Late defence for county court claim / mental health

Buk8171

I received a court claim dated 13th May. 5 days after that date I managed to  complede the AOS online to buy more time however I believe I have now missed the deadline to submit my defence . I suffer from mental health issues which affect my day to day living ... 
I'm trying to draft up a defence to send off now but am unsure if it will make a difference. 

Incident took place in 2019 in retail car park outside of KFC and pizzahut on a dark evening.  I was receiving sick notes around that period and continue to do so.

Parking company say vehicle was parked without displaying ticket . One is allowed to park for free but has to display a ticket . Ticket must have fallen off the dash which I do not have it in my possession.

Could not face the repeated begging letters due to mental health issues which I realise isn't the smartest thing to do , so go easy on me !!!

Please help!

Coupon-mad

As long as you are quick you might still win the race, if a default judgment is not showing on MCOL.

What's the date of issue on the claim?

What date does MCOL show your AOS?

95Rollers

Just be quick. There is plenty of good templates on here. Don't worry too much as they rarely accept a defence and will always push for the next stage. I can totally sympathise with your condition, but the PPCs won't so Don't expect empathy from them. I did a rushed, messy defence with keyboard rage- buy I made it up at witness statement stage so don't worry too much if you don't feel it's aa detailed as you'd like.  Its primarily the WS that wins you cases. Keep in touch here to how you get on and be quick!

Buk8171

Hi can't manage to login to mco to check status but pressing on with defence anyway . 

Got the template and have edited as advised, would you deem it ok to send off? Anything to add /omit? I also have sick notes and receive disability benefit if proof should be sent in also?

Thanks so much , been panicking all morning but feel more confident with the kind words



2.     It is admitted that the Defendant was the registered keeper of the vehicle in question but liability is denied.

3.     The Defendant can neither confirm nor deny with certainty who was driving that day because parents are also registered drivers. The Defendant assumes that the ticket fell off the dashboard but does not have the physical ticket.

4.    The Defendant is a single parent of X children and suffered from mental health issues at the time of the parking event and has continued to do so.

5.    The Claimant is put to strict proof of their full compliance with Schedule 4 of the Protection of Freedoms Act 2012.  The Defendant avers that there can be no keeper liability where there is an absence of ‘adequate notice’ of the parking charge and/or any ‘relevant contract or ‘relevant obligation’.

6.  The parking charge notice (‘PCN’) was not received, due to the Defendant being away from the home for lengthy periods of time due to her mental health and inability to keep on top of mail.

7.   The Defendant visited the location and discovered lack of signage regarding the parking requirements which was hard to read especially on a dark evening which was when the ticket was issued. It was also noted that cars could be parked free for two hours. It was not observed according to the ticket that the vehicle went over this time period.

Buk8171

Issue date is 13th of May, aos made on 20th may

Coupon-mad

Remove this (none of it is relevant to a defence and DO NOT assume fault!):

 The Defendant assumes that the ticket fell off the dashboard but does not have the physical ticket. 

4.    The Defendant is a single parent of X children and suffered from mental health issues at the time of the parking event and has continued to do so. 

Get them to electronically sign and date the defence right now and get it emailed to the court and solicitors.

Make sure they use the WHOLE template defence (re-numbered) and not just the above.

Tell them they MUST get an immediate email acknowledgement back from the CCBC or it can't be assumed to be in!

Make sire they know DEFENCE IS NOT THEIR ONLY JOB!

See the first 12 steps in the Template Defence thread.  Then read 'IMPORTANT - KNOW WHAT HAPPENS WHEN' in the NEWBIES thread.  Because there will be a witness statement and evidence stage well before the hearing.  They don't just rock up relying on a defence alone.

95Rollers

Never guess or assume - assumption is the mother of all f**k ups!  

Unless you know for fact, don't guess and don't make their job easier for them as they'll try and find a small chink in the armour and pick away it like a dog with a bone. So don't give them any scraps.

Buk8171

Thanks guys, I did all what was advised . I now have limited time to file my witness statement. I received the SAR. The original fee was £100. They are claiming £182 , £35 Court fee and £50 legal fee.

In the witness statement I plan to include the same points raised in the previous defence sent :

3. It is admitted that the Defendant was the registered keeper of the vehicle in question but liability is denied. 

• The Defendant can neither confirm nor deny with certainty who was driving that day because her mother and stepfather are also registered drivers. 

•    The Claimant is put to strict proof of their full compliance with Schedule 4 of the Protection of Freedoms Act 2012.  The Defendant avers that there can be no keeper liability where there is an absence of ‘adequate notice’ of the parking charge and/or any ‘relevant contract or ‘relevant obligation’. 

• The parking charge notice (‘PCN’) was not received, due to the Defendant being away from the home for lengthy periods of time due to her mental health and inability to keep on top of mail. 

• The Defendant visited the location and discovered lack of signage regarding the parking requirements which was hard to read especially on a dark evening which was when the ticket was issued. It was also noted that cars could be parked free for two hours. It was not observed according to the ticket that the vehicle went over this time period



Not very hopeful for obvious reasons!

But if I've missed anything out please let me know . Have continuous sick notes from before ticket was issued and after to prove medical difficulty with lack of response if its necessary to add ? 

I've not allowed to post links yet ! Am I able to pm any one to repost them here for me ? In the meantime I shall get commenting on some posts 

Buk8171

* the links i uploaded to show the ticket,  images , demand letter etc

Coupon-mad

That's not how to do a WS bundle. You don't merely repeat the defence. 

All stages are fully explained (including the sort of Exhibits you need to attach) in the NEWBIES thread second post under the red capitals heading 'IMPORTANT:  KNOW WHAT HAPPENS WHEN.

But do not copy the example WS shown there (RobertCox) which is superseded in 2022 by the one posted recently by loads of posters including @aphex007

That link takes you to their profile & thread.