Claim form - county court business centre

BREAKTHROUGH

I hope this is sufficient and I can send it today.

Thank you all again. You all are doing a great job on this site helping everyone. I have been reading a few other cases on here and you are all doing an amazing job and all out of the kindness of your hearts. Thank you all.

Redx

2 should say keeper and driver , so add and driver , if you are defending as both

BREAKTHROUGH

Thank you, I amended it on my word document I don't know why it did not show up on the copy paste. Changes have now been made. Can this be sent as a word document or does it have to be pdf? 

Redx

Ideally as a Pdf , so in word publish to pdf instead of docx , or use an online website to convert for free from docx to pdf

Libre office can also import as docx and output to pdf in writer , libre office is also free

Le_Kirk

BREAKTHROUGH said:

I have added that I am defending as the driver and keeper and also added that I did make a purchase. 

Would I have to show proof of this? Payment was made by cash and I have no receipt, This was 2/3 years ago.

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

3.  The facts of the matter are that the defendant has not received any photographic evidence of being parked in said location on the time and date stated. The ‘land’ which forms which forms the basis of the current claim consists of a few ‘private land’ parking spaces located near the shops and marked as being for shop users, however there is no evidence that the defendant did not enter into the shops which gives right to park. The claimant is put to strict proof that the defendant did not enter any of the shops.  [The defendant did in fact visit the shop in question and made purchases.] Given the lack of clarity regarding how or where anyone is, or is not allowed to park, no contract can be construed from the claimant’s signage under the contra proferentem principle.   

If you are defending as driver, adjust your para #2 as above.  I would also add the part in #3 to make the claimant work for their money.  I might leave out the part in [ ] and leave it for the witness statement when evidence is submitted, which is when you would normally submit receipts BUT it is not your cased to disprove, rather it is the claimant's case to prove.  However, you might be able to get help from the shops if you know what you bought, they could search their register for your purchase - bit of a long shot.

BREAKTHROUGH

Le_Kirk said:

BREAKTHROUGH said:

I have added that I am defending as the driver and keeper and also added that I did make a purchase. 

Would I have to show proof of this? Payment was made by cash and I have no receipt, This was 2/3 years ago.

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

3.  The facts of the matter are that the defendant has not received any photographic evidence of being parked in said location on the time and date stated. The ‘land’ which forms which forms the basis of the current claim consists of a few ‘private land’ parking spaces located near the shops and marked as being for shop users, however there is no evidence that the defendant did not enter into the shops which gives right to park. The claimant is put to strict proof that the defendant did not enter any of the shops.  [The defendant did in fact visit the shop in question and made purchases.] Given the lack of clarity regarding how or where anyone is, or is not allowed to park, no contract can be construed from the claimant’s signage under the contra proferentem principle.   

If you are defending as driver, adjust your para #2 as above.  I would also add the part in #3 to make the claimant work for their money.  I might leave out the part in [ ] and leave it for the witness statement when evidence is submitted, which is when you would normally submit receipts BUT it is not your cased to disprove, rather it is the claimant's case to prove.  However, you might be able to get help from the shops if you know what you bought, they could search their register for your purchase - bit of a long shot.

Hello @L@Le_Kirk

I have already sent the defence as it was shown previously with the added bit about being the driver also. Can I amend and resend? I am really worried now that I did not see this before sending. Will it go against me?

Le_Kirk

You cannot change your defence once you have submitted it to MCOL - at least not without paying £100 or more.  Provided you have the main legal/technical arguments in there, you can "support and back it up" in your witness statement later in the process.  You did send ALL of the defence didn't you and not just the paragraphs 2 & 3?

BREAKTHROUGH

@Le_Kirk yes I did send ALL of the defence as advised. Thank you so much for all your help and advice. Just reading to see what the next step is and from what I can see I think I just have wait for the questionnaire now?

Le_Kirk

If you refer back to the NEWBIE sticky you will find  section marked 

IMPORTANT - KNOW WHAT YOU MUST DO AND BY WHEN!

 and it is all in there.

BREAKTHROUGH

Hi All,

Just to keep you informed, I have received an acknowledgement of my defence from the CCBC. I am just waiting on the directions questionnaire now. Thank you all again for the help so far.

A quick question, my friend received a judgement for claimant (in default) letter. They said they never received the claim form. They moved and this could have been lost in the redirected mail?? They wanted to know if there is anyway to appeal this? or would they have to pay? They are not good with computers so have asked me so thought I'd ask here for advice.