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Defence letter

123457

Comments

  • Coupon-mad
    Coupon-mad Posts: 155,731 Forumite
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    That’s what was printed.
    OK, why does the defence say that's when you received it?  You'd have got it the following week.

    In #17 don't say 'I believe' I am not liable.  Much more robust - you are not legally liable under any applicable rule of law.
    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
  • Jafface
    Jafface Posts: 52 Forumite
    Fourth Anniversary 10 Posts Name Dropper
    Thank you @Coupon-mad, Yes my mistake, I went back to the site and took a photo of the sign on 27 th February 2017 which will have been a couple of days after receiving the pcn. Do I need to add more at the beginning the fact they have the date wrong and also not sent in the right time  scale ? 
  • Coupon-mad
    Coupon-mad Posts: 155,731 Forumite
    Part of the Furniture 10,000 Posts Name Dropper Photogenic
    Have the date wrong? Sorry, remind us what you mean please (we deal with around 100 new posts every day, hop from case to case and rarely have time to look back on a thread).
    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
  • Jafface
    Jafface Posts: 52 Forumite
    Fourth Anniversary 10 Posts Name Dropper
    @Coupon-mad   The claim form says the incident took place on 02/04/2017, yet the PCN states 04/02/2017. It was 2nd February 2017. So should I add into that paragraph below  that the pcn received was outside the 14 day statutory period for keeper liability? 
    Thank you for your time.

    2.     I have reviewed the Particulars of Claim and can categorically deny that I or the vehicle were at the location stated in the POC, 2nd April 2017. The Claimant has not made an application to amend their particulars so it is extremely difficult to address the POC accusation, when no such event took place on 2nd April 2017. The only parking charge that I know about is one from February 2017, two months earlier than the POC suggest the car parked. The original charge was for stopping on a roadway where stopping is prohibited , the latest letter states the  charge is for parking on private land. 
  • Coupon-mad
    Coupon-mad Posts: 155,731 Forumite
    Part of the Furniture 10,000 Posts Name Dropper Photogenic
    OK, that part reads fine to me.
    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
  • Jafface
    Jafface Posts: 52 Forumite
    Fourth Anniversary 10 Posts Name Dropper
    When filing the witness statement do I send the claimant all the  documents that I send to the court ( all exhibits and proof to back my witness statement) also do I send by post or email or both? I don’t seem to have an email for the court. 
  • Le_Kirk
    Le_Kirk Posts: 25,175 Forumite
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    Everything you file with the court you must serve on the claimant.  E-mail addresses for the court are surely on the notice of allocation?  If not, I think you can use the court finder: -
    https://www.find-court-tribunal.service.gov.uk/search-by-name

  • Jafface
    Jafface Posts: 52 Forumite
    Fourth Anniversary 10 Posts Name Dropper
    Thank you the only email I have for the court is one to send the phone number to so I presume it must be that one it just threw me because it starts with: enquiries.doncaster
  • Umkomaas
    Umkomaas Posts: 43,830 Forumite
    Part of the Furniture 10,000 Posts Name Dropper Photogenic
    Jafface said:
    Thank you the only email I have for the court is one to send the phone number to so I presume it must be that one it just threw me because it starts with: enquiries.doncaster
    Add a line to your email asking the court, that should you have used an inappropriate email address, they kindly redirect to the correct one. 
    Please note, we are not a legal advice forum. I personally don't get involved in critiquing court case Defences/Witness Statements, so unable to help on that front. Please don't ask. .

    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.

    Private Parking Firms - Killing the High Street
  • Jafface
    Jafface Posts: 52 Forumite
    Fourth Anniversary 10 Posts Name Dropper
    thank you ill do that 
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