letter of claim received

Rocket87

Hi
Couple days ago, I have received a claim form for a parking fine from last year .
I received 3 parking tickets last year from where live residential parking and reason was for Parked outside the confines of marked bay .
I have  received them letter 6 week later from date issued with no notice to the driver until they came through the post and I have applied each one them but no chance despite telling them when I have been given the key for the flat and one parking permit
I have ask the housing officer what about a visitor bay and she told me you can use that empty spot in the park area .
where I live we have only one parking bay and there is no parking bay for visitor nor loading and unloading bay so if you wan to load/unload you have to use somebody parking bay.  
The fee is now £480 plus £50 court fee and £50 legal costs, so £580.
I have sent the AOS yesterday but need some help 
Do I send a letter of defence using the template? What is the advice?
Thanks in advance.

KeithP

Hello and welcome.

What is the Issue Date on your Claim Form?

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

Rocket87

KeithP said:

Hello and welcome.

What is the Issue Date on your Claim Form?

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

The issue date is 23/11/23 and AOS is 30/11/23.

KeithP

Rocket87 said:

KeithP said:

Hello and welcome.

What is the Issue Date on your Claim Form?

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

The issue date is 23/11/23 and AOS is 30/11/23.

With a Claim Issue Date of 23rd November, and having filed an Acknowledgment of Service in a timely manner, you have until 4pm on Thursday 28th December 2023 to file a Defence.

That's almost 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'.

Rocket87

KeithP said:

Rocket87 said:

KeithP said:

Hello and welcome.

What is the Issue Date on your Claim Form?

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

The issue date is 23/11/23 and AOS is 30/11/23.

With a Claim Issue Date of 23rd November, and having filed an Acknowledgment of Service in a timely manner, you have until 4pm on Thursday 28th December 2023 to file a Defence.

That's almost 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'.

thank you 
I am planning to send it next week and I will keep updating in the this forum .
Do you know if there is similar case to this one ? residential parking. 

Coupon-mad

Thousands!

And at least two are linked in the NEWBIES thread - but they are old, so they exist ONLY for cribbing odd phrases from, to put as your facts paragraphs into the Template Defence.

Rocket87

Coupon-mad said:

Thousands!

And at least two are linked in the NEWBIES thread - but they are old, so they exist ONLY for cribbing odd phrases from, to put as your facts paragraphs into the Template Defence.

Hi there,
I am bit confused,
do have to write defence regarding of what happen in my case which residential car park or to defend the PoC 
as the  Claim Form doesn't state what the breach allegation is .
the PoC is "the Claim is for £300 for 3 unpaid parking charges due from the defendant following contractual breaches occurred between 06/12/2022 and 22/12/2022 on private land operated and managed by the Claimant by the driver of the vehicle mark XXXXXX.
the terms and conditions displayed at the private car park, which was lawfully occupied by the Claimant, offered the driver a contractual licence.
the terms and conditions were accepted by the driver and subsequently breached on each occasion.Despite demands,
the parking charges remain unpaid.
the Claimant also claims £180 recovery costs set out in the terms and conditions and in the ATA AoS code of practice."

 

Coupon-mad

You will not be confused when you use the resources we've already signposted you to.

Rocket87

Coupon-mad said:

You will not be confused when you use the resources we've already signposted you to.

thank you so much , you are super star .

Coupon-mad

Show us your draft words when you are ready. But not the whole Template (please spare us!).

Rocket87

Coupon-mad said:

Show us your draft words when you are ready. But not the whole Template (please spare us!).

Hi there,
this is my draft 
DEFENCE 

defence template 

images of Chan case

The facts known to the Defendant: 

4. The facts in this defence come from the Defendant's own knowledge and honest belief.  Conversely, the Claimant sets out a cut-and-paste incoherent and sparse statement of case. The POC appear to be in breach of CPR 16.4, 16PD3 and 16PD7, and fail to "state all facts necessary for the purpose of formulating a complete cause of action". The Defendant is unable, on the basis of the POC, to understand with certainty what case, allegation(s) and what heads of cost are being pursued, making it difficult to respond. However, the vehicle is recognised and it is admitted that the Defendant was the registered keeper and driver. 

 5.The Defendant is a resident of Andrews House and automatically received Parking permit for one allocated bay. 

6.The Defendant was parked in bay for exclusive use of tents of Andrews house and carver house and Somers House. The Defendant was parked in space on property of Andrews house that is not his parking bay because there is no visitor or loading or unload bay available to use and the defendant has been advised by the housing officer (landlord) to use the unmarked bay if needed. 

 

7. The defendant car was parked in underground car parking area contains allocated parking spaces demised to some residents, and a general area for residents who do not have an allocated space. Entry to the underground parking is by means of a key fob, of a type only issued to residents. Any vehicles parked therein are, therefore, de facto authorised to be there. 
 

8. The Defendant believes the Claim should be struck out at Allocation stage and should not have been accepted by the CNBC due to a represented parking firm Claimant knowingly breaching basic CPRs. 

rest of the template