I paid on Pay by Phone app but have received Court Papers

B789

What "defence form" they have sent? You do your AoS on the MCOL website and then you will use the defence template, modifying paras #2 and #3. You will "send" it by email as a PDF attachment to the CCBC within the deadline as advised.

This is an example of the defence template you should be using in any UKPC/DCB Legal claim:

https://www.dropbox.com/s/5r7vbqttho3q948/2023 defence.pdf?dl=0

Coupon-mad

You do still need to read the 2nd post of the NEWBIES sticky and also read the Template Defence sticky, which has the first 12 steps and CCBCAQ email.

Boat_to_Bolivia

Good evening @Jillski.

How did you get on writing your defence?

KeithP

and just to expand on BtoB's point...

Have you filed an Acknowledgment of Service yet?

Jillski

Thank you for your help so far. 

I have completed the acknowledgement of service and am trying to prepare my defence.  Using the suggested template and in reply to No.3 I have written:

'Using the Pay by Phone App, the Defendant paid a total of £2.10 to park in the Regent Circus Leisure, Victoria Road, Swindon.  Unbeknown to the Defendant the payment was registered to a car park in Sheffield (2313 Hereford Street).  There was no intention to avoid payment'.

Is this sufficient information?  I have a copy of a receipt from Pay by Phone showing all the details but understand no  attachments should be sent.

Umkomaas

Unbeknown to the Defendant the payment was registered to a car park in Sheffield (2313 Hereford Street).  There was no intention to avoid payment'.

Does UKPC know that?  Do the Particulars of Claim (POC) mention that?  It is the POC details against which you are defending. Placing that sentence in your Defence is a tacit admission that you did not pay to park in Swindon - 'guilty as charged'! Leave it out. 

I have a copy of a receipt from Pay by Phone showing all the details but understand no  attachments should be sent.

Does the receipt show that it was payment explicitly for the Sheffield car park, or is it a more general receipt?  You don't attach that to any part of your Defence, it will come later (if at all). 

Jillski

Thanks for your reply. 

There's no receipt given at the time of paying by phone and I only knew that my payment hadn't registered when I saw the ticket inspector issuing the ticket.  As he could find no record of my payment I searched the Pay by Phone App and discovered that I had paid for a car park in Sheffield, a place I've never been too.  

B789

Jillski said:

Thanks for your reply. 

There's no receipt given at the time of paying by phone and I only knew that my payment hadn't registered when I saw the ticket inspector issuing the ticket.  As he could find no record of my payment I searched the Pay by Phone App and discovered that I had paid for a car park in Sheffield, a place I've never been too.  

Yes... but what do the actual PoC on the claim actually accuse you of...? Go and re-read it. You are answering those specific points only in your defence. Do not fall into the trap of giving away anything more than you need to as it will just be doing the Claimants job for them. Do you really want to assist them in extorting money from you?

Jillski

OK, thanks I understand.

Coupon-mad

I agree with the others.  Just say you paid as your para 3 and put the Claimant to strict proof that you didn't.