Fluttering ticket parking fine

ParkingScum

Will do thank you. I’m at the stage now where I’m happy to just go to court. All this ‘last chance to pay us crap’ is just dragging things out.

ParkingScum

So despite still being within my 30 days ‘seeking debt advice’ breathing space Elms have started court proceedings. This might help me in court to be honest as they are not following the process. Anyway some questions…and thank you in advance.

1. Is my responsibility to send a copy of my defence to the claimant or does the court do that?

2. When do I write my witness statement? Does that have to be filed with the court? There are no options at present to write one.

3. If I quote the ‘consumer rights act 2015’ do I need to print a copy out of the act for the judge? Likewise if I quote a court case do I need to print the full transcript for the judge?

4. Defence main points for fluttering ticket:

Signs substandard

No authority to issue tickets supplied

Consumer rights Act: unfair contract, frustration of contract, disproportionally high sum in compensation 

Abuse of process - attempt at double recovery

Anything else I can add?

I just want to keep this defence short, to the point and simple. I’m not a solicitor, they know I’m not a solicitor.

Thank you as always.

Coupon-mad

All the 'what happens when' advice is in the NEWBIES thread under a red heading.  The CCBC sends the defence to the C's legals.

NOTHING is attached at this easy stage.

I just want to keep this defence short, to the point and simple.

Please don't make that mistake.

This is why we have a template defence, to stop people doing the above and to make it dead easy for everyone to add your simple facts to para 3, whilst ensuring that you also tell the Judge about the DLUHC analysis about these enhanced claims (which the Template Defence already covers).

What's the Date of Issue, top right of the claim?

ParkingScum

Date of issue is the 1st August 2023. I’ve completed my acknowledgement of service online which gives me 28 days from more or less now to file my defence. 

ParkingScum

@Coupon-mad thanks I’ve copied the template defence and yes it covers most of what I want to say anyway.

Coupon-mad

ParkingScum said:

Date of issue is the 1st August 2023. I’ve completed my acknowledgement of service online which gives me 28 days from more or less now to file my defence. 

What's the Date of Issue, top right of the claim?

Doing the AOS doesn't give you +28 days do you'd be better off telling us the date, so KeithP can give you a firm deadline.

ParkingScum

Date of issue is 1st August 2023

YankeeBrit

You should really complete your AoS online between day 5 and day 14 from the "issue date". Submitting it earlier actually gives you slightly less time to file your defence.  If you filed your AoS less than 5 days after the "issue date" then count 28 days from that date and unless that falls on a weekend/bank holiday, that is the date your defence must be submitted by. Otherwise, 4 pm the next business day after that. @KeithP will confirm otherwise.

KeithP

ParkingScum said:

Date of issue is the 1st August 2023. I’ve completed my acknowledgement of service online which gives me 28 days from more or less now to file my defence. 

I am going to assume that 'more or less now' means you filed an Acknowledgment of Service today.
Please confirm. Anything else may mean the following information is wrong.

With a Claim Issue Date of 1st August, and having filed an Acknowledgment of Service in a timely manner, you have until 4pm on Monday 4th September 2023 to file your Defence.

That's over 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'.

ParkingScum

Yes acknowledgement of service was completed today online. And yes I’ve read in the newbies thread about posting your defence via tracked royal mail. I did however before this chat look at the section on defence online and saved an empty document nothing written down as of yet. Not sure if this will register my defence online, don’t think it would as I haven't typed anything. Thank you for your responces.