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Anotherr CC Claim - Defence check

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24

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  • KeithP
    KeithP Posts: 41,296 Forumite
    Part of the Furniture 10,000 Posts Name Dropper
    edited 21 May 2020 at 11:23PM
    Ashspider said:
    Ah oh dear. I did it on the 29/04/20.With looking through all the info I must have misread after 5 days as within 5 days.Do you know how long it will shorten it by? 

    If the Acknowledgment of Service was filed on 29th April - that's remarkably soon after an Issue Date of 28th April - then your Defence must be filed by 4pm on Wednesday 27th May - next Wednesday.
    Check your MCOL Claim History for the exact date of the AoS being filed, but you only need do that if you think you might need a few extra days.
  • Coupon-mad
    Coupon-mad Posts: 152,133 Forumite
    Part of the Furniture 10,000 Posts Name Dropper Photogenic
    edited 22 May 2020 at 12:34AM
    global sum of £1124.88.
    That's not the Global sum per PCN.  The template defence tells you it is NOT a sum ending in pence, and in my earlier reply I told you exactly what to put for the global sum and to add the words 'per PCN'. 

    I also gave you other tips about your defence that I haven't checked for, but have you included them?
    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
  • Ashspider
    Ashspider Posts: 15 Forumite
    Fourth Anniversary 10 Posts
    I have now amended to per PCN (i.e. less any interest or court charges) and put plural where needed and changed points 16 & 17 to your suggestions. Just to confirm that these are in place of the original points, as I'm not disputing the signage, and not in addition to?
    I do appreciate your time to look through.
  • Umkomaas
    Umkomaas Posts: 43,392 Forumite
    Part of the Furniture 10,000 Posts Name Dropper Photogenic
    as I'm not disputing the signage
    Why?  That's the purported contract between the PPC and you. In court if you don't challenge something you effectively accept it. You're doing the PPC's job for them. 
    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: 152,133 Forumite
    Part of the Furniture 10,000 Posts Name Dropper Photogenic
    You are disputing the signs and that's already in the template, surely.  There's usually more than one paragraph about signs.
    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
  • Ashspider
    Ashspider Posts: 15 Forumite
    Fourth Anniversary 10 Posts
    Ok I think I've got everything sorted . I've included the info regarding signs from the original and that I was not the driver as per Coupon-mad's helpful example.
    Fingers crossed


     


  • Coupon-mad
    Coupon-mad Posts: 152,133 Forumite
    Part of the Furniture 10,000 Posts Name Dropper Photogenic
    Long way to go yet. Defence is not your only job. 

    No asking us about the DQ form, please just read IMPORTANT - KNOW WHAT HAPPENS WHEN (the red heading in the NEWBIES thread).
    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
  • Well it's been a while. Here is where we stand. Telephone court hearing is planned for 12th Feb. Witness statement already to send and out of the blue I receive an offer to pay £450 instead of the £1100 they are claiming. I will not be taking them up on the offer and replied as such. They have now come back asking for the name of the driver who I think was driving at the time. It could have been one of three but it definitely wasn't me as I was just the owner of the vehicle. Should I reply to say I do not know (the alleged offences are back in May  2018) or ignore and wait till the hearing? The signage is still shocking and the approach sign is pointing the wrong way so you can't see it.
  • Le_Kirk
    Le_Kirk Posts: 24,615 Forumite
    Part of the Furniture 10,000 Posts Photogenic Name Dropper
    They are a bit late asking for name of driver if the defence is in and it is going to a hearing.  If the thrust of your defence is based on no keeper liability, do NOT reveal the name of the driver - even if you know it  - unless it was you.  If you are asked by the judge "were you driving?" what are you going to say?  Claimants who offer reductions are clearly not sure of their case.  You could go back with a drop hands offer.
  • Ashspider
    Ashspider Posts: 15 Forumite
    Fourth Anniversary 10 Posts
    edited 19 January 2021 at 2:26PM
    Yes I'm going with no keeper liability and also signage is very poor. The pictures of the vehicle are not clear enough to show the driver. If the judge asks if it was me I will just say I was in work on those days (there are 5 separate charges) - which is the truth,  and I have my own company car so I am unaware of who was driving at the time.
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