County court claims form defence template

Redx

Save any jackanory story for your witness statement

Adapt the two paragraphs in that Defence template and post the adapted paragraphs below for critique

Nosy

KeithP said:

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.

One of the post mentioned requesting a SAR to view the evidence that will be used against me. How much time does the claimant have to provide all the evidence? 

Redx

The SAR template gives you that info , 30 days

Nosy

Thanks, yes just saw the template and noticed its 30days, unfortunately that means for me that i may not receive the data by my defense due date. 

Umkomaas

SAR information is more relevant to the Witness Statement stage - some months away. Plenty of time for that. 

KeithP

Nosy said:

...unfortunately that means for me that i may not receive the data by my defense due date. 

That's usually the case, but the information returned is likely to be more useful at Witness Statement time.

By the way... there is no letter "s" in Defence.

Nosy

 I have written up a defence below. Any feedback, suggestion and further advice would be really appreciated. Thanks again for all your support!

I went though my phone to find any images of the car park signboards but unfortunately i can't find anything. The car park have changed operators now so i can't go to see the signboards that would have been there 3 years ago. However i logged back in to the appeal section of their website and found an image of their signboard but bad quality and difficult to see if there was any mention of a PCN for wrong number plate entered, but i assume there would have been right?
Also i can't remember when i made the initial appeal if i admitted being the driver, i believe this would come back from the SAR right? i wrote up the defence assuming i have already made them aware that i am the driver because at the time i was not the registered keeper of the car.

below is the deference 

The facts as known to the Defendant:

2.       It is admitted that the Defendant was the driver of the vehicle in question but liability is denied. 

 

3.   The defendant admits to parking on site. The defendant recalls using the ‘Ringo’ virtual service to pay for parking in full, the amount of £3.60 on XX October 2017 (PCN Issue date).

The defendant was a regular user of the car park and of the Ringo service. The defendants’ personal details, vehicle details, and payment details were saved on the Ringo database which included Vehicle Registration XXXXXX, Make, Model and Debit Card details including address.

Prior to XX October 2017 (PCN Issue date) the defendant registration plate was XXXXXXX which was the registration saved on the Ringo database. The defendant number plate was changed by XX October 2017 (PCN Issue date) so this was the first day the defendant parked onsite with the new vehicle registration plate XXXXX.

On XX October 2017 (PCN Issue date) the defendant used the car park as normal, and paid for parking using the Ringo telephone service by calling the automated line and selecting options to pay. As the defendant’s details were saved the process to pay using Ringo became more simple as the telephone calls became shorter and requirement of pressing numbers on the keypad reduced.  On XX October 2017 (PCN Issue date) the driver forgot to change the vehicle registration to the new registration, XXXXXXX but instead paid for parking the old vehicle registration XXXXXXX.

The defendant recalls seeing one signboard that displayed charges for parking which contained several colours and emitted a busy look. The signboard contained both large text and incredibly small font in different colours.  

Coupon-mad

emitted a busy look. 

Not good English.  'had cluttered wording'?

Nosy

Yes thats what i meant i have amended last paragraph to:

"The defendant recalls seeing one signboard that displayed charges for parking which contained several colours and looked like an overly congested small print." 

Is the whole document supposed to be in caps? 

From the template its only these two paragraphs that i need to write, right? I couldn't find anything else which needed to be changed. I assume paragraph 6 last sentence £85 charge related to Beavis case not mine as i belive mh iItal charge was £100 reduced to £60 of paid within 14days.

"It is denied that the Claimants have expended additional costs for the same letters that the Beavis case decision held were a justification for the (already increased from the discount) parking charge sum of £85 ." 

Le_Kirk

Nosy said:

Is the whole document supposed to be in caps? 

From the template its only these two paragraphs that i need to write, right? 

The capital letters are there as instructions to you, the defendant and defence writer.  It is only paragraphs 2 & 3 that you need to change and show us on here BUT, of course, you send the WHOLE defence to the e-mail address supplied by @KeithP (here 5 November at 3:26PM <<<< LINK) or that you have found in the NEWBIE instructions.