PCN Port of Wells Civil Enforcement Ltd

Fruitcake

Have you explained elsewhere what CMA and CRA 2015 mean? 
Always make sure you spell things out completely the first time you use a term before using abbreviations. For example, you have mentioned the Protection of Freedoms Act in para 3 and later refer to it as the PoFA, but you haven't clarified that they are both the same.

You should say, Protection of Freedoms Act 2012 (PoFA 2012) the first time you mention it, then the PoFA or PoFA 2012 thereafter. The same with CMA, and CRA 2015, and BPA etcetera.

Umkomaas

Far too long and much within it would be more relevant to a Witness Statement. But hey, leave it in if you wish, see what CEL make of it. I've yet to see them progress a PoW case to court (or many other sites where a robust Defence/WS is submitted), so my guess it's just a matter of time before they slink away here and seek lower hanging fruit elsewhere. 

BTBATOG

Submitted on the 19th so too late for any amendments now, I agree Umkomaas, but rather too much than too little I say

Also agreed Fruitcake, although I'm guessing if it ever get's to court the opportunity will be given to spell things out completely, that's always of course assuming that the Judge isn't already aware of the terminology

I'm in no doubt that any reasonable Judge will be aware that the majority of defendants won't have ever needed to submit a defence before, and have never been anywhere near a court room so will make allowances.

On the inflated charge front, as if it were needed:

* 03.07 PCN - £100

* 20.08 REMINDER BEFORE LEGAL ACTION - £140

* 18.09 ZZPS DEBT COLLECTION NOTICE - DEBT UNPAID - £170

* 02.10 ZZPS NOTICE OF INTENDED LEGAL COLLECTIONS - £170

22.12 LETTER BEFORE ACTION - £182

* - Previous address

Umkomaas

but rather too much than too little I say

It's not me you have to persuade, rather a Judge, and the received wisdom (from lawyer contributors to the forum) is that less is more when it comes to a Defence. But my hunch is that this will never pass before a Judge's eyes. 

I'm guessing if it ever get's to court the opportunity will be given to spell things out completely

Highly unlikely. You don't get the opportunity to showboat your case. Read the court reports here on the forum, where many defendants are just never given the opportunity to speak, or just asked to confirm this or that, or answer specific questions. Often the Judge does most of the speaking before delivering his decision - in most forum-supported cases, a favourable one. 

Coupon-mad

 the CMA Guidance on CRA 2015 also clarifies on which land POFA 2012 applies.

No it doesn't.  The CMA Guidance on Section 56 (Schedule 4) of the POFA 2012 does.

BTBATOG

Apologies Coupon Mad, that was almost a direct copy of a previous post....

(b) the fact that, for the avoidance of any doubt for the courts, operators and consumers alike, the CMA Guidance on the CRA 2015 clarifies 'on what land does the POFA apply'

It's too late to do anything about it now either way

Coupon-mad

My typo, sorry!  But can be put right at WS and evidence stage.

BTBATOG

Don't be daft, please believe me when I say I am eternally grateful to you & everyone on here

Coupon-mad

What's the latest>  You must be at WS and evidence stage by now?

BTBATOG

Apologies Coupon Mad...assumed nobody would be interested in the standard stage stuff.
Received a court date in November and was busy tweaking the WS in readiness when out of the blue today, received this....redacted of course