County court claim form,

KeithP

EdKing said:

KeithP said:

EdKing said:

Dear Keith, one claim for for four  PCN's then an identical claim to my father who was the registered keeper of a vehicle I owned but at a slightly later date. AOS yes done yesterday, issue date is 18th Nov.  thank you for the message. 

So you have one Claim covering four PCNs, and your father has another Claim. Is that right?

Let's keep this simple.
I would suggest that you use this thread for your one Claim covering those four PCNs and you start another thread about your father's problem. In that thread you will need to be more explicit about the RK/owner/driver difference.

So let's concentrate here on your Claim covering four PCNs...

With a Claim Issue Date of 18th November, and having filed an Acknowledgment of Service on 21st November, you have until 4pm on Friday 16th December 2022 to file your Defence.

That's almost four weeks away. Plenty of time to produce a Defence, but please don't leave 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'.

thank you Keith I have done all that, re your MCOL does that mean I should not use the defense section there. ? or I can but I should post also? 

Please read it again.

What does this say?...

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'.

I am always open to improvements. Please suggest how those two sentences can be made clearer.

And there is no letter 's' in the word defence.  

Mouse007

To me that appears a bit wordy, perhaps these will be of interest;

My Son's defence

My Son's Witness Statement

The Witness Statement comes much much later but I include it to show how one follows the other.

EdKing

Mouse007 said:

To me that appears a bit wordy, perhaps these will be of interest;

My Son's defence

My Son's Witness Statement

The Witness Statement comes much much later but I include it to show how one follows the other.

much appreciated will get into these first thing ( thank you) 

Mouse007

Next time I won’t bother with

4, 5, 6 ,7 , and 10, 11, 12, 13

of the Defence.

Point 3 was enough to expand upon all that in the Witness Statement. My son had the contractual right to park there full stop.

Your defence just needs to be simple and to the point - but must include anything you need to rely upon later.

What right did you have to park outside your property? Have you seen this?

Fruitcake

I agree, it's far too wordy, much of it would be better placed in the WS, abuse of process is no longer used but instead is referred to as double recovery and in any case is already included elsewhere in the template.

Para 2 just needs to be something like admitting that the defendant was the keeper and driver at the material time, but liability is denied.

Para 3 needs to focus on the resident's leasehold/ownership, the right to quiet enjoyment, primacy of contract, and no mention of having to comply with parking restrictions imposed by an unregulated private parking company that was not a party to your lease and therefore a stranger to the contract.

The fact that there is no mention of parking in your leasehold contract must be included.

Mouse007

Perhaps reflect upon this hypothetical question to the Judge

Sir, how would you react to a rogue local estate agent conspiring with a private parking company to regulating parking on your drive? Overnight they sneak in and hide signs behind your rhododendron bush and on the side of your garage. By sunrise you find a PCN for breaching the terms and conditions on the signs.

If you tell me that you would pay up I know exactly what my next businesses model is going to be and you will be my very first customer (victim) along with every one else likely to end up in front of you in court - all your neighbours.

What is the substance of your defence? Did you have the right to park?

Le_Kirk

I the defendant have correspondence from the building managing company confirming that no contract ......... 

All defences are written in the third person, therefore "the defendant" not "I"

EdKing

Dear all lots of good advice some of which made me smile which is much needed, I greatly appreciate it. The document 'my sons defence' looks good and relevant to me ( not that I am qualified) is there a reason I cannot use this in large part but of course adding my specific case details ? and taking on board the advice noted above. would that make sense ? 

thank you all Ed 

Mouse007

EdKing said:

Dear all lots of good advice some of which made me smile which is much needed, I greatly appreciate it. The document 'my sons defence' looks good and relevant to me ( not that I am qualified) is there a reason I cannot use this in large part but of course adding my specific case details ? and taking on board the advice noted above. would that make sense ? 

thank you all Ed 

No reason at all, quite the opposite - use it. Don't think about doing anything else, just use it.

My son’s defence from point 14 onwards was copied verbatim from the template defence in the sticky announcement thread “Template defence to adapt for all parking cases where they add false admin costs - edited March 2022". Not one word was changed. This thread contains everything you need to know and what to do. Read that thread carefully, copy the template to a word document and edit it to look like my son's one.

Your defence points ( 2 and 3) need to be short and to the point - no explanation or evidence required at this stage. All must be in the third party the Defendant did, the Defendants car was ... No I did or my car was.

Number each paragraph, do not split these into 2.1, 2.2, 2.3 etc

Post your points 2 and 3 here for comments (please do not post the rest of the defence, we all know what that says and do not need to read it again)

Mouse007

EdKing said:

I was advised when buying it came with parking. I can't find this in the lease document

What does your lease say about common areas? Use or access to.

Read points 30 to 36 in my son's witness statement. His lease was silent about parking, access to common areas gave him the right to park.