Template defence questions

mattura

Hi,

Thanks for all the useful information. I am so glad to have found this forum!

I received a County Court Claim Form and have completed the Acknowledgement of Service, and now need to write a defence.

I have edited the template defence as per: https://forums.moneysavingexpert.com/discussion/6108153/suggested-template-defence-to-adapt-for-all-parking-charge-cases-where-they-add-false-admin-costs/p1 but I have a couple of questions:

1) My claim form has: Amount claimed of £202.06 (made of £182 + £20.06 interest); Court fee £25; Legal rep costs £50 and total £277.06

Which of these amounts do I put in the defence at point #2? Can I put "the claimant routinely claims a global sum exceeding £200" or similar?

2) For point #18: In my case there was apparently some kind of iPad that the vehicle was supposed to be registered on which the driver had no sight of; the signage was sparse, hard to read and as far as is known doesn't mention the necessity to register on a iPad; I was dining with my pregnant and also breastfeeding wife, with our young daughter, in the area (far from home) to attend a funeral;  - are these all points I should be making? Should I make them here?

3) The NTK was dated 39 days after the "parking incident" - should this be mentioned? Also I responded to the LBA by post, stating that they have not complied with the practice direction and arbitrary amounts have been added, but they did not adequately respond - and then only 45 days later, demanding I pay within 7 days of the letter. Is it helpful to mention this?

4) How much and what kind of evidence should I be looking to acquire? Being 300 miles from home I can't go back and take pictures of the signage, Google maps is not very clear and the restaurant is now closed (Covid) in any case. I have a bank card statement showing the restaurant transaction, and a copy of my letters, but that is about it at the moment.

5) To confirm - my claim issue date is 10th July, so I believe I have to file the defence within the next 2 weeks (5 days + 28 days)?

Many thanks in advance!

KeithP

mattura said:

I received a County Court Claim Form and have completed the Acknowledgement of Service

To confirm - my claim issue date is 10th July, so I believe I have to file the defence within the next 2 weeks (5 days + 28 days)?

With a Claim Issue Date of 10th July, and having filed an Acknowledgment of Service in a timely manner, you have until 4pm on Wednesday 12th August 2020 to file your Defence.

As you say, that's two weeks away. Plenty of time to produce a Defence and it's good to see that you are not leaving it to the last minute.

To create a Defence, and then file a Defence by email, look at the second post in the NEWBIES thread.

Don't miss the deadline for filing a Defence.

nosferatu1001

1) £182 is the global sum. The global sum excludes allowed add ons such as interest and court fees
2) Did you appeal? Did you reveal the drivers ID? If no you must PM a board guide - such as Soolin - *asking* ifthey can change your post so it says THE DRIVER parked...
3) Was there a notice on the windscreen? Yes or No. If NO then they failed to meet the requirements of POFA2012 which means the driver may be liable, the keeper isnt. Telling the whole world who the driver is is therefore a bad idea. 
4) As much as you can. Have you tried asking local facebook groups to see if they ahve pics? 
5) What date did you file the AOS online on?

KeithP

nosferatu1001 said:

2) Did you appeal? Did you reveal the drivers ID? If no you must PM a board guide - such as Soolin - *asking* ifthey can change your post so it says THE DRIVER parked...

Nos, the OP has been around for a couple of years so is probably able to edit his own post along the lines you suggest. 

mattura

nosferatu1001 said:

1) £182 is the global sum. The global sum excludes allowed add ons such as interest and court fees
2) Did you appeal? Did you reveal the drivers ID? If no you must PM a board guide - such as Soolin - *asking* ifthey can change your post so it says THE DRIVER parked...
3) Was there a notice on the windscreen? Yes or No. If NO then they failed to meet the requirements of POFA2012 which means the driver may be liable, the keeper isnt. Telling the whole world who the driver is is therefore a bad idea. 
4) As much as you can. Have you tried asking local facebook groups to see if they ahve pics? 
5) What date did you file the AOS online on?

1) Many thanks.

2) I did contact the business owner to complain, but they said it was too late to cancel the ticket. No POLPA or dispute resolution was offered. I did not reveal the ID of the driver - I'll try to be careful about this!

3) There was no notice on the windscreen - it was an ANPR camera

4) Thanks that's a good idea

5) I filed the AOS on 15th July to try to give myself maximum time

nosferatu1001

5) so yes you hae  the full 33 days - set a reminder and dont expect any reminders!

Redx

Which parking company ??

Evidence isn't needed for the defence , but is needed before the hearing in several months time

mattura

Civil Enforcement Ltd

nosferatu1001

Oh wow - CEL? 
Theyre SO BAD at court claims
They either discontinue or make a complete mess of it. 

mattura

nosferatu1001 said:

Oh wow - CEL? 
Theyre SO BAD at court claims
They either discontinue or make a complete mess of it. 

Good to know!

KeithP

mattura said:

I did not reveal the ID of the driver - I'll try to be careful about this!

Then as suggested earlier, you need to edit your opening post.

Perhaps your point 2) should look something like:
2) For point #18: In my case there was apparently some kind of iPad that the vehicle was supposed to be registered on which the driver had no sight of; the signage was sparse, hard to read and as far as is known doesn't mention the necessity to register on a iPad; I was dining with my pregnant and also breastfeeding wife, with our young daughter, in the area (far from home) to attend a funeral;  - are these all points I should be making? Should I make them here?