County court claims form defence template

Nosy

Le_Kirk said:

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.

Thanks but i couldn't find an email address but jusy the following comment on post 2 of the newbies thread. 
'Send your defence to the CCBCAQ email address given by KeithP in all the other recent claim/defence threads we need you to read first' 

But i did find this email on google, ccbc@justice.gov.uk. Do you know if this is the right one? 

Nosy

Does anyone know of any simmilar cases which went to court ? For the driver entering a number plate for a different car. 

Nosy

Hi, this is my final draft of the defence. I have found that this claimat have not followed the BPA code of practise and also put this in the defence. 

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 looked like an overly congested small print." 

The BPA code of practise 17.4 paragraph B states in this situation where a major keying error occurs ' it is reasonable to seek to

recover some of these costs by making a modest charge to the motorist of no more than £20 for a 14-day period from when the keying error was identified' but at no point did the claimant mention or offer this £20 option and therefore failed to comply with the BPA code of practice.


Is there anything else you would advise me to include  or change? 

KeithP

Nosy said:

Le_Kirk said:

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.

Thanks but i couldn't find an email address but jusy the following comment on post 2 of the newbies thread. 
'Send your defence to the CCBCAQ email address given by KeithP in all the other recent claim/defence threads we need you to read first' 

But i did find this email on google, ccbc@justice.gov.uk. Do you know if this is the right one? 

 No that is not the right address.

Just three days ago, on your very own thread I wrote:

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

You actually quoted that post of mine just an hour later.

Yesterday morning @Le_Kirk directed you towards my post again.

Why didn't you follow that guidance?

Sorry, I am not going to give you the correct CCBC email address, simply because there is so much more information you need to read by following that link. The whole point of giving links to information is to save having to repeat the same thing ad nauseam.

Le_Kirk

Nosy said:

Le_Kirk said:

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.

Thanks but i couldn't find an email address but jusy the following comment on post 2 of the newbies thread. 
'Send your defence to the CCBCAQ email address given by KeithP in all the other recent claim/defence threads we need you to read first' 
But i did find this email on google, ccbc@justice.gov.uk. Do you know if this is the right one? 

It is in the New Defence Template, just required a bit of following links; yours is not quite right: -
Submitting your defence:
Thanks to @KeithP for this summary of how to submit a defence by email to the CCBCAQ email address:  
If you have no access to a scanner, then put an electronic signature in it. When you are happy with it, your defence is to be filed via email as suggested here:

1. Print your Defence.
   
2. Sign it and date it.
   
3. Scan the signed document back in and save it as a pdf.
   
4. Send that pdf as an email attachment to CCBCAQ@Justice.gov.uk 
5. Just put the claim number (check it very carefully) and the word Defence in the email title, and in the body of the email something like 'URGENT RE CLAIM XXXXXXXX - Please find my Defence attached.

Le_Kirk

Nosy said:

Does anyone know of any similar cases which went to court ? For the driver entering a number plate for a different car. 

There are several, they just need to be found using the Forum search tool.

Redx

I would suspect there have been hundreds or possibly thousands of similar cases in the last few years , but we do not see every single one on here , not at all

The whole point of this forum is self help with targeted advice given , people should already know how to use a forum and search options

As mentioned above , the regulars here have seen multiple instances of almost any topic on parking , it is extremely rare for anything new to arise , it's mostly S S D D and incorrect number plate entry for any reason is extremely common , especially typos or using the wrong vehicle VRM , which is why they now have specific sections in the January 2020 CoP

As for the CCBC email address , the ccbcaq label is a direct giveaway to most of it

As for the 2 paragraphs , practice has had an s instead of a c used at least once , so correct any typos , there is no S in practice

The code of practice being referred to is the 2020 version , this is not the correct version of the BPA CoP at the time of the incident so I cannot understand why it's been included or mentioned

Check the CoP in force at the time , because the claimant is relying on that previous version , not the 2020 version ! , Version 6 from 2015 is the correct version , not the 2018 V7 nor the 2020 V8 either

So the bottom few lines of paragraph 3 make no sense at all and should not be included for an incident in 2017 , 3 years ago in fact !

To be clear , you cannot say that the claimant failed the January V8 2020 version for the simple reason that at the time they were following the October 2015 version !

Snakes_Belly

"The BPA code of practise 17.4 paragraph B states in this situation where a major keying error occurs ' it is reasonable to seek to recover some of these costs by making a modest charge to the motorist of no more than £20 for a 14-day period from when the keying error was identified' but at no point did the claimant mention or offer this £20 option and therefore failed to comply with the BPA code of practice."

Excel are part of the IPC not the BPA. This is not their Code of Practice. Does the IPC code offer the same discount of £20.00?

Redx

Snakes_Belly said:

"The BPA code of practise 17.4 paragraph B states in this situation where a major keying error occurs ' it is reasonable to seek to recover some of these costs by making a modest charge to the motorist of no more than £20 for a 14-day period from when the keying error was identified' but at no point did the claimant mention or offer this £20 option and therefore failed to comply with the BPA code of practice."

Excel are part of the IPC not the BPA. This is not their Code of Practice. Does the IPC code offer the same discount of £20.00?

Mmm I did not know that this was Excel , so I agree that it's not the BPA CoP that should be mentioned , it should be the relevant IPC CoP in force at the time , if it should be mentioned at all !! Certainly not 2020 versions

On page 1 the OP admits there is no mention of this in the IPC CoP , but we don't know which version the OP checked. I doubt that any IPC CoP mentions such a keying error as this but may mention something regarding them , depending on the version in force in 2017

Snakes_Belly

@Redx
This is the problem when you have to read a long way through a thread until you find the name of the PPC.  I know that some posters worry about giving away too many details but knowing the name of the PPC and the car park at the start of the thread is useful.

There may be potential for using the BPA's CoP in the WS in light of the new CoP as it is likely to go this way with a small admin charge for a minor error.