Help with defence

Ktm1050

I have received a court claim form from VCS and would like some help with drafting the defence, which is that the part of the carpark where i was parked had no signage visible.  The carpark is split into two and there is no signage in the part i parked in.
Also can i quote abuse of process for the £60 added amongst other charges? Thanks

KeithP

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

D_P_Dance

Have you complained to your MP?

Le_Kirk

Ktm1050 said:

I have received a court claim form from VCS and would like some help with drafting the defence, which is that the part of the carpark where i was parked had no signage visible.  The carpark is split into two and there is no signage in the part i parked in.
Also can i quote abuse of process for the £60 added amongst other charges? Thanks

There is a template available for your defence and all you have to do is edit two paragraphs to put in your own rebuttal of the particulars of claim.  This is on the first page of the forum in the same place as the NEWBIE sticky that would have given you loads of info and advice.

Ktm1050

KeithP said:

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

16th August

KeithP

Ktm1050 said:

KeithP said:

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

16th August

With a Claim Issue Date of 16th August, you have until Monday 6th September to file an Acknowledgment of Service but there is nothing to be gained by delaying it. 

To file an AoS, follow the guidance in the Dropbox file linked from the second post in the NEWBIES thread.

Having filed an AoS in a timely manner, you have until 4pm on Monday 20th September 2021 to file your Defence.

That's over four weeks away. Plenty of time to produce a Defence, but please don't leave it to the last minute.

To create a Defence, and then file a Defence by email, look again at the second post on the NEWBIES thread - immediately following where you found the Acknowledgment of Service instructions.

Don't miss the deadline for filing an Acknowledgment of Service, nor that for filing a Defence.

Ktm1050

Can anyone tell me if all of the caselaw quoted in the example defence is relevant to quote in all parking claim defences?  My defence is that there was NO signage in the area where I parked  - the car park being in several sections.  I just want to be sure i don't quote anything irrelevant. Thanks

Coupon-mad

All the case law is relevant and none of it is about signage so it doesn’t affect what you will be saying in para 2 and 3, about being the driver and that there were no signs in that area whatsoever.

Hope you have evidence of that, ready for witness statement stage.

KeithP

Ktm1050 said:

Can anyone tell me if all of the caselaw quoted in the example defence is relevant to quote in all parking claim defences?  My defence is that there was NO signage in the area where I parked  - the car park being in several sections.  I just want to be sure i don't quote anything irrelevant. Thanks

It's all relevant.

As @Le_Kirk said over a week ago...

Le_Kirk said:
...all you have to do is edit two paragraphs to put in your own rebuttal of the particulars of claim.

Have you filed an Acknowledgment of Service yet?

Ktm1050

Yes have filed that ..and yes i do have proof of no signs ..there is still no signs in the area i parked  now even tho it was over 5 years ago ..thanks all for the help 

Ktm1050

 I have typed my defence and am trying to file it on line but it is too big to go in the box allowed - i want to attach it as a pdf.  Has anyone else had this problem?  Do i just post it rather than submit it on line?