Ccj and defence

shortysky

Parts 2 and 3 of defence. Wasn’t done by me. Is it enough. Old thread deleted sorry. 

The facts as known to the Defendant: 

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

1. it is averred that there was no clear signage in order to form a contract between the claimant and the defendant.  The terms and conditions of the parking offer by the claimant were intelligible and were not in bold and clear type. It cannot be said that a clear offer was made by the claimant in this instance.

Redx

The driver status has not been written in 2) , if not the driver , say so , if defending as a driver and not using POFA , then admit it if the defendant was driving , meaning , keeper and driver

3) intelligible ??  Cannot be the correct word

Needs more work but difficult because the old thread was deleted due to certain wordings and your name on show

Your thread title says CCJ , there is no CCJ , just a court claim

Give us some background info to work with , but no personal details

KeithP

Do you have a County Court Judgment? That's what CCJ stands for.

Or do you perhaps have a County Court Claim Form?
If so, please tell us the Issue Date on that form and if you have filed an Acknowledgement of Service, the date that you did that.

But it's not clear... have you perhaps already filed a Defence?

Who is the Claimant? Civil Enforcement or Smart?

shortysky

Redx said:

The driver status has not been written in 2) , if not the driver , say so , if defending as a driver and not using POFA , then admit it if the defendant was driving , meaning , keeper and driver

3) intelligible ??  Cannot be the correct word

Needs more work but difficult because the old thread was deleted due to certain wordings and your name on show

Your thread title says CCJ , there is no CCJ , just a court claim

Give us some background info to work with , but no personal details

Yeah this is what the other person wrote who I paid ages ago. It’s already been sent now he didn’t tell me it was being sent. So not much I can do now. This is what he put at first part. 

1.       The Defendant denies that the Claimant is entitled to relief in the sum claimed, or at all.  It is denied that a contract was entered into - by conduct or otherwise - whereby it was ‘agreed’ to pay a ‘parking charge’ and it is denied that this Claimant (understood to have a bare licence as managers) has standing to sue, nor to form contracts in their own name at the location. 

Last one got deleted as I asked them to delete as people wasn’t getting back am deleting my name but they it was removed but they still deleted thread. 

Yeah not ccj but will be a ccj if I don’t get it sorted. 

shortysky

KeithP said:

Do you have a County Court Judgment? That's what CCJ stands for.

Or do you perhaps have a County Court Claim Form?
If so, please tell us the Issue Date on that form and if you have filed an Acknowledgement of Service, the date that you did that.

But it's not clear... have you perhaps already filed a Defence?

Who is the Claimant? Civil Enforcement or Smart?

Hi yes is claim form and someone I paid a while ago sent a defence yesterday. Yeah just court hearing but will become a ccj if I don’t get it sorted. As don’t really have 275 to pay to them. 

shortysky

Redx said:

The driver status has not been written in 2) , if not the driver , say so , if defending as a driver and not using POFA , then admit it if the defendant was driving , meaning , keeper and driver

3) intelligible ??  Cannot be the correct word

Needs more work but difficult because the old thread was deleted due to certain wordings and your name on show

Your thread title says CCJ , there is no CCJ , just a court claim

Give us some background info to work with , but no personal details

intelligible Is a real word and means- able to be understood; comprehensible. I’m just worried in part to he has stated I’m not the driver don’t understand fully. But I already appeal and admired I was the driver last year. As new to all this stuff and didn’t know about this site. 

shortysky

Redx said:

The driver status has not been written in 2) , if not the driver , say so , if defending as a driver and not using POFA , then admit it if the defendant was driving , meaning , keeper and driver

3) intelligible ??  Cannot be the correct word

Needs more work but difficult because the old thread was deleted due to certain wordings and your name on show

Your thread title says CCJ , there is no CCJ , just a court claim

Give us some background info to work with , but no personal details

also what do you mean by back ground what happened that day? 

Umkomaas

shortysky said:

Redx said:

The driver status has not been written in 2) , if not the driver , say so , if defending as a driver and not using POFA , then admit it if the defendant was driving , meaning , keeper and driver

3) intelligible ??  Cannot be the correct word

Needs more work but difficult because the old thread was deleted due to certain wordings and your name on show

Your thread title says CCJ , there is no CCJ , just a court claim

Give us some background info to work with , but no personal details

intelligible Is a real word and means- able to be understood; comprehensible. 

So are you saying that the signage was understandable and comprehensible?  If so, your defence point fails. 

Don't you mean unintelligible?

The terms and conditions of the parking offer by the claimant were intelligible

Fruitcake

shortysky said:

Redx said:

The driver status has not been written in 2) , if not the driver , say so , if defending as a driver and not using POFA , then admit it if the defendant was driving , meaning , keeper and driver

3) intelligible ??  Cannot be the correct word

Needs more work but difficult because the old thread was deleted due to certain wordings and your name on show

Your thread title says CCJ , there is no CCJ , just a court claim

Give us some background info to work with , but no personal details

also what do you mean by back ground what happened that day? 

This is a new thread about a court claim, with a defence already submitted. We have no idea about the background that led up to the claim. The original thread was deleted so we cannot go and look at it to find the background. 

We do not know when or where the alleged parking event occurred. We do not know what type of car park it was, (residential, hospital, retail park etcetera). We do not know what happened when you complained to the landowner or your MP. We do not know what you put in your appeal or in your defence. We don't know if you challenged the fake add-ons to the charge that have been added to get it above the original amount plus court permitted fees. (The total for the claim plus court fees should not be above £200). We do not know why the PCN was originally issued. We do not know what the signage looked like or what it said.

Please give us a brief outline of all of the above so we can better understand what is happening.

Redx

Umkomaas said:

shortysky said:

Redx said:

The driver status has not been written in 2) , if not the driver , say so , if defending as a driver and not using POFA , then admit it if the defendant was driving , meaning , keeper and driver

3) intelligible ??  Cannot be the correct word

Needs more work but difficult because the old thread was deleted due to certain wordings and your name on show

Your thread title says CCJ , there is no CCJ , just a court claim

Give us some background info to work with , but no personal details

intelligible Is a real word and means- able to be understood; comprehensible. 

So are you saying that the signage was understandable and comprehensible?  If so, your defence point fails. 

Don't you mean unintelligible?

The terms and conditions of the parking offer by the claimant were intelligible

To shortysky

II thought unintelligible would have been better , I already knew what intelligible meant

By background , I meant we have no context or information to work with , it was all lost in the previous thread , so we have no information to assist you as fruitcake pointed out above

If that other person did the defence online , you cannot change it , you get one shot at a defence , so if they did it , you cannot , so having that other person doing it for £60 has muddied the waters , we don't even know if the AOS was done successfully

Change your thread title to court claim , not CCJ , CCJ is a misleading title

Umkomaas

By background , I meant we have no context or information to work with , it was all lost in the previous thread

I honestly think that posters believe we are up to speed with every detail of their personal cases at all times, when, of course, the reality is that we are dealing with up to 100 different cases every day, all at various stages, many now drifting into legal areas, most quite complex.

@shortysky - assuming we know the background is potentially dangerous for you in so far as you either getting no responses, few specific responses or getting incorrect responses.  We can't be expected to guess the detail. Only you know that.