Urgent - received claim form from country court business center

Coupon-mad

I already posted to tell you NOT to email the solicitors.

Optimusf

Coupon-mad said:

I already posted to tell you NOT to email the solicitors.

Apologies that didn't show up intially when I read the message. 

I'm just on the second post, I guess I have past the SAR stage. 

As Keith has suggested, I will look at the links he has kindly provided. (I have to admit I am worried as it's alot of information to take in)

Coupon-mad

You guess wrong. If you read any other defence threads (and every other case here is exactly like yours, court claim stage...) you'd know of course you do a SAR - very useful at WS stage - but you don't wait around for the reply at defence stage.

Optimusf

Coupon-mad said:

You guess wrong. If you read any other defence threads (and every other case here is exactly like yours, court claim stage...) you'd know of course you do a SAR - very useful at WS stage - but you don't wait around for the reply at defence stage.

Yea i have been reading some cases which has been really reassuring somewhat!

I guess i didnt really acknowledge the letters so was pretty confused what step i am on! Looking at the second post i believe i am on the "If you get a court claim, don't panic, c99% of defendants here, win!".........

is it still worthwhile to request a SAR?

Coupon-mad

As I said "of course you do a SAR".

Optimusf

Apologies, im just trying to work out the plan according to the thread i misread your comment.

I will send a SAR today, in terms of the next step of i will complete the AoS and look at the templates keith have provided mounting a defence (I understand it's ok to work on defense as I don't have to wait for the SAR).

Before I send or complete anything is it ok to ask for feedback?

Thank you in advance

Coupon-mad

 As Keith has suggested, I will look at the links he has kindly provided. (I have to admit I am worried as it's alot of information to take in)

Look how easily this poster has taken our advice threads in, done the AOS (and SAR) and their first post shows us their first draft added paragraph for the defence:
https://forums.moneysavingexpert.com/discussion/6395695/pcn-at-county-court-defence-stage#latest

Honestly, it is as easy as that!

Optimusf

Coupon-mad said:

 As Keith has suggested, I will look at the links he has kindly provided. (I have to admit I am worried as it's alot of information to take in)

Look how easily this poster has taken our advice threads in, done the AOS (and SAR) and their first post shows us their first draft added paragraph for the defence:
https://forums.moneysavingexpert.com/discussion/6395695/pcn-at-county-court-defence-stage#latest

Honestly, it is as easy as that!

Thank you for providing that link - that is very reassuring! 

Optimusf

Hi,

I have drafted up the defence as per the post (https://forums.moneysavingexpert.com/discussion/6108153/suggested-template-defence-to-adapt-for-all-parking-charge-cases-where-they-add-false-admin-costs/p1) 

-----------------------------------------------------------------------------------------------

The facts as known to the Defendant:

2. It is admitted that the Defendant was the registered keeper and driver of the vehicle in question.

3.The defendant received the PCN issued on 30th August 2018 and received it on 6th September, for ‘an incident’ that took place on 26.08.2018 at the Tesco Express  [location], The defendant is appealing against the unfair decision that the car was parked in a disabled bay without clearly displaying a valid disabled badge. 

As soon as the defendant stepped into the store, someone informed the defendant that a man was taking photos of the parked car. The defendant quickly returned and moved it onto the street, which was all within 30 seconds of the car being parked. The defendant then returned to pick up the one item she went into Tesco for. The ticket was issued at 14:26 and the defendant  paid for her goods at 14:28. From the time the  photo was taken, the defendant returned to her car, moved it to a nearby street, picked up the item she needed, paid and returned to her car all within 2 mins.

The defendant is disputing the ticket because it was moved under a minute. Also because the person issuing the ticket was occupying one of the 3 parking bays which were for customers, it is felt this was a scam forcing people to park in disabled bays and issue them with a ticket with a ticket 30 seconds  of the defendant leaving the car. 

--------------------------------------------------------------------------------------------------------------------

Le_Kirk

Is this a defence or an appeal?  It reads more like a witness statement, which comes later in the process. What you need for a defence is a series of short, punchy technical/legal arguments refuting what the claimant put in their POC on the claim form.  Time of parking, time of ticket, what sort of car park (e.g. free to park for customers) plus the killer point that the photo taker was using a car paring space when NOT actually a customer of the store!  All paragraphs require a number.