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My Draft Defence - My First Post

13

Comments

  • Skiddaw1
    Skiddaw1 Posts: 2,300 Forumite
    Sixth Anniversary 1,000 Posts Name Dropper Photogenic
    The expression: 'don't bite the hand that feeds you' comes to mind....
  • Have you missed all the threads and posts on every thread since Monday about using the newly published statutory Code of Practice?

    I have run out of steam, constantly having to point out to every Defendant the news that was on the BBC and has been all over the forum for you!
    I just replied a bit abruptly and I then deleted the post because quite honestly you don't deserve someone like me overreacting and moaning when all you're trying to do is help people and no doubt you're inundated from working very hard to help people. So I apologise unreservedly for even thinking in a negative way about your response.

    I hadn't seen the posts earlier and I now have looked through and can see there has been a significant change. I'm not sure from that how to deal with my defence but I'll read in more detail later. Thanks.
  • Skiddaw1 said:
    The expression: 'don't bite the hand that feeds you' comes to mind....
    You're quite right and I have apologised for reacting in that way.
  • Sareck
    Sareck Posts: 41 Forumite
    10 Posts Name Dropper
    Have you missed all the threads and posts on every thread since Monday about using the newly published statutory Code of Practice?

    I have run out of steam, constantly having to point out to every Defendant the news that was on the BBC and has been all over the forum for you!
    I just replied a bit abruptly and I then deleted the post because quite honestly you don't deserve someone like me overreacting and moaning when all you're trying to do is help people and no doubt you're inundated from working very hard to help people. So I apologise unreservedly for even thinking in a negative way about your response.

    I hadn't seen the posts earlier and I now have looked through and can see there has been a significant change. I'm not sure from that how to deal with my defence but I'll read in more detail later. Thanks.
    I spent ages reading the post by a member called bargepole where a lot of the changes and proposals are being discussed. People like him and coupon mad have been on telly recently, as well as she was a public member on the steering group for this new CoP as far as I know. They do try to help but it's difficult when victims !one yourself don't put the same effort in , yet you are in the dock here , she isn't, neither is bargepole , apart from assisting others ( sometimes it needs straight talkng and no flannel) , good luck with your case however
  • Coupon-mad
    Coupon-mad Posts: 155,731 Forumite
    Part of the Furniture 10,000 Posts Name Dropper Photogenic
    edited 10 February 2022 at 3:13AM
    Skiddaw1 said:
    The expression: 'don't bite the hand that feeds you' comes to mind....
    You're quite right and I have apologised for reacting in that way.
    No worries.  Glad you read it now!

    Bargepole wrote a shiny new defence point this week about the brilliant news that fake debt recovery costs are now banned.

    Click on his username and choose 'replies' on his profile and you'll soon find that post.  Add it as a new point #6.
    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
  • Skiddaw1 said:
    The expression: 'don't bite the hand that feeds you' comes to mind....
    You're quite right and I have apologised for reacting in that way.
    No worries.  Glad you read it now!

    Bargepole wrote a shiny new defence point this week about the brilliant news that fake debt recovery costs are now banned.

    Click on his username and choose 'replies' on his profile and you'll soon find that post.  Add it as a new point #6.
    Really appreciate your help. I've found that paragraph and it's great!
  • How do you think this looks for a paragraph 3 on defence. I've taken it from a few different places on the boards:

    3. When the Defendant parked in this car park the Defendant did not see any clear signs. The Defendant avers that the parking signage in this matter was inadequate. At the time of the material events the signage was deficient in number, distribution and wording to reasonably convey a contractual obligation; and no consideration flowed between the driver and the Claimant. The notices cannot, therefore, reasonably be construed as having created a contractual relationship between the Claimant and the Driver.
  • dancingdough
    dancingdough Posts: 24 Forumite
    Fourth Anniversary 10 Posts Name Dropper
    Hi everyone, thanks for your help so far. I need a bit more advice please.

    I've just received a letter which is 'Amended Particulars of Claim' and contains a new acknowledgement of service. It's the same claim number which I have already acknowledged and filed a defence for.

    I've read the amended particulars of claim and cannot see anything of material difference.

    Do I need to acknowledged this and provide a new defence?


  • Coupon-mad
    Coupon-mad Posts: 155,731 Forumite
    Part of the Furniture 10,000 Posts Name Dropper Photogenic
    edited 1 July 2022 at 11:55AM
    Hmmm has this come out of the blue or was there an Order from the court telling them to file better particulars?

    What exactly are the differences?

    They might only be details but they've done this for a reason so which words have they tweaked?

    Are you at witness statement stage with a hearing date yet? You know what happens when from the section about that in the 2nd post of the NEWBIES thread, we hope?

    Don't disappear from the forum for months in between when your case goes quiet, please. You are missing out on changing information and this Summer, your only chance to be heard by Government.

    Come back regularly this Summer to check when the final Govt Public Consultation opens, discussed here:
    https://forums.moneysavingexpert.com/discussion/6345732/secure-parking-solutions-ntk/p6

    You won't want to miss out.
    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
  • dancingdough
    dancingdough Posts: 24 Forumite
    Fourth Anniversary 10 Posts Name Dropper
    Hmmm has this come out of the blue or was there an Order from the court telling them to file better particulars?

    What exactly are the differences?

    They might only be details but they've done this for a reason so which words have they tweaked?

    Are you at witness statement stage with a hearing date yet? You know what happens when from the section about that in the 2nd post of the NEWBIES thread, we hope?

    Don't disappear from the forum for months in between when your case goes quiet, please. You are missing out on changing information and this Summer, your only chance to be heard by Government.

    Come back regularly this Summer to check when the final Govt Public Consultation opens, discussed here:
    https://forums.moneysavingexpert.com/discussion/6345732/secure-parking-solutions-ntk/p6

    You won't want to miss out.
    Thank you so much for your reply. It has come out of the blue as far as I can see. The amendment seems to be clarifying and breaking down the charge using the following wording:

    Charge £85
    Contractural Costs £70
    Interest £21.66
    Court Fee £35
    Legal Representative Fixed Costs £50

    The total amount is the same £176.66 plus costs.

    I don't have a hearing date yet. They have included a response pack but I'm assuming this is standard and they are offering me the chance to admit the claim which I do not want to do. I have already acknowledged the claim and this has the same claim number so I'm assuming I don't need to take any further action and just continue to wait for my hearing date?

    I will of course keep myself up to date with the information on the forum and I appreciate all of the effort you and other make on here to help us.

    Thanks
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