Assistance reviewing my defence to submit next week

zigg123

KeithP said:

What is the Issue Date on your County Court Claim Form?

Upon what date did you file an Acknowledgment of Service?
Your MCOL Claim History will have the definitive answer to that.


Leave out paragraph 7 from your Defence. It does you no favours.

And by the way, there is no letter 's' in the word Defence.

Thanks apologies for the spelling it was underlined when pasting in the forum so right clicked and adjusted. Cheers all the best

Coupon-mad

I'm just editing my reply so look again tomorrow.

Le_Kirk

zigg123 said:

KeithP said:

And by the way, there is no letter 's' in the word Defence.

Thanks apologies for the spelling it was underlined when pasting in the forum so right clicked and adjusted. Cheers all the best

Looks like you may have your device set to another language other than English - UK, maybe you have selected English - US?

zigg123

Coupon-mad said:

I'm just editing my reply so look again tomorrow.

Thanks for the updated post I have submitted today much appreciated. 

Could you explain why it is recommended to submit by email instead of mcol as no reference to email method on mcol and have not seen a email auto response?

KeithP

zigg123 said:

Could you explain why it is recommended to submit by email instead of mcol as no reference to email method on mcol and have not seen a email auto response?

There are a number of good reasons.
Here's two for starters...

1) As explained in Bargepole's 'what happens when' post linked from the NEWBIES thread, the MCOL website will destroy the formatting. You want a nicely presented document to be seen by the Judge.
2) The size of the box on MCOL is far too restrictive - i.e the MCOL website simply isn't big enough. 

You don't want to place a poorly formatted, truncated statement in front of a Judge.


As you haven't seen an email auto response, it is most important that you check your MCOL Claim History to ensure you see a message something like - Your defence was received on dd/mm/yyyy.

If you don't see this message within a few days, complain to the CCBC - phone number on your Claim Form.

Coupon-mad

This is already in the NEWBIES thread.

Please comment on the government consultation concerning parking charges and complain to your MP about the proposal to allow fake add on debt recovery costs.

Government Consultation re private parking charge levels, August 2021: PLEASE BOOKMARK THIS THREAD — MoneySavingExpert Forum

We are calling for everyone to do a full and robust response by email to the MHCLG, attaching evidence of what happened to you and what you think is wrong about £100 charges and fake debt recovery ‘fees’ that no PPC actually incurs or pays. 

We also need people to contact their MP to ask questions about why the MHCLG appear to have performed a U-turn on their March promise to cap parking charges, and why instead they propose to fund the race to court at £70 a time from victims

https://forums.moneysavingexpert.com/discussion/comment/78517562/#Comment_78517562

To anyone reading this: PLEASE DO THIS IF YOU WANT CONSUMER VOICES TO OUTWEIGH THE PARKING INDUSTRY’S GREED. WHICH SEES THEM TRY TO CLAIM MORE THAN THE LAW ALLOWS, FROM A REGISTERED KEEPER,

I just looked at the POFA Explanatory Notes (part of the legislation):

https://www.legislation.gov.uk/ukpga/2012/9/notes/division/5/1/3/3

221.Paragraph 4 provides that the creditor has a right to recover unpaid parking charges from the keeper of the relevant vehicle if the conditions set out in paragraphs 5, 6, 11 and 12 are satisfied. The creditor is not obliged to pursue unpaid parking charges through this scheme and may seek to do so through other means but they may not use the scheme provided for here to secure double recovery of unpaid parking charges (paragraph 4(6)), nor will they have the right to pursue the keeper, as opposed to the driver, of the vehicle where they have sufficient details of the driver’s identity. The right to reclaim unpaid parking charges from the vehicle keeper does not apply in cases where the vehicle has been stolen before it was parked, (paragraphs 4(2) to (3)), or in certain circumstances where the vehicle in question was a hire vehicle (paragraph 4(7)). The creditor may not make a claim against the keeper of a vehicle for more than the amount of the unpaid parking related charges as they stood when the notice to the driver was issued (paragraph 4(5)).

zigg123

Hi if my hearing is on 11th January and I have  to submit my witness statement 14 days are those calendar days? If they are I think I have missed it oops?

Redx

11 + 11 = 22 , so currently 22 days away , so middle of next week , or Friday of this week due to holidays etc

KeithP

Yes, as @Redx says, Friday this week - after the Bank Holidays is too late.

Edited...
corrected in next post.

KeithP

KeithP said:

Yes, as @Redx says, Friday this week - after the Bank Holidays is too late.

@zigg123, sorry, I made a mistake there.

By Thursday this week. The County Courts are closed this Friday 24th December.