Some help with defence statement

KeithP

Island_blue said:

Hi, I have had my Notice of allocation to court and have until 5th October to send my WS and evidence to the Court and claimant. My question is this:

1.Can I email it to the court and the claimant? There is no email address but I could find one I’m sure.

2. It mentions I should check if I can “issue the claim online” at moneyclaim.org .. is this possible?

3. If emailing it, do I need to print it out, sign it and then scan it back in and send as a PDF?

4. I read all the newbies posts again and I wanted to check that the info posted 20th Nov 20 by Coupon mad is the latest? It suggest adding several examples with links and I thought I’d better check.

5. I’m not the driver, I’m the keeper and I admitted that, shall I just give the evidence (I took some photos) and describe it from my husband’s point of view?

6. The claimants solicitor emailed me suggesting half the sum already to settle. I’m guessing this isn’t something you’d recommend even though we were in the wrong parking at night in a motorway services and sleeping past the free period?


Thanks very much.

1. Yes, use email.

2. But you are not issuing a claim. That was done by the Claimant back in February.

3. Yes, or choose another way of getting your signature into the pdf. Photo of signature on white paper.

4. There are probably later refinements, but start with that info.

5. It is your Witness Statement. You are the Defendant. You can of course repeat anything the driver may have told you.

6. Forget that idea.

Island_blue

Thanks both for your helpful replies, Le-Kirk, yes I am the defendant and the post I mentioned is on the front page for newbies which was suggested we read to try to catch up on the whole process and what to expect. Thanks for the examples which I will thoroughly look at. Yes in my defence statement I mentioned about the tiredness can kill take a break signs which are there on the motorway but I couldn’t take a photo when I went back as I was alone driving but I did take photos of the very sparse signage which is indeed small and hard to read. It wasn’t at night as I live three hours from the Moto and was there recently in the daytime but I will say that it would obviously be even harder to read at night.

This is however my only defence apart from the fact that it happened almost 6 years ago and years went by without any communication from them at all. As I said I have had an email offering to settle for much less but I don’t know how the hearing is likely to go given that he didn’t buy a ticket and just assumed they wouldn’t charge at night. If it isn’t decided in my favour would the fine be the same as the over £300 charge it presently is or does it usually come out less? In which case it’s worth a go in court?

Keith P thank you for clarifying point 2. Of course I’m not the claimant, silly me, and thanks for the other advice.  If you could clarify why you think that going to court is better than paying a reduced charge it’d put my mind at rest. I was thinking I might get a phone hearing but it’s actually at the court.

Fruitcake

It is not a fine.

Unless you get a clueless judge, losing should cost you less than the amount they are currently claiming because the fake add-on charges should be disallowed, so yes, it is worth defending.

KeithP

Island_blue said:

I was thinking I might get a phone hearing but it’s actually at the court.

Have a look at this video...

www.youtube.com/watch?v=n93eoaxhzpU

Typically, just three or four people sitting round a table having a discussion.

Umkomaas

Have you read this thread?

https://forums.moneysavingexpert.com/discussion/6377263/dcb-legal-record-of-private-parking-court-claim-discontinuations/p1

You seem to be following the same pattern of many other CP Plus/DCB Legal cases we've dealt with of late. 

Jenni_D

Exactly my thoughts ... the lower offer is often the precursor to a discontinuation.  

But @Island_blue still needs to follow the process and get the WS done ... these claimants tend to take it to the wire before discontinuing.

Island_blue

Thanks all,

I read many of the cases on the forum link to DCBLegal dropping cases .... I do hope (as one person said) that I’m also in the “99 club” rather than the 1% who lose and I don’t know the figure for how many cases they drop but I hope that’s the case. One person on another link I read to who didn’t win but had it reduced by £70 to £100 thought they’d been penalised for using a witness template. Does that often happen? I will prepare my WS and hope for the best. I’ll post a link here once done but thanks Keith P for the video ... Doesn’t look too scary, just a lot of time spent on paperwork.

 In your opinion does a counterclaim for time spent a. Annoy the judge or b. Further put off the claimant progressing to court as there’s added risk?

Coupon-mad

It's not a counterclaim.

A costs assessment doesn't annoy Judges and nor do good WS bundles with photos and evidence.

See the WS by @aphex007 - and yes you can safely copy the style and some later paragraphs about the false added DRA 'fee'.

Island_blue

Well, you were right! My witness statement was due in today and last night DCB Legal sent me an email to say their client CP Plus has instructed them to drop court proceedings and they attached an N279 Notice of Discontinuance. I’m SO RELIEVED 😅 after almost 7 years of this process in my life on and off. I am officially now part of the 99 club (99% win with your help) and I want to say a huge THANK YOU to all of you amazing people who give so much of your time to help people like me. Without your expert knowledge and encouragement I’d never have got to this stage. 

Le Kirk
Keith P
Coupon Mad
Johnersh
Fruitcke
Trainerman… and everyone else who helped me, thank you so much 🙏

And now Coupon_mad I need to hear that Queen song 🎶🎵🥳

patient_dream

WELL DONE ..... 

https://www.youtube.com/watch?v=rY0WxgSXdEE