the Claimant attaching the Southampton 6 pager case as described. 

Of note, something I haven't done / been recommended to do in this case so far is request a SAR or write to DCB Legal stating that I am seeking Debt Advice and confirming my address etc (the points in the advice thread basically). Is this necessary in my case?  

Fruitcake

You should always send a SAR to the PPC as early as possible, but this doesn't halt proceedings.

Normally you should add to your letter to the legal team that, although you deny any debt, you are seeking debt advice and therefore, pursuant to the pre-action protocol for debt claims 4.2 you require them to suspend the action for 30 days. However it may be too late to tell them about seeking debt advice because action has already started so the pre action protocol stage has passed. Hopefully one of the more knowledgeable posters can advise.

When you get to the exhibits stage, please post a copy of the alleged contract the scammers are trying to rely on.

nosferatu1001

Or given post is rubbish right now, just download it as per the newbies thread. Much more certain. I would NOT trust the post right now. 
Everyone is told to file a SAR with the PPC when they receive a LBC OR a claim form. So why not do so? 
"Seeking debt advice" is pointless when you have a claim form. Its purely for pre-claim stage. 

Le_Kirk

Hussar1715 said:

All - ULEZ looks like a non-starter FYI. All seem to have lost so far / TFL wins virtually all appeals it seems.

On my parking / own space situation, the defence is in now and I have recently received an acknowledgement of defence from Northampton Court in writing. My understanding is that I now wait to receive the DQ from CCBC. I complete it, send it back to CCBC and a copy to the Claimant attaching the Southampton 6 pager case as described. 

Of note, something I haven't done / been recommended to do in this case so far is request a SAR or write to DCB Legal stating that I am seeking Debt Advice and confirming my address etc (the points in the advice thread basically). Is this necessary in my case?  

You could download a DQ (use this LINK) or fill it in on line and send it.  There was a post on here yesterday where a default judgment was issued because the defendant waited (in vain as it turned out) for a DQ to arrive that didn't and the claimant field for a default and got it.