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Claim received - Acknowledgment sent - Help / Advice with Defense needed.

245

Comments

  • Coupon-mad
    Coupon-mad Posts: 161,471 Forumite
    Part of the Furniture 10,000 Posts Name Dropper Photogenic
    edited 19 June 2021 at 7:34PM
    SIP don't own the car park/area.

    Just put your own facts in as points 2 and 3 including if you were the driver, of course, and what happened.  It really isn't difficult.  The template is easy for you to add your facts to.
    PRIVATE 'PCN'? DON'T PAY BUT DON'T IGNORE IT (except N.Ireland).
    CLICK at the top or bottom of any page where it says:
    Home»Motoring»Parking Tickets Fines & Parking - read the NEWBIES THREAD
  • AlilHelp
    AlilHelp Posts: 21 Forumite
    10 Posts First Anniversary Name Dropper
    edited 19 June 2021 at 9:07PM
    Thank you @Redx

    I am glad I do not have to think up and right out the full thing on my own.


    here is what I have so far. thank you for any feedback.

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


    [The defendant dose not remember the dates in question. I did see in another defence that they put down something along the lines of it being an "unremarkable day X months ago". Is this fine to do, as the defendant has used the car park in the past]


    3.   To enter the XXXX street car park, individuals must drive by 2 Euro car parks parking lots that span the length of the entrance road and to ether side. Each of the Euro car parks lots have their own signs with small unreadable text. At the entrance of XXX street car park there is a large banner(Left side), with company name on it and a smaller sign with small writing with pricing. These signs are placed on the opposite side of the entrance gate to the sign with terms and conditions on. This sign has again small font and is unreadable from a car.

    6. The facts are that the vehicle, registration XXXXXX, of which the Defendant is the registered keeper, was parked in XXXXXX could have been used on the material date by a third party driver (family member or friend allowed to driver this car).


  • Redx
    Redx Posts: 38,084 Forumite
    Eighth Anniversary 10,000 Posts Name Dropper Photogenic
    Make 6 into 3

    Make 3 into 4

    Add that extra driver is unknown on an unremarkable day blah blah into 2 as an extra sentence ( not paragraph )
  • AlilHelp
    AlilHelp Posts: 21 Forumite
    10 Posts First Anniversary Name Dropper
    Redx said:
    Make 6 into 3

    Make 3 into 4

    Add that extra driver is unknown on an unremarkable day blah blah into 2 as an extra sentence ( not paragraph )




    2.    It is admitted that the Defendant was the registered keeper of the vehicle in question but liability is denied. Driver is Unknown on an unremarkable day(s) more than 23 months ago.


    3. The facts are that the vehicle, registration XXXXXX, of which the Defendant is the registered keeper, was parked in XXXXXX could have been used on the material date by a third party driver (family member or friend allowed to driver this car).

    4.   To enter the XXXX street car park, individuals must drive by 2 Euro car parks parking lots that span the length of the entrance road and to ether side. Each of the Euro car parks lots have their own signs with small unreadable text. At the entrance of XXX street car park there is a large banner(Left side), with company name on it and a smaller sign with small writing with pricing. These signs are placed on the opposite side of the entrance gate to the sign with terms and conditions on. This sign again has small font and is unreadable from a car.


    is this fine? last edits suggested before I follow this process:


    When you are happy with the content, your Defence could be filed via email as suggested here:

      Print your Defence.
    1. Sign it and date it.
    2. Scan the signed document back in and save it as a pdf.
    3. Send that pdf as an email attachment to CCBCAQ@Justice.gov.uk
    4. Just put the claim number and the word Defence in the email title, and in the body of the email something like 'Please find my Defence attached'.
    5. Log into MCOL after a few days to see if the Claim is marked "defence received". If not chase the CCBC until it is.
    6. Do not be surprised to receive an early copy of the Claimant's Directions Questionnaire, they are just trying to keep you under pressure.
    7. Wait for your DQ from the CCBC, or download one from the internet, and then re-read post #2 of the NEWBIES FAQ sticky thread to find out exactly what to do with it.
  • Redx
    Redx Posts: 38,084 Forumite
    Eighth Anniversary 10,000 Posts Name Dropper Photogenic
    edited 26 June 2021 at 3:53PM
    3 , spelling mistake for drive

    4 , car parks , not parking lots
  • AlilHelp
    AlilHelp Posts: 21 Forumite
    10 Posts First Anniversary Name Dropper
    Changes have being made and email sent.

    I'll be back for the next part. 

    Thank you all for the help. 

  • AlilHelp
    AlilHelp Posts: 21 Forumite
    10 Posts First Anniversary Name Dropper
    Update 

    A letter was received from the Claimant and copy of their directions questionnaire - Let me know if you want more info or what I should keep an eye one.  

    Will be filling in the DQ and sending by email to both Claimant and CCBCAQ. 
  • Redx
    Redx Posts: 38,084 Forumite
    Eighth Anniversary 10,000 Posts Name Dropper Photogenic
    My advice , file the DQ by the claimant , untouched , do not fill it in or email it

    Download the n180 from MCOL and fill it in and email it to the claimant and to the ccbcaq email address , using cc for the second address
  • AlilHelp
    AlilHelp Posts: 21 Forumite
    10 Posts First Anniversary Name Dropper
    Defendant received a 2nd letter with a DQ / n180 and a E730 (mediation info). Was that not from the court?

    Redx said:
    My advice , file the DQ by the claimant , untouched , do not fill it in or email it

  • KeithP
    KeithP Posts: 41,296 Forumite
    Part of the Furniture 10,000 Posts Name Dropper
    edited 3 July 2021 at 6:01PM
    That second letter clearly was from the Court. Didn't the letter say so?
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