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UKPC

135

Comments

  • B789
    B789 Posts: 3,441 Forumite
    Fifth Anniversary 1,000 Posts Name Dropper Photogenic
    Fiona1965 said:
    I’ve sent it. I just hope it’s ok. I didn’t know a defence was a formal thing so I just put some notes in the box that I completed online through the money claim page. I’ve done my WS as per one of the templates on here so I hope my lack of defence statement doesn’t let me down. 
    Aaargh! You may have to contact the CBCC to find out which "defence" will be used. The "notes" you entered in the box or the one you just sent in.

    You obviously missed the bit from this link in the Newbies thread:

    https://forums.moneysavingexpert.com/discussion/5546325/court-claim-procedure-updated-october-2016/p1

    Specifically:

    2. You should now Acknowledge Service of the claim, ticking the box that says you will defend in full. Do NOT put anything in the 'Defence and Counterclaim' text box, not even a full stop. By doing this, you have extended the time to submit a defence to 28 days from date of service, which is the date printed on the claim form plus 5 days. Now it's time to burn the midnight oil, and research relevant defences on these forums. Only look at recent stuff, and don't just blindly cut and paste text, you must adapt it so that it's relevant to your claim.





  • Coupon-mad
    Coupon-mad Posts: 155,731 Forumite
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    I think they did that last year so it's too late to change now.
    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
  • Fiona1965
    Fiona1965 Posts: 43 Forumite
    Sixth Anniversary 10 Posts Name Dropper Combo Breaker
    It sounds like I’ve done it all wrong. 
    On the moneyclaim website I had no idea what I had to do and when there was a small box that said fill in defence I literally put some notes. 
    Will only that be used, will my WS not be used?
  • Coupon-mad
    Coupon-mad Posts: 155,731 Forumite
    Part of the Furniture 10,000 Posts Name Dropper Photogenic
    Fiona1965 said:
    It sounds like I’ve done it all wrong. 
    On the moneyclaim website I had no idea what I had to do and when there was a small box that said fill in defence I literally put some notes. 
    Will only that be used, will my WS not be used?
    No, I already answered that.
    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
  • Fiona1965
    Fiona1965 Posts: 43 Forumite
    Sixth Anniversary 10 Posts Name Dropper Combo Breaker
    Fiona1965 said:
    It sounds like I’ve done it all wrong. 
    On the moneyclaim website I had no idea what I had to do and when there was a small box that said fill in defence I literally put some notes. 
    Will only that be used, will my WS not be used?
    No, I already answered that.
    Sorry I was replying to @B789 as they suggested I contact the court to see if my WS can be used as a defence. 

    I was hoping that I could go in with my WS where I have clearly documented everything. 


  • Coupon-mad
    Coupon-mad Posts: 155,731 Forumite
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    edited 23 March 2023 at 9:16PM
    A WS and a defence are not the same thing and you can't change the defence.

    No point contacting the court.  Just attend the hearing with copies of everything, like I said already.
    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
  • B789
    B789 Posts: 3,441 Forumite
    Fifth Anniversary 1,000 Posts Name Dropper Photogenic
    Fiona1965 said:
    Fiona1965 said:
    It sounds like I’ve done it all wrong. 
    On the moneyclaim website I had no idea what I had to do and when there was a small box that said fill in defence I literally put some notes. 
    Will only that be used, will my WS not be used?
    No, I already answered that.
    Sorry I was replying to @B789 as they suggested I contact the court to see if my WS can be used as a defence. 

    I was hoping that I could go in with my WS where I have clearly documented everything. 
    My bad. I thought you were filing your defence, not your WS. As @Coupon-mad says, you will be OK.
  • Fiona1965
    Fiona1965 Posts: 43 Forumite
    Sixth Anniversary 10 Posts Name Dropper Combo Breaker
    So Monday is my day in court. I think I would have heard by now if they were going to discontinue. 

    Any advice in what to expect?
  • Fiona1965
    Fiona1965 Posts: 43 Forumite
    Sixth Anniversary 10 Posts Name Dropper Combo Breaker
    Does anyone know who will be at the hearing? Will it be the paralegal that wrote the witness statement, because he wasn’t a witness. 
  • KeithP
    KeithP Posts: 41,296 Forumite
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    edited 24 March 2023 at 9:33PM
    Fiona1965 said:
    Does anyone know who will be at the hearing? Will it be the paralegal that wrote the witness statement, because he wasn’t a witness. 
    It definitely won't be that paralegal - they want to protect themselves from cross-examination.
    Most likely it will be a freelance paralegal hired just for your case. He/she will probably only get the details of your case the day before the hearing.
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