Excel Parking - Claim Form - Defence

Redbread

Le_Kirk said:

Signage is covered in the defence template; just make sure you are not duplicating the same points.  Not sure that point 5 is a defence point, either save if for the witness statement or explain why it is a defence.

In that case I think the below is probably the simplest and straight forward way to present it?


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 is denied.

3. The Defendant was the driver of the vehicle on the dates listed. This was a car park the Defendant used frequently in 2018 and was therefore a regular paying customer.

4. The Defendant paid for parking by phone so the PCN 'Contravention reason 'Parked without displaying a valid ticket/permit' is invalid as no such ticket/permit was received physically or otherwise after payment.

Le_Kirk

Yep, you can then back up your defence point 4 by providing proof at witness statement stage.

Redbread

That's great thanks. I've read some Witness Statement examples so it looks like this stage is fairly straight-forward and the meat of information and evidence will be asked for later.

Therefore all that's left to do is follow the guidance for submitting my Defence to  'CCBCAQ@Justice.gov.uk' I believe.

Le_Kirk

Don't forget to add the rest of the template before you send it and, as you have added another paragraph, read the following, first posted by @1505grandad: -

Hopefully you have read and understood the Template Defence and therefore realise that the existing para 7  in the Template states -  "He was not taken by either party to Somerfield in point #5 above and in any event it is worth noting that the lead Southampton case of Britannia v Crosby was not appealed."

As you now have more than paras 2 and 3 - and therefore have to renumber the subsequent paras - you have altered the reference to point 5 accordingly.

Redbread

Le_Kirk said:

Don't forget to add the rest of the template before you send it and, as you have added another paragraph, read the following, first posted by @1505grandad: -

Hopefully you have read and understood the Template Defence and therefore realise that the existing para 7  in the Template states -  "He was not taken by either party to Somerfield in point #5 above and in any event it is worth noting that the lead Southampton case of Britannia v Crosby was not appealed."

As you now have more than paras 2 and 3 - and therefore have to renumber the subsequent paras - you have altered the reference to point 5 accordingly.

That is a very good point to note. I'll make sure to scrutinize all the references and update them. Thanks again

Redbread

I haven't heard anything since submitting my defence. I will assume it's perfectly normal to wait up to many weeks before receiving a DQ N180 or anything further.

Redx

Redbread said:

I haven't heard anything since submitting my defence. I will assume it's perfectly normal to wait up to many weeks before receiving a DQ N180 or anything further.

Correct , typically 6 to 8 weeks , but could be longer , keep checking MCOL claim history to see when the N180 has been posted by them , then follow the 12 numbered steps in the defence template post in announcements

D_P_Dance

If you paid and they are bothering you  foy more  money I would complain to Trading Standards.  Have you complained to your MP? 

Redbread

I have received a Judgement for Claimant (in default) despite following the forum advice to the letter. I sent my defence well in time to CCBCAQ@justice.gov.uk and the reference I quoted was correct. The email sent successfully.

What do I do now? It looks like I have to apply to the court office and fill in an application and a hearing will take place. 

Coupon-mad

You sent it out of working hours and didn't check MCOL that it was received, and didn't get an acknowledgement email that you didn't know you were meant to look for!

Seen this often and you can unpick it with a VERY robust complaint to the CCBC, sending them proof of the 'sent' email and demanding the case is put before a Judge to reverse the mistaken Judgement (without an application as it was caused by court error) and telling them you've found out this has happened to other people and is completely unacceptable.

DO NOT TAKE ANY FOB OFF BLAME FROM THE CLERK WHO ANSWERS THE PHONE, AS THEY TRY TO TELL PEOPLE THAT THEY SHOULD HAVE GOT AN ACKNOWLEDGEMENT EMAIL (THAT YOU DIDN'T KNOW YOU WERE 'MEANT' TO GET BECAUSE IT DIDN'T ARRIVE!).

Insist, stand up for the conversation and forward the sent email while they are on the phone and follow it with an emailed 'FORMAL COMPLAINT'.