County Court Business Centre, AOS (CHECK) - now writing my defence - PLEASE HELP!

Jelly_bean30

Hello,

So I've written out my defence and now I want to know how to attach the photographic evidence I have. I've used the 2023 defence template and I'm happy to share my defence for anyone who might feel happy to critique it. Also where the heck do I send my defence onto once it's complete??

Jelly_bean30

Here's my defence...

The defendant has worked at the BLANK Hospital within maternity for 9 years where they regularly have to provide high risk care to mothers and babies and often have to work within the obstetric operating theatre. The defendant during this time also worked full-time as a student midwife during the Covid-19 pandemic risking contracting this disease themselves to provide care to patients when the claimant had promised to provide free parking to all staff and patients of the hospital. The defendant admits to paying later for parking on several occasions but always did pay for the time they would be parked for when as soon as they had the opportunity - it was not always possible for the defendant to pay straight away as they were involved in obstetric emergency situations where their full attention was required. The defendant has photographic evidence of paying for their full parking time as they always paid via the ‘PayByPhone’ application. The defendant’s parking signs within the car park are unlit by there own personal light and lit up poorly by street parking which during any darkness does not give off sufficient luminosity to read how long before a user of the car park must pay once parked. The defendant has photographic evidence of this. The signs are also blocked by bushes that refrain any users of the car park from getting close to the signs to read them. The bushes are often left unmaintained that block anyone from reading the signs. The defendant has photographic evidence of this. Due to this the defendant was unaware that there may be a time limit by where they had to pay for parking as could not read the signs so they paid for parking once they were clinically able to do so. The defendant has worked as a full-time Registered Midwife at this hospital since April 11th 2022 and now pays for a car parking permit directly out of their monthly salary on a rolling contract. In 2022 the Postal Stikes affected staff receiving their new permits in the post so existing permits were extended until 31st January 2023. The defendant had still not received their permit at this time. The defendant is unsure of when their permit did arrive but was paying for a permit and the defendant has evidence of this through their monthly payslip.

KeithP

Nothing gets filed with a Defence. Evidence comes later.

Are you not following the guidance in the opening post of the Template Defence thread?

Jelly_bean30

Okay, thank you. I am trying to but it can get a bit confusing.

Le_Kirk

There are 12 steps, just follow them sequentially, that should remove the confusion.

KeithP

Jelly_bean30 said:

Okay, thank you. I am trying to but it can get a bit confusing.

Sorry, I don't understand.

You asked "where the heck do I send my defence onto once it's complete?"

In the opening post of the Template Defence thread is states...

Please tell us which part is confusing you as we are always looking for ways to improve the guidance.

KeithP

Having now seen your proposed Defence (above), it appears that you have not yet looked at the second post on that Template Defence thread.
In that second post of the Template Defence thread you will find a Defence already written for you. All you have to do is write a few words for paragraphs 2 and 3.

Coupon-mad

Jelly_bean30 said:

Here's my defence...

The defendant has worked at the BLANK Hospital within maternity for 9 years where they regularly have to provide high risk care to mothers and babies and often have to work within the obstetric operating theatre. The defendant during this time also worked full-time as a student midwife during the Covid-19 pandemic risking contracting this disease themselves to provide care to patients when the claimant had promised to provide free parking to all staff and patients of the hospital. The defendant admits to paying later for parking on several occasions but always did pay for the time they would be parked for when as soon as they had the opportunity - it was not always possible for the defendant to pay straight away as they were involved in obstetric emergency situations where their full attention was required. The defendant has photographic evidence of paying for their full parking time as they always paid via the ‘PayByPhone’ application. The defendant’s parking signs within the car park are unlit by there own personal light and lit up poorly by street parking which during any darkness does not give off sufficient luminosity to read how long before a user of the car park must pay once parked. The defendant has photographic evidence of this. The signs are also blocked by bushes that refrain any users of the car park from getting close to the signs to read them. The bushes are often left unmaintained that block anyone from reading the signs. The defendant has photographic evidence of this. Due to this the defendant was unaware that there may be a time limit by where they had to pay for parking as could not read the signs so they paid for parking once they were clinically able to do so. The defendant has worked as a full-time Registered Midwife at this hospital since April 11th 2022 and now pays for a car parking permit directly out of their monthly salary on a rolling contract. In 2022 the Postal Stikes affected staff receiving their new permits in the post so existing permits were extended until 31st January 2023. The defendant had still not received their permit at this time. The defendant is unsure of when their permit did arrive but was paying for a permit and the defendant has evidence of this through their monthly payslip.

The above isn't based on our Template Defence.  Not sure why you aren't following the clear and simple info about how to defend a court claim, in the 2nd post of the NEWBIES thread? No-one here is expected to write their entire defence as a story and nothing gets attached yet.

Slow down, start again & use our resources.

Jelly_bean30

I have used the Defence template from Page 1 of the below thread...

Template defence to adapt for all parking cases with added 'admin/DRA' costs - edited 31st July 2023

What I have posted above is what I will be putting in paragraph 3 of the defence template.

KeithP

Just one point from that Defence...
"The defendant’s parking signs within the car park..."
Surely any signs in the car park are the Claimant's.

Coupon-mad

Which PPC?

Which solicitor?

What do the Particulars of Claim say?

Change 'refrains' to 'prevents' and remove this phrase:

"admits to paying later for parking on several occasions but"