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need help compiling defence for county court business centre claim

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Comments

  • Coupon-mad
    Coupon-mad Posts: 155,731 Forumite
    Part of the Furniture 10,000 Posts Name Dropper Photogenic
    ranaboy said:
    Good afternoon,
    I am in the process of filling out form N180. At question E1 when requesting a county court location, I would like to request a court close to my home address.
     Is it appropriate to site a case management directive ?
     for example;  CPR 26.2A (3)
    No need. It is your application so it WILL be allocated to your nearest county court.

    Re the other question, I would add:

    'This is an application which depends on set aside of a CCJ and CPR 13.2 and/or 13.3 being established, so I need to be sure there are no misunderstandings and my CCJ is set aside, i feel this is an application that needs my input in person and I have paid £275 which is ten times more than the parking firm Claimant did when imposing this claim and CCJ improperly.
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    Home»Motoring»Parking Tickets Fines & Parking - read the NEWBIES THREAD
  • KeithP
    KeithP Posts: 41,296 Forumite
    Part of the Furniture 10,000 Posts Name Dropper
    ranaboy said:
    Good afternoon,
    I am in the process of filling out form N180. At question E1 when requesting a county court location, I would like to request a court close to my home address.
     Is it appropriate to site a case management directive ?
     for example;  CPR 26.2A (3)
    No need for that detail.
    Just state the name of your local court and say "it's nearest to my home" or "it's nearest to my workplace".
  • ranaboy
    ranaboy Posts: 36 Forumite
    10 Posts Name Dropper
    Thankyou KeithP and Coupon-mad. I have amended my directions questionaire. With the current planned postal strikes. I think I am going to send to the CCBC by courier and to the claimant by email.
  • KeithP
    KeithP Posts: 41,296 Forumite
    Part of the Furniture 10,000 Posts Name Dropper
    ranaboy said:
    With the current planned postal strikes. I think I am going to send to the CCBC by courier...
    What???

    What is wrong with the guidance in the template Defence thread?

    Remember that checklist you were following when you filed your Defence?

    Items 9 and 10 on that list are...

    The rest of that list might also be useful.
  • ranaboy
    ranaboy Posts: 36 Forumite
    10 Posts Name Dropper
    Good afternoon,
    I have found the help of this forum valuable and helpful, thankyou. after holding my breath a bit during postal strikes and contacting the ccbc, I was able to send the DQ by email.
    I have now received notice of small claims and a letter from bw legal which I include below.
    I do not have any documents/photo evidence as the carpark has not existed for some time.
    I include below the basis of my defence as posted on this thread previously and emailed to the ccbc; and would like to ask if I should refer to any thing else or expand this defence to be sent to the court before the hearing.


    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.


  • ranaboy
    ranaboy Posts: 36 Forumite
    10 Posts Name Dropper
    letter from bwlegal
  • ranaboy
    ranaboy Posts: 36 Forumite
    10 Posts Name Dropper
    letter from bwlegal
  • ranaboy
    ranaboy Posts: 36 Forumite
    10 Posts Name Dropper
    court letter
  • ranaboy
    ranaboy Posts: 36 Forumite
    10 Posts Name Dropper
    court letter
  • Coupon-mad
    Coupon-mad Posts: 155,731 Forumite
    Part of the Furniture 10,000 Posts Name Dropper Photogenic
    ranaboy said:
    Good afternoon,
    I have found the help of this forum valuable and helpful, thankyou. after holding my breath a bit during postal strikes and contacting the ccbc, I was able to send the DQ by email.
    I have now received notice of small claims and a letter from bw legal which I include below.

    I do not have any documents/photo evidence as the carpark has not existed for some time.

    I include below the basis of my defence as posted on this thread previously and emailed to the ccbc; and would like to ask if I should refer to any thing else or expand this defence to be sent to the court before the hearing.


    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.


     
    OK so you used our template defence and now must submit your WS and evidence in time (see the hearing letter deadline).

    Latest good example WS bundles are by @aphex007 and @SJRRJS on their threads.
    PRIVATE 'PCN'? DON'T PAY BUT DON'T IGNORE IT (except N.Ireland).
    CLICK at the top or bottom of any page where it says:
    Home»Motoring»Parking Tickets Fines & Parking - read the NEWBIES THREAD
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