Help needed with county court claim defence for ParkingEye claim

AllOtherNamesAlreadyInUse

Coupon-mad said:

Eh?  That's a defence; that's what a defence looks like.   You need to adapt one  for your own facts and change the statement of truth to the new one, like the NEWBIES thread clearly tells you to do. 

It isn't A4 sized - not one page - and you are obviously NOT going to be filling in the claim papers by hand (THE NEWBIES THREAD TELLS YOU NOT TO) nor trying to squash it into MCOL online, because that's not how we submit our defences.  

The reason you don't know this is because you haven't answered KeithP's question...he was waiting for your answer before telling you how to email your signed defence.

Ah OK. I've never written a legal defence before so didn't know what it looked like, the two defences on the links below begin with the words "In the County Court" and is very long, with numbered points, so I thought that was from the hearing itself. I'll adapt it to my particular case. So do I need to start with the header at the top with "In the County Court" and the name of the Claimant and Defendant? If so is this because I'll be using an email route outside of the form I'm been issued with (the one with the Defence section I'm supposed to fill in)?
I was expecting a defence that could be written in the space they provided, that's one of the reasons for my confusion.

AllOtherNamesAlreadyInUse

KeithP said:

With a Claim Issue Date of 6th July, you have until Monday 27th July to file an Acknowledgment of Service, but there is nothing to be gained by delaying it. 

Having filed an AoS, you have until 4pm on Monday 10th August 2020 to file your Defence.

That's two weeks away. Plenty of time to produce a Defence, but please don't leave it to the last minute.

To create a Defence, and then file a Defence, look again at the second post on the NEWBIES thread - immediately following where you found the Acknowledgment of Service instructions.

Thanks for the info, I've already sent an AoS so it's just the defence to get sorted ASAP now.
I think I'm understanding it better now, I didn't realise the examples (e.g. https://forums.moneysavingexpert.com/discussion/comment/74850073#Comment_74850073) are what I need to adapt as I was expecting something shorter to fit in the space.
The "coupon-mad" member mentioned that you'll provide instructions of how to send the long defence outside of the official paperwork I've been issued with, which I'm a bit worried about as I have an official County Court form that they're expecting me to complete and return the Defence section aren't they?

KeithP

Structure your Defence document as the others that you have seen - with the proper headings and the new Statement of truth.

My last post describes how to file your Defence when ready. Do not use the form - the reason is fully explained in the NEWBIES thread.

But first, before 4pm on Monday, file an Acknowledgment of Service.

KeithP

I've already sent an AoS...

How did you send that? Online I hope?

If not, then I would suggest you do it again online using the process I mentioned earlier. Post has a habit of getting lost.

...I have an official County Court form that they're expecting me to complete and return the Defence section aren't they?

No, do not do that.

Follow the tried and tested route described in great detail that you will find if you follow the guidance.

Coupon-mad

Please just read the NEWBIES thread. 

We've told you that you are to email your signed defence.  NEWBIES thread tells all, including the new statement of truth.  Yes, a defence starts ''In the County Court'' - I wouldn't link them as example defences if they were not examples of how to head up and set out a proper, paragraph-numbered defence. 

That's why they are there!   They are not 'notes from a court case'.  I've never been asked that before and no newbie MSE poster has written a legal defence before, everyone is like you. 

Your case is no different than all the other current ParkingEye ones - go back a dozen pages and read some.

AllOtherNamesAlreadyInUse

KeithP said:

I've already sent an AoS...

How did you send that? Online I hope?

I phoned the court before being aware of this helpful forum at MSE, the chap I spoke to said I could either post the form or email a scan of the Acknowlegement page to ccbcaq@justice.gov.uk , which is what I did. I received back an automated email so I know they've received it. Is that sufficient or should I contact them again by phone to ensure they've processed it?

...I have an official County Court form that they're expecting me to complete and return the Defence section aren't they?

No, do not do that.

Follow the tried and tested route described in great detail that you will find if you follow the guidance.

Sorry mate but I'm gonna need you to point me to it as I've read the 2nd post again on the following page:
https://forums.moneysavingexpert.com/discussion/4816822/newbies-private-parking-ticket-old-or-new-read-these-faqs-first-thankyou#latest
I can't see anything about how to send a Defence outside of the official process I've been asked to do.

Coupon-mad

Why not just read any other claim/defence thread?  You email it.  

The template defence thread also says where to email it.  But don't use that template defece because that's for non-ParkingEye cases only.

KeithP

AllOtherNamesAlreadyInUse said:

...I have an official County Court form that they're expecting me to complete and return the Defence section aren't they?

No, do not do that.

Follow the tried and tested route described in great detail that you will find if you follow the guidance.

Sorry mate but I'm gonna need you to point me to it as I've read the 2nd post again on the following page:
https://forums.moneysavingexpert.com/discussion/4816822/newbies-private-parking-ticket-old-or-new-read-these-faqs-first-thankyou#latest
I can't see anything about how to send a Defence outside of the official process I've been asked to do.

In my earlier post I wrote:

KeithP said:

To create a Defence, and then file a Defence, look again at the second post on the NEWBIES thread - immediately following where you found the Acknowledgment of Service instructions.

Don't miss the deadline for filing an Acknowledgment of Service, nor that for filing a Defence.

OK, you didn't use the AoS instructions from there, but immediately following the only link to a dropbox file in the second post on the NEWBIES thread there is a link to this post:
https://forums.moneysavingexpert.com/discussion/6108153/suggested-template-defence-to-adapt-for-all-parking-charge-cases-where-they-add-false-admin-costs/p1

In that post are full instructions on how to file a Defence.


Note to Coupon-mad: CM, that part of the NEWBIES thread needs rewording slightly. It currently implies that the first post of the suggested-template-defence-to-adapt-for-all-parking-charge-cases-where-they-add-false-admin-costs thread only applies to non-ParkingEye defences. If one follows that implication, ParkingEye victims will not see the 'how to file a Defence' guidance.

AllOtherNamesAlreadyInUse

Coupon-mad said:

Why not just read any other claim/defence thread?  You email it.  

The template defence thread also says where to email it.  But don't use that template defece because that's for non-ParkingEye cases only.

I think that's why I couldn't find it: it's not on the 2nd post of the NEWBIE FAQ page that you referred me to and not on the ParkingEye defence examples, I've found it now on the general (non ParkingEye) defence which I wasn't looking at earlier since mine is a ParkingEye claim.

AllOtherNamesAlreadyInUse

OK, you didn't use the AoS instructions from there, but immediately following the only link to a dropbox file in the second post on the NEWBIES thread there is a link to this post:

https://forums.moneysavingexpert.com/discussion/6108153/suggested-template-defence-to-adapt-for-all-parking-charge-cases-where-they-add-false-admin-costs/p1
In that post are full instructions on how to file a Defence.

Thanks Keith, I found it now after CM mentioned the general template thread, I think your note to CM (regarding rewording where the defence submit instructions are) would help other users as I was starting to get a little frustrated. I suppose if I was reading lots and lots of defence examples I would've eventually come across it.