need help compiling defence for county court business centre claim

ranaboy

Hi There,

I am new to the forum and have read through the newbies section for the replying process.

I have created a profile on money claim online and have submitted the acknowledgement of service

all within time frame.

It is for a PCN

 claimant G24

through BW legal

claim form issue 15 sept 2022

contractual breach in private car park of a retail outlet

failure to comply with terms and conditions.

This store/carpark does not exist now

What should I do now? Do you want more information here to help better direct my defence wording?

Kind Regards

Le_Kirk

Now, you go to the template defence, to be found in the announcements on the first page of the forum.  You adjust paragraphs 2 & 3 of the template with your defence against what the POC states on the claim form.  Post here your paragraphs and then when it is critiqued, you join it back up with the rest of the template and send by e-mail to CCBC all outlined in the template defence for you.

ranaboy

ok Thankyou le kirk

KeithP

Hello and welcome.

Upon what date did you file an Acknowledgment of Service?
Your MCOL Claim History will have the definitive answer to that.

ranaboy

Hi Keith

I filed the AOS today. The PCN was issued in 2019, I recall very little about the carpark as I only went there once to look in a retail store. Should I ask G24 for evidence to help with my defence?

KeithP

With a Claim Issue Date of 15th September, and having filed an Acknowledgment of Service in a timely manner, you have until 4pm on Tuesday 18th October 2022 to file your Defence.

That's over three weeks 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'.

ranaboy

Hi KeithP

 Thankyou for your reply, advice and calculations, I have edited the paragaphs as laid out below for critique.

2. It is admitted that the defendant is the registered keeper and driver of the vehicle.

3. The defendant parked at said location to visit the various retail establishments nearby.

The defendant thought that parking was freely available and provided by the retail establishments
 as no other roadside parking appeared available.

No parking attendant, barrier or machine was encountered by the defendant.

The defendant does not agree with the particulars of the claim i.e. 'contractual breach'
 or 'failure to comply with terms and conditions'as no contract or terms and conditions were seen, understood or signed.

Coupon-mad

That's OK but all paragraphs need a number.

ranaboy

Good afternoon,

I have filed my defence by email with CCBC and recieved an acknowledgement from them.

I am trying to email my defence pdf to BWLegal and keep getting a sending failure notice, does anyone have a successful email address for them?

Kind regards

Le_Kirk

What e-mail address are you trying? I have read that info@ normally works.  However if it is a sending error, that suggests it is you/your system at fault otherwise it would be a receive error.

ranaboy

I'm on phone to them now, I have tried 550: permanent failure for one or more recipients (litigation@bwlegal.co.uk:blocked)