Some help with defence statement

Island_blue

Thank you all, it’s completely my fault but I sent it off today as it was the deadline and of course I wish I had made sure I’d got to this final stage yesterday (as I was warned to).

Johnnersh, thanks for your insights, I actually copied the last paragraph 14 from the defence template supplied on this site (there are another 17 paragraphs after the above which I assume it was referring to with more complex legal points I couldn’t have attempted). So it’s the start of the rest of the template but we are told not to paste it all on here as it’s quite long. I assumed defence statements were commonly belittled by the claimant’s solicitors due to being copied in part and possibly this paragraph deflects that but I don’t know, I just carried on with the template form 14 on, as suggested. Also, I will research POFA, you’re right, I was confused by this and had been advised by Coupon-Mad it was non compliant. I misunderstood and should have phrased it that the letters were non compliant and not abbreviated it.

Le_Kirk, I didn’t realise defences statements were always written in the third person. Good advice.

Fruitcake, thanks for alterations and spelling checks.

Finally, I am guessing as I have emailed it now,  there is no way to tweak as suggested and then email it as a replacement now the deadline has passed? I could phone the court to ask them to accept it tomorrow if anyone has had experience of this, but if not, I hope I haven’t shown myself to be a complete novice which of course I am.

I’m very grateful for all the help, I could never have got this far without all this legal advice.

Le_Kirk

You are correct in that you cannot submit an amended or replacement defence .......... at least not without it costing you money!

Coupon-mad

It's fine!  Step 1 done.

Island_blue

Hi, I need some help, I received a notice of proposed allocation to the small claims track but I have been away and it says it has to be fil d with the court by tomorrow 9th June. My question is do I have to fill it out by hand and post it? In which case I could pay for next day delivery, or can I do it online? Also it says I need to serve it to all other parties, does that mean the parking company and their solicitors? Could all this be done by email maybe as a scanned copy? Thank you.

Island_blue

I have found a downloadable form. Do I attach this as an email to the court, to DCB legal and the claimant CP Plus Ltd? I suppose you don’t recommend mediation but rather progress to the court? Also can I put remote court hearing (or something similar) under where you would prefer it to take place, to request not to have to go in person or should I put my local court and see if they put in place a remote hearing? Thank you.

Island_blue

Actually I thought I’d found it but I hadn’t. Now know ugh that it’s  fine to email it and not to go for any mediation as I’d thought. Unfortunately I have scoured the internet and can’t find form N149A. Can anyone help where to get it and is it editable and sign-able online or do I need to print it, sign and then scan it back to attach as an email in which case I could use the paper copy? Sorry I can’t find this, I will fill it out tonight I hope..

Le_Kirk

If you were following the 12 step list (from NEWBIE sticky or defence template that @KeithP pointed out to you here 22 March at 2:51PM <<<< LINK) you will be ale to find the downloadable DQ and instructions for returning it to CCBC and the claimant, address on the original claim form.

Island_blue

Thanks for your answer. Yes I had read through that whole thread before and went through it again just now but I couldn’t find any link to download it anywhere. Now though I know it’s called an N180 Directions Questionnaire.. I was looking at the first page which has a different code, an N149a and is called something else so didn’t put two and two together. So my questions are:

1. I have found an editable PDF version of N180 by searching.. will they accept an electronic signature or should I physically sign and scan the whole document back in to email? I don’t want to do it wrong.

2. Is it ok to say one witness, (me), even though I wasn’t there and it was my husband driving alone that night or is it better to have him as a witness? Almost 6 years ago now so he doesn’t remember much but I have enough in the defence statement he or I can use. Not been asked for the witness statement yet.

3. I can’t get into “my money” claim as it says the saved password is incorrect which is a mystery but will I need this site at some point? There is strangely no link to reset the password.

4. I have a physical scan of the paper N180 I could email but do you think this wouldn’t be acceptable?

5. If there is a link to that form I’d be grateful incase the one I found isn’t the right way to do it.

6. Do I copy in both DCB Legal and CP plus? There is only one claimant on the form (CP Plus) so I haven’t found a definitive answer to this. 

Thank you and sorry if I missed anything, it’s so hard to find things sometimes despite hours of searching this site. I have bookmarked the newbies sticky though and this thread so it’s easier to find.

KeithP

Island_blue said:

Thank you and sorry if I missed anything...

Yes, you seem to have missed the subsequent steps on that checklist you were following when you filed your Defence.

Items 8, 9 and 10 on that list would've been useful.
Here they are again...

Coupon-mad

Clearly nothing goes to CP Plus.