Defence Template Feedback

nhussa22

Hi. Only 2 paragraphs as follows. To note:

- the address given on the claim form is spelt slightly wrong and only states the street name and number. It doesn't contain the city or postcode. When I google the address as on the claim form, it brings up another city. Also, when I type in the actual address for which I think where the incident took place, it comes up with a neighbouring property and not the exact place of the incident.
- the POC doesn't state the time of the said incident, although it states the address (which is wrong), the date and the specific wording of the breach.

Any thoughts on these 2 points?

I have to submit it tomorrow. Apologies for asking last minute! 

The facts known to the Defendant:

2. 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 but doesn’t know who was driving.

3. The defendant has not received any correspondence with evidence of the POC. The only correspondence received from the Claimant was a Letter Before Claim dated 4th September 2023.

JerryJ64

Show us exactly what the PoC say on your claim form. Just redact the PCN number and car reg. If you show a scan or photo of the whole form, redact your name and address, the claim number and the MCOL password.

What is the "issue date" of your claim form and have you done the AoS yet?

Does the address on the claom form match the address on the PCN/NtK?

nhussa22

JerryJ64 said:

Show us exactly what the PoC say on your claim form. Just redact the PCN number and car reg. If you show a scan or photo of the whole form, redact your name and address, the claim number and the MCOL password.

What is the "issue date" of your claim form and have you done the AoS yet?

Does the address on the claom form match the address on the PCN/NtK?

The issue date of the claim form is 28 November. I did the AoS on 6 December.

I can't recall if I got a PCN on my windscreen at the time. I certainly don't have it now.

This is the PoC taken from the claim form.

KeithP

nhussa22 said:
The issue date of the claim form is 28 November. I did the AoS on 6 December.

With a Claim Issue Date of 28th November, and having filed an Acknowledgment of Service in a timely manner, you have until 4pm on Tuesday 2nd January 2024 to file your Defence.

That's 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'.

nhussa22

KeithP said:

nhussa22 said:
The issue date of the claim form is 28 November. I did the AoS on 6 December.

With a Claim Issue Date of 28th November, and having filed an Acknowledgment of Service in a timely manner, you have until 4pm on Tuesday 2nd January 2024 to file your Defence.

That's 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'.

Oh thanks for that. I must have got my dates wrong.

Any comments on my original post, both the paragraphs as well as the 2 points I raised?

Coupon-mad

I'd add this to your paragraph 3:

The pre-action protocol was not adhered to; no copy of the contract (sign) was supplied and no attempt was made to re-issue the PCN to the correct address for service in order to avoid litigatiion. The Defendant has seen no PCN and no photographs of the alleged breach, nor evidence that the car was in fact parked and left for a period of time 'outside of bay markings' as opposed to (for example) loading, unloading or setting down a passenger.  No timings are given in the POC.  Further, the vague street address given on the claim form does not specify a town, city or postcode, nor whether this location is a car park or a private road. When the Defendant googled the address as stated on the claim form it brings up a non-local city. When the Defendant attempted to narrow the issue and searched for what may be the actual address (the Defendant being reduced to guessing where the incident relates to) it comes up with a neighbouring property/public highway and not a private location with marked bays.  The Defendant is unable to admit or deny the loosely pleaded allegation in the POC. 

nhussa22

FYI, I have today submitted my defence using the template and above edits to the CCBCAQ email address. I received an auto response within 2-3 minutes. I will keep you updated on what happens next and in the meantime, will prepare the Questionnaire.

nhussa22

UPDATE: I received the N180 Questionnaire via the post dated 10th January. The accompanying letter (from the CNBC) states that I need to return it by 29th January. Seems like a quick turnaround after what I've been reading in the guides about it taking a few months to receive it. I will use the online version and complete it. I will provide further updates if it helps.

nhussa22

UPDATE: I received a letter through the post dated 19th January from the Claimant (not their legal representative) stating that Elms Legal (their legal representative) was no longer acting on their behalf. They also offered me to settle for £195 if paid within 14 days of the letter (how cheeky!) There was also a N434 Notice of change of legal representative form attached, stating that Elms Legal had ceased to act for them and the Claimant was now acting in person.

I have today sent via email to the CCBCAQ the N180 DQ form and received an acknowledgment after 10 minutes. I have then emailed the N180 DQ form to the Claimant using the email address from their website.

KeithP

nhussa22 said:

I have today sent via email to the CCBCAQ the N180 DQ form and received an acknowledgment after 10 minutes. I have then emailed the N180 DQ form to the Claimant using the email address from their website.

It always puzzles me when people say they sent emails to multiple addressees in this way.

Not that it matters too much, but it is now easy for one addressee to claim not to have received it.

If however you had sent the one email to two addressees, then the likelihood of one receiving it and the other not, is really quite slim.

Coupon-mad

nhussa22 said:

UPDATE: I received a letter through the post dated 19th January from the Claimant (not their legal representative) stating that Elms Legal (their legal representative) was no longer acting on their behalf. They also offered me to settle for £195 if paid within 14 days of the letter (how cheeky!) There was also a N434 Notice of change of legal representative form attached, stating that Elms Legal had ceased to act for them and the Claimant was now acting in person.

As expected.

You'll have seen that on every VCS and Excel thread.  Which one is after you?