Parking Claim Form - Defence for Review

chris.gavin

Hi,

I've read a load on these forums and tried to understand what I could. I used the TEMPLATE DEFENCE - NEW FROM OCTOBER 2020 text and adapted 2 and 3 for my situation.

The issue date was 4th Jan (+5days) so 9th and I submitted an AOS was today.

Perhaps a mistake but I ignored all correspondence from the company up until this point - is this OK?

Thanks in advance for any guidance

KeithP

chris.gavin said:

The issue date was 4th Jan and I submitted an AOS today.

Hello and welcome.

With a Claim Issue Date of 4th January, and having filed an Acknowledgment of Service in a timely manner, you have until 4pm on Monday 7th February 2022 to file your Defence.

That's 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'.

Redx

2) should say keeper and driver losing the second sentence

Every paragraph should have a number , several paragraphs in 3 do not

Adjust the Somerfield reference to the correct paragraph after renumbering

chris.gavin

Thank you both for your responses - updating now...

chris.gavin

I have taken some pictures and included in the final defence. Taking the MCOL website as read only as recommended - I think I then send my defense by email to mcol@hmcts.gsi.gov.uk. I am wondering if I need to reomve the claims paragraph and any paragraphs that reference unclear signage - the reason being that I didn't see the signs beforehand so it isn't relevant to my case... wdythink?

Redx

That email address is incorrect , the advice in the Defence template post by coupon mad should be followed , which provided some info by KeithP at a previous point

No pictures , no exhibits , no evidence , or submitted with the defence , a defence is TEXT only !

All of those are submitted with the WS plus Exhibits plus summary costs assessment in several months time

You ALWAYS query signage in a parking case , especially if not seen , few parking company signs pass muster

Umkomaas

That's the incorrect email address to send your Defence (check what @KeithP wrote on the 17 January above). 

Why are you attaching 'Exhibits' to your Defence?

chris.gavin

Thank you both for your responses and patience - I really appreciate it...

I think I am struggling with the threads / links within thread format and either lose what I want to post here or end up following a link and trying to read or understand a lot of information. 

Just an FYI, the reason I included pictures is that I read further down the "2nd post in the newbies thread" which starts  

IMPORTANT - KNOW WHAT YOU MUST DO AND BY WHEN!

There is a link underneath a heading "A current good example of a Witness Statement:" and I adapted that. 

I think I am confusing a defence statement with a witness statement...

So now I think I must take out the pictures and remove references from the text and follow this process from KeithP:

Print your Defence.
1. Sign it and date it.
   
2. Scan the signed document back in and save it as a pdf.
   
3. Send that pdf as an email attachment to CCBCAQ@Justice.gov.uk
   
4. Just put the claim number and the word Defence in the email title, and in the body of the email something like 'Please find my Defence attached'.
   
5. Log into MCOL after a few days to see if the Claim is marked "defence received". If not chase the CCBC until it is.
   
6. Do not be surprised to receive an early copy of the Claimant's Directions Questionnaire, they are just trying to keep you under pressure.
   
7. Wait for your DQ from the CCBC, or  <download one from the internet> and then re-read post #2 of <The NEWBIES FAQ Sticky thread> to find out exactly what to do with it.

Thanks again - I have a pretty busy life and am having to fit this in the gaps... 

Coupon-mad

You simply adapt the Template Defence at this stage, from the Announcement called Template Defence.

Le_Kirk

chris.gavin said:

There is a link underneath a heading "A current good example of a Witness Statement:" and I adapted that. 

I think I am confusing a defence statement with a witness statement...

So now I think I must take out the pictures and remove references from the text and follow this process from @KeithP:

Possibly because you called it a defence statement when it is simply a defence.

chris.gavin

Submitted defence a few days ago, received a small claims track letter today - just checked MCOL:

Your acknowledgment of service was received on 18/01/2022 at 08:06:04

Your defence was received on 02/02/2022

DQ sent to you on 02/02/2022