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I missed a detail through the Newbie thread to do list what impact will its have?

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Comments

  • Daveh87
    Daveh87 Posts: 60 Forumite
    10 Posts First Anniversary Name Dropper
    Good afternoon, I'm just about to start my drafts for my defence after writing notes and collecting the photos and specifics,

    just a quick question on referring to the old cases and how to write them in my defence.

    I assume I can refer to them? and then link the similarities with mine?

  • Le_Kirk
    Le_Kirk Posts: 25,027 Forumite
    Part of the Furniture 10,000 Posts Photogenic Name Dropper
    Evidence doesn't go with the defence but with the witness statement.  Just put short, punchy, legal/technical arguments in your defence that point the way to the cases you want to use.
  • Daveh87
    Daveh87 Posts: 60 Forumite
    10 Posts First Anniversary Name Dropper
    got ya thanks
  • Daveh87
    Daveh87 Posts: 60 Forumite
    10 Posts First Anniversary Name Dropper
    Can someone be kind enough to clarify whether I am;

    1) It is admitted that the Defendant was the registered keeper and driver of the vehicle in question but liability is denied.
    My thought process is that liability is for the full PcN (£160 excluding the court fee)

    or

    It is admitted that the Defendant was the registered keeper of the vehicle in question but liability is denied. The defendant however is admitting to also being the driver on the date of the claim.

    or

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


    Cheers
  • KeithP
    KeithP Posts: 41,296 Forumite
    Part of the Furniture 10,000 Posts Name Dropper
    edited 14 December 2021 at 5:31PM
    Of those three, I believe the best one is...
    It is admitted that the Defendant was the registered keeper and driver of the vehicle in question but liability is denied.
  • Daveh87
    Daveh87 Posts: 60 Forumite
    10 Posts First Anniversary Name Dropper
    also am I correct to always refer to me, I, etc as the 'Defendent'?
  • KeithP
    KeithP Posts: 41,296 Forumite
    Part of the Furniture 10,000 Posts Name Dropper
    Daveh87 said:
    also am I correct to always refer to me, I, etc as the 'Defendent'?
    Yes, a Defence is always written in the third person.
  • Coupon-mad
    Coupon-mad Posts: 155,452 Forumite
    Part of the Furniture 10,000 Posts Name Dropper Photogenic
    You just need to adapt the template and follow the 12 steps explained there.  Show us ONLY the paragraphs 2 and 3 onwards that you are writing yourself.
    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
  •  can I just confirm that In paragraph 3 I'm writing my statement of the time of claim only and that I'm not adding in the references to photos and details that I have obtained post the time of the claim?

    i.e. there is clearly a distinct lack of signs in the photos even in daylight?, That the size of the font isn't easily visible for the T's & C's and that it varies in size, etc. etc
  • Redx
    Redx Posts: 38,084 Forumite
    Eighth Anniversary 10,000 Posts Name Dropper Photogenic
    It's defendant , no 3rd e

    The WS in several months time references pictures , transcripts , laws etc , no evidence is submitted with the defence

    Keep your paragraphs short and concise , opening the door to the points that you expand on at the WS plus Exhibits stage in several months time , that is when you go through the open doors

    Now show us your proposed draft of paragraphs 2 and 3 , save the questions until later , after the feedback and critique

    Signage etc is already in the template defence , it ALWAYS is
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