Court defence

kfrs9960

Hi, I  am new to the forum and not very computer literate and i am having difficulty finding the keeper (Not driver) defense templates, having looked at the newbie threads, any help pointing me in the right direction would be great

Redx

its the coupon mad oct 2020 defence template you want, linked in the newbies thread, third thread down from the top of this forum

knightstyle

Hi first of all there is no template of a defence for you to use, each one is different and you need to do your own, perhaps with help from a friend or relative using other successful ones from this forum as a guide.
Remember the rules, do not state who was driving ignore debt collectors and get things done well on time.
So what position are you in?  have you had a 'letter before action'  have you had correspondence from Northampton?  If so when and what is the offence they claim you did?
Name the parking company and their agent on here and someone more knowledgeable will be along to guide you.

kfrs9960

I'm not sure, I have received numerous correspondence from CEL and have now received a claim form from county court business Centre. I have followed the instructions on the forum I could find, so have filed the acknowledgement of service on the 16/2/21, so need to submit my defense soon. The only defense I had was that I was not the driver

KeithP

kfrs9960 said:

I'm not sure, I have received numerous correspondence from CEL and have now received a claim form from county court business Centre. I have followed the instructions on the forum I could find, so have filed the acknowledgement of service on the 16/2/21, so need to submit my defense soon. The only defense I had was that I was not the driver

What is the Issue Date on your County Court Claim Form?

With any luck, you may still be just in time to file a Defence, but time is running out quickly.

nosferatu1001

There is a template defence, it is in the newbies thread
Takes 30 minutes to sort

kfrs9960

Hi, thanks for your response.
Would this be a suitable defence to place in section of the template ?

(a) The claimant states “The Defendant is indebted to the claimant for a Parking Charge issued 24/03/2020, for parking on private land in breach of the T+C's (the contract).”  The Defendant denies being the driver of the vehicle in question at the time of the alleged offence, and therefore puts the claimant to strict proof.

(b) The Claimant has provided no evidence that the Defendant was the driver and has not complied with the ‘keeper liability’ requirements set out in the in the Protection of Freedoms Act 2012, Schedule 4 (“POFA”).

(c) The Defendant denies that the vehicle keeper is obliged to name the driver to a private parking firm. Had this been the intention of parliament, they would have made such requirement part of POFA.

KeithP

Any answer to my earlier question?

kfrs9960

Issue Date 16/02/2021

kfrs9960

Sorry for delays in responding but I forgot to refresh the page

KeithP

kfrs9960 said:

Issue Date 16/02/2021

but you said earlier...

kfrs9960 said:

I have followed the instructions on the forum I could find, so have filed the acknowledgement of service on the 16/2/21...

How did you manage to file an Acknowledgment of Service on the same day that the Claim was issued?
The Claim Form would have been posted to you, so the earliest you could have known about it was 17th February. You could not have filed an AoS before 17th February. 

Believe me, I am not trying to trip you up, just trying to get info so that I can give you an exact deadline for filing your Defence.

Accuracy in these matters is extremely important.

Perhaps you can log in to your MCOL account and copy and paste your Claim History here. It's only a few lines.