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County Court Claim form defence

Hi, ive read the newbies thread and used the defence template and changed the 3rd paragraph to include the x vs chen i saw on the advice.

In the next part in the explanation, would you say this is okay?

The defendant had booked a one week swimming session for the defendants 4 year old daughter over the half term holidays for the sum of £5.00. The defendant parked in the car park Mon-Thurs, however the claimant is accusing the defendant of not entering their registration plate into the system on Thursday.

The claimant is unable to provide CCTV evidence or supporting evidence that an attempt to enter the car registration was not made, or any evidence to confirm the system had not malfunctioned and the defendants registration plate had been omitted entry.

Evidence of swimming lessons had been sent to the claimant to confirm the reasonable use of the swimming baths car park but this was not recognised. No losses occurred by using the swimming baths as the car park is free to users and there is no charge for parking. It may be worthy to note that the swimming baths has now gone out of business, and the absurd parking charges related to their free car park has contributed to this as well as other factors.


is this okay?

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Comments

  • Who is the claimant and solicitor (if applicable)?
  • Le_Kirk
    Le_Kirk Posts: 21,945
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    What does it state on the claim form in the POC is the reason for the claim?  Do they actually accuse you of something specific or is it just a generic "breached the terms" of parking?  If the POC are sparse, you use the CEL v Chan but if they go into detail, you need to have a (slightly) different defence.
  • Coupon-mad
    Coupon-mad Posts: 129,388
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    edited 21 November 2023 at 1:40PM
    You should remove this sentence:

    No losses occurred by using the swimming baths as the car park is free to users and there is no charge for parking.


    PRIVATE 'PCN'? DON'T PAY BUT DON'T IGNORE IT (except N.Ireland).
    CLICK at the top of this/any page where it says:
    Forum Home»Motoring»Parking Tickets Fines & Parking - read the NEWBIES THREAD
  • MissA123 said:
    Hi, ive read the newbies thread and used the defence template and changed the 3rd paragraph to include the x vs chen i saw on the advice.

    In the next part in the explanation, would you say this is okay?

    The defendant had booked a one week swimming session for the defendants 4 year old daughter over the half term holidays for the sum of £5.00. The defendant parked in the car park Mon-Thurs, however the claimant is accusing the defendant of not entering their registration plate into the system on Thursday.

    The claimant is unable to provide CCTV evidence or supporting evidence that an attempt to enter the car registration was not made, or any evidence to confirm the system had not malfunctioned and the defendants registration plate had been omitted entry.

    Evidence of swimming lessons had been sent to the claimant to confirm the reasonable use of the swimming baths car park but this was not recognised. No losses occurred by using the swimming baths as the car park is free to users and there is no charge for parking. It may be worthy to note that the swimming baths has now gone out of business, and the absurd parking charges related to their free car park has contributed to this as well as other factors.


    is this okay?

    No it's not OK. What do the PoC state? If they only state that "The terms were breached" without specifying which terms, you need to remove all the War & Peace story you have shown us. You save the story for your WS if it ever gets that far.
  • You should remove this sentence:

    No losses occurred by using the swimming baths as the car park is free to users and there is no charge for parking.


    Is the rest okay to keep in or do i just cut it?
  • Coupon-mad
    Coupon-mad Posts: 129,388
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    edited 21 November 2023 at 4:51PM
    Your PoC without the PCN & VRM:


    No you need to slow down. It's not ready.

    I wish I could search the forum for 'payment due date defence' because I wrote a defence this month about that being premature.

    I think your Claimant is Civil Enforcement ltd (am  I right?) and you could almost copy one written this month.  You will have to trawl back looking at thread titles for CEL claims, as the search function is currently broken.

    PRIVATE 'PCN'? DON'T PAY BUT DON'T IGNORE IT (except N.Ireland).
    CLICK at the top of this/any page where it says:
    Forum Home»Motoring»Parking Tickets Fines & Parking - read the NEWBIES THREAD
  • KeithP
    KeithP Posts: 37,112
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    What is the Issue Date on your County Court Claim Form?

    Have you filed an Acknowledgment of Service?
    If so, upon what date did you do so?
    Your MCOL Claim History will have the definitive answer to that.
  • Le_Kirk
    Le_Kirk Posts: 21,945
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    You have left your VRM visible on that POC, however,  you can use CEL v Chan, as they are sparse. 
  • Castle
    Castle Posts: 4,063
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    edited 21 November 2023 at 4:58PM
    Your PoC without the PCN & VRM:


    No you need to slow down. It's not ready.

    I wish I could search the forum for 'payment due date defence' because I wrote a defence this month about that being premature.

    I think your Claimant is Civil Enforcement ltd (am  I right?) and you could almost copy one written this month.  You will have to trawl back looking at thread titles for CEL claims, as the search function is currently broken.

    I think this is the one:-
    Civil Enforcement Ltd issued court proceedings - Page 2 — MoneySavingExpert Forum

    AND OP
    You have left your VRM and PCN reference showing, (and maybe an location).
  • Hey thanks ive deleted my pic and will stick with the kindly edited one ✌️. Ive just checked that thread, i presume i remove all the info about disabilities and not knowing who the driver is? Do i mention anything about my circumstance? 
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