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Mistake on claim form. Would this work in my favour?

21 Posts

Hey guys,
Currently defending a claim against my brother who has racked up quite a few PCN's, thus they have issued a claim for 4 of the PCN's and added their fake costs on top.
I have followed all the steps. Currently at the stage where I have sent off the DQ to the court and sent a copy to the solicitors (Gladstones).
I received the SAR after all this (should have filed for it way earlier, I know) and have noticed a slight error on their side when looking back at the claim form. On the Particulars of Claim section, they have stated that I incurred 3 PCN's on one day alone!

Currently defending a claim against my brother who has racked up quite a few PCN's, thus they have issued a claim for 4 of the PCN's and added their fake costs on top.
I have followed all the steps. Currently at the stage where I have sent off the DQ to the court and sent a copy to the solicitors (Gladstones).
I received the SAR after all this (should have filed for it way earlier, I know) and have noticed a slight error on their side when looking back at the claim form. On the Particulars of Claim section, they have stated that I incurred 3 PCN's on one day alone!

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IMO, (IANAL), the error would be fatal.
I haven't complained to my MP. What would this achieve in relation to my specific case?
I provide only my personal opinion, it is not a legal opinion, it is simply a personal one. I am not a lawyer.
Give a man a fish, and you feed him for a day; show him how to catch fish, and you feed him for a lifetime.
Did you mean to write...
Would this error be something my brother can include in his witness statement?
There are a number of points to address, no doubt.
Based on what you say, the correct elements of the defence *in relation to this point only* would presumably be to DENY that:
* the driver parked at that location on 3x occasions
* that 3x tickets were incurred
* that the sums claimed are owing at all
And to AVER that:
If, which is denied, a debt is due on that date, the parking charge is applicable to a 24 hour period, such that 3 such charges cannot be incurred, much less any interest.
If they didn't plead it, that is not part of their case.
They would need to apply for an amendment or to issue fresh claims.