Ccj and defence

shortysky

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

As I said I didn’t write this. No when I appealed it was because I couldn’t see any signs going in. Alit of people on other groups have been caught out in the same place. As cars parked can block the signs when going into the car park. 

shortysky

Fruitcake 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

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.

It occurred on a street outside pizza express, I pulled in to what look like a council street from the main road. It was dark and busy I didn’t see no signs at the entrance or once I had parked. I don’t realise till I got the notice in post. So I appealed saying in couldn’t see any signs. They said no to my appeal. And I was going to do the next appeal. But I was a new mum in the middle of moving it was a hectic time. I’d forgot about it all. Till I was going through my letters. I asked the company I paid to change my address. Then Civil enforcement sent me a letter to my new address asking me to pay the 170. I asked the company helping me what I should do and he said ignore it so I did. Then I got a court claim. And now I’m here, at the time I was a new driver and have no idea what all this stuffs about. I only just found this site. That’s why I asked the company to help. It was 18 pound and they could only help with the defence. The court letter says they want 185 including damages. So the total is 275. Just wish I paid the 170 and it would be over with but the company told me to ignore them and now I have to pay double that. 

shortysky

Redx said:

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

I don’t know how to change the title, that’s why the last one I asked them to delete but it was to late to ask them not to delete it after the other person removed my name from it. It was 18 pounds for them to do the defence it was a company from ages ago that has now shut down. The other money was a different company as I didn’t know if the first company was still helping as they closed. But when I rang the court they said my defence had been revived. So I got worried and emailed the company I used at the start and asked them to send me a copy of what they wrote. I did ask them to send me the defence first so I could read it through but they didn’t. Just hoping this defence is ok. Guess I just have to hope for the best. Just wanted some advice on if it sounded ok. Sorry I forgot people didn’t have the full information on my situation. 

Redx

So if the CCBC have received that poor defence already , from that other company , you cannot change it , I think that is your current situation , if not , be clear and tell us

That word intelligible is incorrect , it should have been unintelligible

I think you mean received , not revived

That defence is poor

We really need to know what stage this claim is at , because the interference by that new company has muddied the waters

So to be crystal clear , if that company did the AOS and if they also submitted your Defence , it's too late to change it

When you say you rang the Court , you didn't ring the court at all because at the moment there is no court involved !!

I think you rang the CCBC in Northampton , a government office , not a court , please confirm

Lastly , pm Soolin and ask her to rename your thread to CEL Court claim and defence

shortysky

Redx said:

So if the CCBC have received that poor defence already , from that other company , you cannot change it , I think that is your current situation , if not , be clear and tell us

That word intelligible is incorrect , it should have been unintelligible

I think you mean received , not revived

That defence is poor

We really need to know what stage this claim is at , because the interference by that new company has muddied the waters

So to be crystal clear , if that company did the AOS and if they also submitted your Defence , it's too late to change it

When you say you rang the Court , you didn't ring the court at all because at the moment there is no court involved !!

I think you rang the CCBC in Northampton , a government office , not a court , please confirm

Lastly , pm Soolin and ask her to rename your thread to CEL Court claim and defence

I have received a letter from the court, saying I acknowledge a receipt of your defence. And that a copy has been served on the claimant. So if the defence doesn’t work can I try and save this with the witness statement? If I pay this before it goes court will the ccj not go on. I just want it all out the way now. People giving me advice to ignore things is just going to affect my credit even more. If I would of paid the 170 and just admitted defeat this would of saved me 100 pound. 

As I have the other parking notice from smart parking as my aunt lent the car and used her disability badge. They have passed it on to debt recovery plus. And I’ve been told to ignore them to. Which I have never got round to appealing that one. So I might pay that one as I don’t want another company taking me court. 

I’ve not been driving long and have learnt the hard way with parking. Will only ever park in council car parks now. 

nosferatu1001

Yes, of course you can. That is your only choice, because you let someone email YOUR defence in as if it were you sending it, and thats a BAD idea. DONT do that in future! Your claim, YOU stay in control. 
Is that the WHOLE of the defence? Yes or No. I am unclear as youve put multiple things up. 

shortysky

Yes that’s all that’s he’s put in the defence, when I was using the template on here I wanted to add more to it, but when I rang the court as I couldn’t log in online. They said it had been filed. All I can do now is hope witness statement and evidence works. If cars are parked in front of this sign and machine you, wouldn’t see the signs. 

So can the court ask the claimant to accept a lower amount? The original amount that they stated. When looking at the photos of the signs they had. I actually can’t see anything that says how much you would have to pay if you don’t get a ticket. 

Yes I know how I shouldn’t of got someone else to do it. You live and learn. I just feel he should of shown me what he wrote before sending it. 

Redx

A typical loss in Court is £200 or so , cel have added charges on that you can object to so it won't be £275 !!

So this needs to be rescued at the witness statement stage , with a good one

As for your Robinson's and smart one at the Airport pub , that place is a sc#m and I would not pay it , but stick to that thread to discuss that topic , not in this thread. Get Robinson's brewery to cancel it !!  Asap

nosferatu1001

Hopw do you know that is all they filed? has the CCBC sent you a copy? 
You of course could try - they were not authorised to email the defence to you, please accept this as my defence - but the CCBC wont accept that so I wouldnt try. 
If you hadnt sent through the claim number, for example, thyere was NO WAY for this to be filed without your knowledge. None. 

shortysky

Redx said:

A typical loss in Court is £200 or so , cel have added charges on that you can object to so it won't be £275 !!

So this needs to be rescued at the witness statement stage , with a good one

As for your Robinson's and smart one at the Airport pub , that place is a sc#m and I would not pay it , but stick to that thread to discuss that topic , not in this thread. Get Robinson's brewery to cancel it !!  Asap

The company does have 5 stars on trust pilot so I’m hoping they know what they’re doing. And have got people off with ccj sun the past. So fingers crossed if not I will put my witness statement and evidence together and can only see how I get on. They have caught out a lot of people on this street. Yes sorry will put it on that post. Did email two addresses but no one has got back to me. Will update that thread in a sec. I just can’t understand part 2 with the registered keeper. Is he stating that I wasn’t the driver. As I have already admired that in a appeal. Wish I found this site last year. Never mind. Can only hope for the best now I guess.