Civil Enforcement - "On Claim for Debt"

Justme2020

KeithP said:

Justme2020 said:

nosferatu1001 said:

Justme2020 said:

nosferatu1001 said:

i am assuming small claims court, but OP - please dont make up terms, if you have a Claim Form N1, then call it exactly trhat

Small Claims Court.

Not making up terms, just abrieviating 

Ah! So a court was delivered to you?
interesting
so, you have a claim fiom? Yes or no. 

If yes, issue date?

oh and it's small claims track.  No such thing as small claims court. 

Yes, Claim Form

Issued Date: 15th Feb

With a Claim Issue Date of 15th February, you have until Monday 8th March to file an Acknowledgment of Service, but there is nothing to be gained by delaying it. 

To file an AoS, follow the guidance in the Dropbox file linked from the second post in the NEWBIES thread.

Having filed an AoS, you have until 4pm on Monday 22nd March 2021 to file your Defence.

That's over four 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 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.

Evening Keith, would you suggest that the 'standard' defence used is sufficient (with adjustments to my situation) or does it need fully tailoring? Thanks!

nosferatu1001

What makes you think the template defence doesn't suit?

Justme2020

nosferatu1001 said:

What makes you think the template defence doesn't suit?

Just checking it's still relevant (it says 2020) but also wanted to check what, if any, revisions or additions were required. Thanks.

Redx

We have not seen your POC , but over 90% of these threads use the Oct 2020 template , which is over 90% complete and is fully up to date !

Your task , should you choose to accept it , is to adapt paragraphs 2 and 3 to suit your claim !! So it is your task to give us those revisions and additions , not the other way round

Only after you post your proposed changes will it be reviewed and critique applied !

So do them and post them and them alone below

This is unless you have a glaring reason to go off piste , in which case give us good reasons for you winging it

nosferatu1001

This is your defence, so you are the one who needs to know what needs changing and why. 
For 99% of people this means altering exactly what you are directed to alter - para 2 and 3. 

nosferatu1001

Do not use I or me in a defence, and do not write war and peace. This is a concise summary of the facts, to allow ajudge some idea as the background
You must read other defences. Not an optional part. 

Justme2020

nosferatu1001 said:

Do not use I or me in a defence, and do not write war and peace. This is a concise summary of the facts, to allow ajudge some idea as the background
You must read other defences. Not an optional part. 

Thank you.

I'll submit here once I've taken some time with it.

Justme2020

A quick update on my Defence.

I previously went through th POPLA 'appeal' and in doing so admitted to being the driver (at this point I was unaware of MSE). As the Lessee of said vehicle (whose details must have been shared by the DVLA and then the lease company), am I still able to use the second part of (3) regarding the harrassment and 'keeper liability' please? Thanks.

Justme2020

Justme2020 said:

A quick update on my Defence.

I previously went through th POPLA 'appeal' and in doing so admitted to being the driver (at this point I was unaware of MSE). As the Lessee of said vehicle (whose details must have been shared by the DVLA and then the lease company), am I still able to use the second part of (3) regarding the harrassment and 'keeper liability' please? Thanks.

Actually, I've just found a copy of my POPLA and I haven't actually admitted to being the driver, just the purchaser of the ticket. The signs on the parking meter appear to show that fees are due up to 19:00, so upon entering at 17:55, I paid for 1hr. The PPC claim that fees are due 24hrs and I should actually have paid ~£5.50. Still nothing close to the £270 they believe they're due

Justme2020

AND...I requested as part of the SAR that they send me all letters from "affiliated and associated companies". I have a ZZPS, but they've conveniently missed the other ones threatening Bailiffs and CCJs. Is it worth challenging this (either with the PPC or via my Defence)? Thanks.