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LBCCC Defence

2

Comments

  • gt862022
    gt862022 Posts: 14 Forumite
    10 Posts
    I'v also received a copy of the shorthold tenancy which mentioned allocated parking at number 49 (which is the space the car was occupying on the date) but makes absolutely 0 mention of third parties, management companies, parking permits or anything at all really. When my friend was given the permit it also didnt have any identifying information on it other than some branding (no registration, no address, no nothing) - this was used in the appealed invoice and I now have copies thanks to my SAR 


  • Coupon-mad
    Coupon-mad Posts: 153,572 Forumite
    Part of the Furniture 10,000 Posts Name Dropper Photogenic
    edited 10 March 2022 at 3:32PM
    gt862022 said:
    From my understanding I'm really asking them to prove that they followed the correct procedure in attaining keeper details and further their terms are forming a contract with the driver if they cant prove who that is how can they prove any contract was formed either? 
    Yes but you MUST NOT 'deny' driving.  That's lying to the court and that word must be removed.

    That's why the template says in capital letters 'ONLY IF TRUE'.

    Add a bit about this to your facts section:
    The Defendant received a copy of the shorthold tenancy which mentioned allocated parking at number 49 (which is the space the car was occupying on the date) but makes absolutely 0 mention of third parties, management companies, parking permits or anything at all really. 
    The permit also didnt have any identifying information on it other than some branding (no registration, no address, no obligations or contractual terms),





    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
  • gt862022
    gt862022 Posts: 14 Forumite
    10 Posts
    Thanks coupon, I've reread Jonerish's thread in a bit more detail and that make sense now anyway, will update and remove
  • gt862022
    gt862022 Posts: 14 Forumite
    10 Posts
    updated the defence as above and submitted to ccbcaq@justice.gov.uk do I just wait now or will I get an acknowledgement email? 

    should I be doing anything else?
  • Coupon-mad
    Coupon-mad Posts: 153,572 Forumite
    Part of the Furniture 10,000 Posts Name Dropper Photogenic
    edited 14 March 2022 at 3:16PM
    if you didn't get an ack email that's a problem and you must forward it again.
    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
  • gt862022
    gt862022 Posts: 14 Forumite
    10 Posts
    I had the auto response from CCBC AQ acknowledgment at 12:52
  • KeithP
    KeithP Posts: 41,296 Forumite
    Part of the Furniture 10,000 Posts Name Dropper
    edited 14 March 2022 at 4:56PM
    gt862022 said:
    should I be doing anything else?
    Continue to follow that checklist that led to the filing of your Defence.

    A re-read of the second post of the NEWBIES thread will also tell you what happens next.
  • gt862022
    gt862022 Posts: 14 Forumite
    10 Posts
    I've now had my N180, submitting the questionnaire to local courts, do I email it over to the court listed in the n180, the one id like my hearing venue or both and where can if find the appropriate emails? 
  • Umkomaas
    Umkomaas Posts: 43,510 Forumite
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    gt862022 said:
    I've now had my N180, submitting the questionnaire to local courts, do I email it over to the court listed in the n180, the one id like my hearing venue or both and where can if find the appropriate emails? 
    The 12 points shown in the opening post of the Template Defence Announcement covers all the steps you need to take in the process. Have a look at 8 to 11. 
    Please note, we are not a legal advice forum. I personally don't get involved in critiquing court case Defences/Witness Statements, so unable to help on that front. Please don't ask. .

    I provide only my personal opinion, it is not a legal opinion, it is simply a personal one. I am not a lawyer.

    Give a man a fish, and you feed him for a day; show him how to catch fish, and you feed him for a lifetime.

    Private Parking Firms - Killing the High Street
  • Coupon-mad
    Coupon-mad Posts: 153,572 Forumite
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    The N180 goes to the CCBC if that's what the covering letter says.

    The only exception I know of (where the N180 goes to the local court) is where there is a counterclaim in play.  The letter makes it clear.
    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
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