parked on white line, bought ticket correctly, left within time. court letter issued.

KeithP

I would suggest that the three unnumbered paragraphs (by the way, every paragraph in a Defence needs a number) be removed. The information therein would be better placed in your Witness Statement.

Have you changed anything in your paragraphs 4 to 18?
If so, please point out the changes as it is pointless asking us to check stuff you haven't altered.

babbal_samrat

hello KeithP, thanks for replying.

i have removed three unnumbered paragraphs, but just kept last two lines from it. is that ok, or do i need to remove those too.

in answer to your question that if i have changed anything in my paragraphs 4 to 18?

NO, i hvnt changed anything. just copied and pasted from the template.

please read following and advice....

IN THE COUNTY COURT

Claim No.: xxxxxx,

Between

Walton Wilkins T.A. Premier Parking Logistics 

(Claimant) 

- and -  

xxxxxxxxxx

 (Defendant)

____________________

DEFENCE

____________________

1.       The Defendant denies that the Claimant is entitled to relief in the sum claimed, or at all.  It is denied that a contract was entered into - by conduct or otherwise - whereby it was ‘agreed’ to pay a ‘parking charge’ and it is denied that this Claimant (understood to have a bare licence as managers) has standing to sue, nor to form contracts in their own name at the location.

 

The facts as known to the Defendant:

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

3. The defendant parked his car on date at timeIBat a car park on car park location street managed by the claimant. The Defendant paid for the parking charge for 2 hours, by entering the correct registration no. and paid the correct fee and displayed the ticket correctly, easily readable and easily visible in the car parked in the question in this claim. Defendant’s car’s passenger side tyre was on the white line but not crossing the white line and there was no further parking bay space for any car to be parked after defendant’s car so there was no loss of business/service to the car parking company and the land owner. Defendant paid the right amount and displayed the ticket correctly and left before the ticket was expired.

4.  The Particulars of Claim set out an incoherent statement of case and the quantum has been enhanced in excess of any sum hidden in small print........................

Coupon-mad

Looks fine!

babbal_samrat

when should i submit this?
i did the AOS on 28 sept.

Le_Kirk

babbal_samrat said:

when should i submit this?
i did the AOS on 28 sept.

Our regular @KeithP gave you this information here 26 September at 2:48PM <<< LINK

babbal_samrat

thanks KeithP and Le_Kirk,
you guys are more than help. :-)

tuesday 26 oct by 4pm is the deadline for defence.
but is it ok if i do it today?

Le_Kirk

Yep, any time before the deadline is OK BUT recommended to do it before 4.00 p.m. on whichever day you choose, as we have noticed an increase in failures of servers when CCBC office is closed.  It shouldn't happen but it has.

babbal_samrat

hello all,
i am due to submit my defence tomorrow morning. but just wanted to double check with you guys that on my claim / court letter it does not say anywhere that i can submit it via email (there is no email address mentioned anywhere either). so is it ok by following the below steps as adviced in defence template.....

1. CCBCAQ@Justice.gov.uk 
2. Just put the claim number (check it very carefully) and the word Defence in the email title, and in the body of the email something like 'URGENT RE CLAIM XXXXXXXX - Please find my Defence attached.

i meant to send it to northapmton court County court business centre, is the above mentioned email address is lika a master / central email for all of them, 

sorry just making sure so i dont send it somewhere it's not meant to and miss the deadline.

Coupon-mad

Yes that is how to send it to the CCBC.

KeithP

Please read again the guidance in the first post on that Template Defence thread.

Items 1 to 6 on the list found there seem quite clear to me.

You are of course free to do something else if you wish, but please be aware that, like the NEWBIES thread warns you, you would be unwise to file your Defence via the MCOL website.