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County court claims form defence template

Hi
Can someone help me write a defence for a county court claim issued against me please? I haven't done this befofe so i am not sure of the outline/format, any templates would also be great. 

I have acknowledged the claim and intend to defend the full claim because i paid for full parking but forgot to use my new number plate and instead paid for parking my old car reg. I used the car park regularly in the past and it became a habit of pressing the same numbers on the oho e dialpad with the automated line to pay for parking.
I have proof of payment for parking on the day. 

Any help would be much appreciated. Thanks 
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Comments

  • Coupon-mad
    Coupon-mad Posts: 148,185 Forumite
    Part of the Furniture 10,000 Posts Name Dropper Photogenic
    edited 5 November 2020 at 1:34AM
    You just need the defence template at the top of the forum (NO LINK).

    You don't seem to have read the NEWBIES thread either?    Which parking firm?
    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
  • KeithP
    KeithP Posts: 41,219 Forumite
    Part of the Furniture 10,000 Posts Name Dropper
    What is the Issue Date on your County Court Claim Form?

    On what date did you file an Acknowledgment of Service?
    Your MCOL Claim History will have the definitive answer to that.
  • Umkomaas
    Umkomaas Posts: 42,882 Forumite
    Part of the Furniture 10,000 Posts Name Dropper Photogenic
    Is this related to your thread from last year?

    https://forums.moneysavingexpert.com/discussion/6040768/pcn-driver-not-registered-keeper-dcbl/p1

    if so, that has the background, and you need to have this new one amalgamated with it. This will save us having to ask questions that have already been answered. No one will flick back and forward to a floating thread about the same case. 

    Please PM a volunteer Board Guide and ask if they will kindly amalgamate. @soolin, @savvy
    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
  • Nosy
    Nosy Posts: 181 Forumite
    Fifth Anniversary 100 Posts Name Dropper
    Hi, no its not related to thread from last year.  Sorry i haven't read newbie threat yet too. I have onky used this site a few times, but will read. 

    The parking firm was Excel Parking.
    The claim issue date was 23rd October 2020. Acknowledgement of service submitted on 27th October.

    Story:
    PCN issued in 2017.

    The PCN was issued for ' parked without displaying a valid ticket/permit' but I did pay at the time but I entered the wrong registration using the Ringo telephone service. At the time i changed my number plate and forgot to put in the new number plate to the account hence why i paid for parking for my old number plate.

    I appealed the case at the time and it was rejected and dismissed both by Excel Parking Services and IAS

    I have written my defence below:
    Dear County Court, 

    I am defending this claim because i paid for parking for the full duration of stay on that day. At the time i was a regular user of that car park and my car reg was saved to their systems. The method of paying was via telephone with an automated line which made it easy and to pay by pressing a few numbers and entering my debit card security number. My number plate XXXXX was saved to their systems.

    I changed my number plate and my new llate was Xxxx, On the day i parked in the car park, i paid for parking as normal however othat day was the first day i paid for parking whilst my new number plate was on the car and out of daily habit i paid for parking for my old nunber plate and forgot to enter my new number plate.

    I appealed the case and made the claimant aware of this genuine error but they did not accept my appeal or reduce the amount of the PCN.

    In addition their Code of practise makes no mention of incorrect numbers entered but the opposition, the BPA, require that the charge is reduced to £20 if for a wrong number plate is entered but there was no offer of this from the parking operator at any time.

    I did make a genuine error but parking was paid for in full and is evident in my bank statement which i can provide upon request.
  • Nosy
    Nosy Posts: 181 Forumite
    Fifth Anniversary 100 Posts Name Dropper
    this is the initial response to my appeal from Excel Parking in 2017.
  • Nosy
    Nosy Posts: 181 Forumite
    Fifth Anniversary 100 Posts Name Dropper
    You just need the defence template at the top of the forum (NO LINK).

    You don't seem to have read the NEWBIES thread either?    Which parking firm?
    Sorry but i am still getting used to using online forums. I cannot locate the defence template at the top of the page. Is there anyway you can guid me to it or send it somehow?
    This claim is really starting to stress me out as i still dont have a proper defence written up. 

    Really appreciate your help. Thank you 
  • Coupon-mad
    Coupon-mad Posts: 148,185 Forumite
    Part of the Furniture 10,000 Posts Name Dropper Photogenic
    Let us know when you've read the NEWBIES thread for your stage, please.  It will take longer than a few minutes.
    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
  • 1505grandad
    1505grandad Posts: 3,663 Forumite
    Part of the Furniture 1,000 Posts Name Dropper
    It is much easier using this forum on a desktop, laptop or proper tablet rather than a phone if this is the case.
  • Nosy
    Nosy Posts: 181 Forumite
    Fifth Anniversary 100 Posts Name Dropper
    Let us know when you've read the NEWBIES thread for your stage, please.  It will take longer than a few minutes.
    Hi, thanks i have located and read the newbies thread and found alot of useful info and the template. 
  • KeithP
    KeithP Posts: 41,219 Forumite
    Part of the Furniture 10,000 Posts Name Dropper
    Nosy said:
    The claim issue date was 23rd October 2020. Acknowledgement of service submitted on 27th October.

    With a Claim Issue Date of 23rd October, and having filed an Acknowledgment of Service on 27th October, you have until 4pm on Tuesday 24th November 2020 to file your Defence.
    That's nearly three 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 by email, look at the second post in the NEWBIES thread.
    Don't miss the deadline for filing a Defence.
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