Claim Form (county court business centre) received - 2016 PCNs x 2 + a legal letter for 3rd PCN!

RS789

Coupon-mad said:

Use the words I suggested then.  They are hoist by their own petard!

Yes I will, thank you! 

Also, I had to google "hoist by their own petard" - love that! 

RS789

Amended Para's 2 and 3 now read as, with remainder the same as posted above (lifted from the defence template post/thread)

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

3.  The Defendant has no recollection of receiving the two PCN claims in question.  Given the claim is for two PCNs from over five years ago, the defendant cannot recall the specific details of those two dates.  The defendant asserts that the signage in the carpark is not clear.  The Claimant's own photo evidence provided only now, in response to a SAR, shows a hopelessly inadequate sign broken in half.  The Claimants are put to strict proof if the appearance, position and condition of the signs on the material dates.  

Is there value in splitting Para 3 into two?  So that it reads as;

3.  The Defendant has no recollection of receiving the two PCN claims in question.  Given the claim is for two PCNs from over five years ago, the defendant cannot recall the specific details of those two dates.  

4. The defendant asserts that the signage in the carpark is not clear.  The Claimant's own photo evidence provided only now, in response to a SAR, shows a hopelessly inadequate sign broken in half.  The Claimants are put to strict proof if the appearance, position and condition of the signs on the material dates. 

Coupon-mad

Yes it looks better split.

RS789

I shall do that then - thank you @Coupon-mad! 

I'm going to have another scan through it all and then probably get it sent off tomorrow by email.  

RS789

I've filed my defence with the CCBC, and received the auto-reply confirming receipt of my email.  Once again thank you for all the help/support received. 

I'll await the DQ N180 form to arrive from CCBC now, as per the Newbies thread - I assume they'll be sending that pre-Christmas. 

A question - are there any guidelines or the quality of the photo evidence provided to courts?

The images I received from UKPCL (following submission of a SAR) are very small (300x400) and grainy.  I was wanting to read the terms on the signs that were sent to me, but its not possible.  How can one be sure the time/date stamping hasn't been added to photo's after the fact? More out of interest really.

Coupon-mad

There are no guidelines -just make sure your own evidence is clear and dated - and UKPC admitted that dates and times can be (and were) altered:

https://www.google.co.uk/amp/s/www.bbc.co.uk/news/uk-england-lincolnshire-34402322.amp

RS789

I've received a hardcopy letter from HM Courts & Tribunal Service (dated 15 Nov, so took a while to get here), stating acknowledgement of receipt of my defence and that it will be sent to the Claimant, along with an explanation that if the claimant wishes to proceed they have 28 days to respond or it will be stayed. 

I assume the postman will be popping round a directions questionnaire from the claimant (that I will file/ignore) and will await the CCBC directions questionnaire. 
 

MothballsWallet

RS789 said:

I've received a hardcopy letter from HM Courts & Tribunal Service (dated 15 Nov, so took a while to get here), stating acknowledgement of receipt of my defence and that it will be sent to the Claimant, along with an explanation that if the claimant wishes to proceed they have 28 days to respond or it will be stayed. 

I assume the postman will be popping round a directions questionnaire from the claimant (that I will file/ignore) and will await the CCBC directions questionnaire. 
 

The CCBC won't send you a DQ - please download one from the website, fill that in, and send it off as per the NEWBIES.

Yes, you're correct about not using the one that the claimant sends to you.

KeithP

MothballsWallet said:

RS789 said:

I've received a hardcopy letter from HM Courts & Tribunal Service (dated 15 Nov, so took a while to get here), stating acknowledgement of receipt of my defence and that it will be sent to the Claimant, along with an explanation that if the claimant wishes to proceed they have 28 days to respond or it will be stayed. 

I assume the postman will be popping round a directions questionnaire from the claimant (that I will file/ignore) and will await the CCBC directions questionnaire. 
 

The CCBC won't send you a DQ - please download one from the website, fill that in, and send it off as per the NEWBIES.

Why won't the CCBC be sending the Defendant a Directions Questionnaire?
If may well take some time, but eventually the CCBC will send a DQ to the Defendant.

RS789

From my reading of both the Newbies and Defence template threads is that CBBC will send me a DQ (N180), but I can, if I choose, to download one and fill it in, in advance of the CBBC sending one.