Help needed to add to a defence

cmzmse

Hi, How should I employ forbidden signage in my defence

I have 2 weeks left to submit

Signage: http[x]s://imgur.com/a/kObJUB9 (remove [x])

KeithP

Hello and welcome.
I can see that the Claimant is PCM(UK) Ptd.
Can you please tell us a little more about your parking incident?

What is the Issue Date on your County Court Claim Form?

Upon what date did you file an Acknowledgment of Service?
Your MCOL Claim History will have the definitive answer to that.

cmzmse

http{x]s://imgur.com/a/zBPkb9g  please refer to this image and you will see currently how faded the signage is and that there is no bays, no maintenance, etc

It also includes the PCN which was placed on my car, if you can find any inaccuracies that would be helpful

cmzmse

The claim suggests the driver 'breach the contract at Peare road- hp5' HOWEVER this land is not Pearce Road. <- how could i approach this

Coupon-mad

cmzmse said:

The claim suggests the driver 'breach the contract at Peare road- hp5' HOWEVER this land is not Pearce Road. <- how could i approach this

That's a typo so it's splitting hairs and I wouldn't mention it except to correct the typo.

 However I am leaving the country

Holiday, not permanently?

Your defence needs to add IPC Code of Practice 'no grace period'.

Who are PCM(UK) using as the solicitor?

cmzmse

Gladstones. That is my typo

Coupon-mad

Oh - if you mean it's not Pearce Rd at all - then you can deny in paragraph 2 that the vehicle was parked in Pearce Road HP5.

KeithP

cmzmse said:

20th June, I filed my AOS on the 26th and I have until the 26th to reply.

With a Claim Issue Date of 20th June, and having filed an Acknowledgment of Service in a timely manner, you have until 4pm on Monday 24th July 2023 to file your Defence.

That's over two 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'.

cmzmse said:

However I am leaving the country and would like to send this off in 2 weeks time.

How long are you going to be away for? Days? Weeks? Months? Or years perhaps?

cmzmse

Only 2 weeks but any communication with the court will come my way. I don’t plan on missing the defence lol dw. Just need help with writing it up and if forbidden signage is actually a viable talking point in my defence 

KeithP

cmzmse said:

Only 2 weeks but any communication with the court will come my way. I don’t plan on missing the defence lol dw. Just need help with writing it up and if forbidden signage is actually a viable talking point in my defence 

Forbidden signage or forbidding signage?

Either way, you will see that the template Defence already covers that.

Coupon-mad

Not a silver bullet.  All signs differ.   I dislike it as a defence point...IMHO people over-use it in cases where the signs aren't incapable of forming a contract.

Include a brief point about but but I already advised you what to add that's a better point IMHO.