Help Needed! Please can I get some feedback on my defence.

Skysurfer69

Wow! I'm gobsmacked, thanks so much for that. I would never have been able to come up with the extra paragraphs. 

Rather than edit the original post, I'll put my para 2 and 3 entries here and get your thoughts. 

2.   It is admitted that the Defendant was the registered keeper of the vehicle in question however, given that the event allegedly occurred more than 5 years ago, the identity of the driver is not known. No photographic evidence to the driver’s identity or any breach has been established by the Claimant.

3.   The Defendant acknowledges that the location in question is recognised as a local retail park but is not able to confirm or deny parking there. No breach is stated on the Particulars, which are embarrassing. 

Coupon-mad

...but the Defendant is not able to confirm or deny parking there.  No breach is stated on the Particulars, which are embarrassing.

Skysurfer69

Coupon-mad said:

...but the Defendant is not able to confirm or deny parking there.  No breach is stated on the Particulars, which are embarrassing.

Ah, I see! I thought that was just a personal aside from you

Coupon-mad

Not at all - and the word 'embarrassing' has a meaning you may not have known:

https://law.stackexchange.com/questions/28492/legal-meaning-of-embarrassing

As it says there, the definition in Bullen and Leake (ed. Jacob LJ) is that an embarrassing pleading is “one which is ambiguous or unintelligible [...] which may involve expenses, trouble and delay and thus will prejudice the fair trial of the action...” 

Skysurfer69

Coupon-mad said:

...but the Defendant is not able to confirm or deny parking there.  No breach is stated on the Particulars, which are embarrassing.

Hey Coupon-mad with these changes applied to my defence, does that mean i'm ready to start reading bargepoles post and submit according to KeithP's guidance?

KeithP

Yes, you are not the first person to receive a second identical Claim Form.

Yesterday I wrote on another thread...

KeithP said:

If it's just a second copy of exactly the same Claim Form then, other than possible confusion, I cannot see what harm can be done.

Maybe a phone call on Monday to the County Court Business Centre - number on the Claim Form - to express your concerns would be a good idea.

Skysurfer69

Okay! Defence has now been filed and I'm now waiting on the Directions Questionnaire.

Quick point/question to make as I've searched and not found the answer nor the thread referenced by many.

For the new N180 form, I'm assuming I should answer "Yes" to D1 and hope for an Oral hearing?

B789

Skysurfer69 said:

Okay! Defence has now been filed and I'm now waiting on the Directions Questionnaire.

Quick point/question to make as I've searched and not found the answer nor the thread referenced by many.

For the new N180 form, I'm assuming I should answer "Yes" to D1 and hope for an Oral hearing?

Absolutely NOT!!! Read this post for advice:

https://forums.moneysavingexpert.com/discussion/comment/79482348/#Comment_79482348

Umkomaas

Skysurfer69 said:

Okay! Defence has now been filed and I'm now waiting on the Directions Questionnaire.

Quick point/question to make as I've searched and not found the answer nor the thread referenced by many.

For the new N180 form, I'm assuming I should answer "Yes" to D1 and hope for an Oral hearing?

Did you add the template defence additional paragraphs to the two you've shown us above, plus @Coupon-mad's suggestions?  Did you email it to the CCBC as a pdf file?

Skysurfer69

B789 said:

Absolutely NOT!!! Read this post for advice:

https://forums.moneysavingexpert.com/discussion/comment/79482348/#Comment_79482348

Phew, glad I checked, thanks!