Feedback on my defence please

KeithP

helpthisgirl said:

- my 28th day after AOS is tomorrow...

What is the relevance of that?

When filing a Defence you have twenty-eight days from the date of service of the Claim in which to file a Defence.

Despite being asked more than once, you have not told us the Issue Date on your Claim Form, nor the date that you filed an Acknowledgment of Service, so it is not possible to say when the deadline for filing your Defence is.

helpthisgirl said:

When filing my defence, where do I include my evidence? (photographs etc?) 

Nothing gets included with a Defence. Save that stuff for Witness Statement time.

helpthisgirl

KeithP said:

helpthisgirl said:

- my 28th day after AOS is tomorrow...

What is the relevance of that?

When filing a Defence you have twenty-eight days from the date of service of the Claim in which to file a Defence.

Despite being asked more than once, you have not told us the Issue Date on your Claim Form, nor the date that you filed an Acknowledgment of Service, so it is not possible to say when the deadline for filing your Defence is.

helpthisgirl said:

When filing my defence, where do I include my evidence? (photographs etc?) 

Nothing gets included with a Defence. Save that stuff for Witness Statement time.

Thanks for the quick reply and sorry Keith, got confused between date of claim and AOS (doh!)

My claim date is 15th August.

KeithP

helpthisgirl said:

- my 28th day after AOS is tomorrow...

Tomorrow is 12th September.
12th September minus 28 days = 15th August.
 So you filed an Acknowledgment of Service on 15th August.

And now you are telling us...

helpthisgirl said:

My claim date is 15th August.

It simply is not possible that you filed an Acknowledgment of Service on the same day as the Claim was issued.

Please look at your Claim Form and tell us the Issue Date printed on it.

If you can, please login to the MoneyClaimsOnline website and tell us what it says under Claim History.
It should looks something like this...

A claim was issued against you on dd/mm/2022

Your acknowledgment of service was submitted on dd/mm/2022 at hh:mm:ss

Your acknowledgment of service was received on dd/mm/2022 at hh:mm:ss

Believe me, I am not trying to trip you up, but to offer the best guidance we really need to be clear on this.

helpthisgirl

KeithP said:

helpthisgirl said:

- my 28th day after AOS is tomorrow...

Tomorrow is 12th September.
12th September minus 28 days = 15th August.
 So you filed an Acknowledgment of Service on 15th August.

And now you are telling us...

helpthisgirl said:

My claim date is 15th August.

It simply is not possible that you filed an Acknowledgment of Service on the same day as the Claim was issued.

Please look at your Claim Form and tell us the Issue Date printed on it.

If you can, please login to the MoneyClaimsOnline website and tell us what it says under Claim History.
It should looks something like this...

A claim was issued against you on dd/mm/2022

Your acknowledgment of service was submitted on dd/mm/2022 at hh:mm:ss

Your acknowledgment of service was received on dd/mm/2022 at hh:mm:ss

Believe me, I am not trying to trip you up, but to offer the best guidance we really need to be clear on this.

Hi Keith, 

So:-

A claim was issued against you on 15/08/2022

Your acknowledgment of service was submitted on 20/08/2022 at 22:27:01

Your acknowledgment of service was received on 22/08/2022 at 01:07:52

Thanks

KeithP

helpthisgirl said:

KeithP said:

helpthisgirl said:

- my 28th day after AOS is tomorrow...

Tomorrow is 12th September.
12th September minus 28 days = 15th August.
 So you filed an Acknowledgment of Service on 15th August.

And now you are telling us...

helpthisgirl said:

My claim date is 15th August.

It simply is not possible that you filed an Acknowledgment of Service on the same day as the Claim was issued.

Please look at your Claim Form and tell us the Issue Date printed on it.

If you can, please login to the MoneyClaimsOnline website and tell us what it says under Claim History.
It should looks something like this...

A claim was issued against you on dd/mm/2022

Your acknowledgment of service was submitted on dd/mm/2022 at hh:mm:ss

Your acknowledgment of service was received on dd/mm/2022 at hh:mm:ss

Believe me, I am not trying to trip you up, but to offer the best guidance we really need to be clear on this.

Hi Keith, 

So:-

A claim was issued against you on 15/08/2022

Your acknowledgment of service was submitted on 20/08/2022 at 22:27:01

Your acknowledgment of service was received on 22/08/2022 at 01:07:52

Thanks

That's good. Thanks.

With a Claim Issue Date of 15th August, and having filed an Acknowledgment of Service in a timely manner, you have until 4pm on Tuesday 20th September 2022 to file your Defence.

That's over a week away. Plenty of time to produce a Defence and it is good to see you are not leaving it to the last minute.

To create a Defence, and then file a Defence by email, look at the second post in the NEWBIES thread.

Don't miss the deadline for filing a Defence.

Do not try and file a Defence via the MoneyClaimOnline website. Once an Acknowledgment of Service has been filed, the MCOL website should be treated as 'read only'.

helpthisgirl

KeithP said:

helpthisgirl said:

KeithP said:

helpthisgirl said:

- my 28th day after AOS is tomorrow...

Tomorrow is 12th September.
12th September minus 28 days = 15th August.
 So you filed an Acknowledgment of Service on 15th August.

And now you are telling us...

helpthisgirl said:

My claim date is 15th August.

It simply is not possible that you filed an Acknowledgment of Service on the same day as the Claim was issued.

Please look at your Claim Form and tell us the Issue Date printed on it.

If you can, please login to the MoneyClaimsOnline website and tell us what it says under Claim History.
It should looks something like this...

A claim was issued against you on dd/mm/2022

Your acknowledgment of service was submitted on dd/mm/2022 at hh:mm:ss

Your acknowledgment of service was received on dd/mm/2022 at hh:mm:ss

Believe me, I am not trying to trip you up, but to offer the best guidance we really need to be clear on this.

Hi Keith, 

So:-

A claim was issued against you on 15/08/2022

Your acknowledgment of service was submitted on 20/08/2022 at 22:27:01

Your acknowledgment of service was received on 22/08/2022 at 01:07:52

Thanks

That's good. Thanks.

With a Claim Issue Date of 15th August, and having filed an Acknowledgment of Service in a timely manner, you have until 4pm on Tuesday 20th September 2022 to file your Defence.

That's over a week away. Plenty of time to produce a Defence and it is good to see you are not leaving it to the last minute.

To create a Defence, and then file a Defence by email, look at the second post in the NEWBIES thread.

Don't miss the deadline for filing a Defence.

Do not try and file a Defence via the MoneyClaimOnline website. Once an Acknowledgment of Service has been filed, the MCOL website should be treated as 'read only'.

Thanks so much Keith, that's really reassuring. 

So just for my understanding, the 28 days began from when my AOS was received? 

Noted re filing a defence, will make sure to do this via email as per the thread! 

Thanks again

KeithP

helpthisgirl said:

KeithP said:

helpthisgirl said:

KeithP said:

helpthisgirl said:

- my 28th day after AOS is tomorrow...

Tomorrow is 12th September.
12th September minus 28 days = 15th August.
 So you filed an Acknowledgment of Service on 15th August.

And now you are telling us...

helpthisgirl said:

My claim date is 15th August.

It simply is not possible that you filed an Acknowledgment of Service on the same day as the Claim was issued.

Please look at your Claim Form and tell us the Issue Date printed on it.

If you can, please login to the MoneyClaimsOnline website and tell us what it says under Claim History.
It should looks something like this...

A claim was issued against you on dd/mm/2022

Your acknowledgment of service was submitted on dd/mm/2022 at hh:mm:ss

Your acknowledgment of service was received on dd/mm/2022 at hh:mm:ss

Believe me, I am not trying to trip you up, but to offer the best guidance we really need to be clear on this.

Hi Keith, 

So:-

A claim was issued against you on 15/08/2022

Your acknowledgment of service was submitted on 20/08/2022 at 22:27:01

Your acknowledgment of service was received on 22/08/2022 at 01:07:52

Thanks

That's good. Thanks.

With a Claim Issue Date of 15th August, and having filed an Acknowledgment of Service in a timely manner, you have until 4pm on Tuesday 20th September 2022 to file your Defence.

That's over a week away. Plenty of time to produce a Defence and it is good to see you are not leaving it to the last minute.

To create a Defence, and then file a Defence by email, look at the second post in the NEWBIES thread.

Don't miss the deadline for filing a Defence.

Do not try and file a Defence via the MoneyClaimOnline website. Once an Acknowledgment of Service has been filed, the MCOL website should be treated as 'read only'.

So just for my understanding, the 28 days began from when my AOS was received? 

No, the twenty-eight days start five days after the Issue Date on your Claim Form.

This is explained on the back of your Claim Form where it says...

It goes on to say:

helpthisgirl

Coupon-mad said:

And then search the forum for Henderson defence as you need to include cause of action estoppel in your two defences.

Dad needs to include other stuff about not being the driver and that this is an abuse of process and breach if the POFA schedule 4, because the driver took responsibility for all 6 unfair PCNs issued, so the Claimant knew who was driving all along, including the driver's full name and address (son).

Yet the Claimant continued to harass the keeper for this one and they have filed three duplicate claims, splitting the PCNs up and serving two claims to the driver but one to the keeper.  He should ask in his defence that his case is heard on the same day as your two, giving the claim numbers and repeating that request by email at EVERY STAGE.

Hi @Coupon-mad , reverting back to this thread as my case has proceeded now to the small claims court. I have received their witness statement - is it worth posting it on here? (with specific details marked off). Are there any steps I can take to prepare for or advice you would give or that is available on this forum to direct me to? 

Thank you! 

KeithP

helpthisgirl said:

Coupon-mad said:

And then search the forum for Henderson defence as you need to include cause of action estoppel in your two defences.

Dad needs to include other stuff about not being the driver and that this is an abuse of process and breach if the POFA schedule 4, because the driver took responsibility for all 6 unfair PCNs issued, so the Claimant knew who was driving all along, including the driver's full name and address (son).

Yet the Claimant continued to harass the keeper for this one and they have filed three duplicate claims, splitting the PCNs up and serving two claims to the driver but one to the keeper.  He should ask in his defence that his case is heard on the same day as your two, giving the claim numbers and repeating that request by email at EVERY STAGE.

I have received their witness statement...

Have you filed and served a Witness Statement with your evidence yet?

You probably had the same deadline as the Claimant to complete that. 

Look again at your Notice of Allocation. The Notice that gives the hearing date.

Is there not a paragraph something like:

Each party must deliver to every other party and to the court office copies of all documents on which he intends to rely at the hearing no later than [ . . . ] [14 days before the hearing].

Might be on the back.

Those 'documents on which you intend to rely' are your Witness Statement and evidence.

Coupon-mad

Same advice as here:
https://forums.moneysavingexpert.com/discussion/comment/79689422/#Comment_79689422

Oh dear.  Please get back 'on piste'.