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Pre-action stage case ref. request from legals

24

Comments

  • KeithP said:
    What is the Issue Date on your County Court Claim Form?
    26th November
  • KeithP
    KeithP Posts: 41,296 Forumite
    Part of the Furniture 10,000 Posts Name Dropper
    KeithP said:
    What is the Issue Date on your County Court Claim Form?
    26th November

    With a Claim Issue Date of 26th November, and having filed an Acknowledgment of Service in a timely manner, you have until 4pm on Wednesday 29th December 2021 to file your Defence.

    That's over three 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 at the second post in the NEWBIES thread.
    Don't miss the deadline for filing a Defence.

    Do not try and file a Defence via the MoneyClaimOnline website. Once an Acknowledgment of Service has been filed, the MCOL website should be treated as 'read only'.
  • Thanks, that's confirmed what I thought was true. I'll update once the defence has been filed.
  • Jenni_D
    Jenni_D Posts: 5,469 Forumite
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    You might want to post your interpretation of defence points 2 and 3 (from the template defence) for critique, to ensure you make it as robust as possible and don't say something that doesn't help you. :)
    Jenni x
  • Jenni_D said:
    You might want to post your interpretation of defence points 2 and 3 (from the template defence) for critique, to ensure you make it as robust as possible and don't say something that doesn't help you. :)

    My interpretation of defence points 2 & 3:

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

    3. The Defendant entered the car park during the hours of darkness. No signs were presented in a visible manner to the Defendant on entering the car park. The Defendant remained in their vehicle for the duration of the stay. No signs were presented in a visible manner to the Defendant from their parked location.

  • Coupon-mad
    Coupon-mad Posts: 155,731 Forumite
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    edited 14 December 2021 at 2:30AM
    'Keeper and driver' (we say this practically every day).  One sentence not two is all that's needed as para #2, how does this keep happening so often.

    Para 3 needs to explain what sort of car park it was, why the D parked there (what business did they have to go there) and what the allegation was because this tells the Judge nothing: was it 'no permit'? Not paying? Parking outside of a bay? Overstaying?  Explain to the Judge, briefly, why the D was there and why you deny any breach.

    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
  • 'Keeper and driver' (we say this practically every day).  One sentence not two is all that's needed as para #2, how does this keep happening so often.

    Para 3 needs to explain what sort of car park it was, why the D parked there (what business did they have to go there) and what the allegation was because this tells the Judge nothing: was it 'no permit'? Not paying? Parking outside of a bay? Overstaying?  Explain to the Judge, briefly, why the D was there and why you deny any breach.

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

    3. The car park is part of a motorway services complex located near Heathrow Airport. The Defendant entered the car park to rest following a long drive prior to catching an early morning flight. It is alleged that the Defendant’s duration of stay exceeded the free parking period and that payment was not received for parking in excess of the free period. The Defendant entered the car park during the hours of darkness. No signs were presented in a visible manner to the Defendant on entering the car park. The Defendant remained in their vehicle for the duration of the stay. No signs were presented in a visible manner to the Defendant from their parked location. The Defendant denies any breach as they were not made aware of the free parking period or the requirement to pay for an extended stay.

  • Coupon-mad
    Coupon-mad Posts: 155,731 Forumite
    Part of the Furniture 10,000 Posts Name Dropper Photogenic
    Looks much better.
    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
  • Update: Defence submitted via email to CCBCAQ

    Thanks for your help in drafting.
  • Umkomaas
    Umkomaas Posts: 43,782 Forumite
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    Which parking firm is involved here, I don't think you've told us.  
    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
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