Court claim form

Debszzzz2

justfedup23 said:

I am sooo sorry if you think i am not reading your answers...i am reading all the answers but that doesn't mean i am taking it in and understanding it all.  I have done the first letter and posted it off but i was just worried in case i should inform the court too.  i keep going backwards and forwards and reading and reading. Thank you for your guidance it is much appreciated.  I just imagine that the parking company claimants will just go tough its gone to court already even after reading my letter.

Why have you "posted" your defence? Did you go to a post office and obtain a free "proof of posting" certificate?

Have you read the Newbies/FAQ thread... the bit where it tells you to email your defence as a PDF attachment to ccbcaq@justice.gov.uk?

justfedup23

well i can do that too yes?

justfedup23

Thank you so very much for the prompt, i re read all the post again and have now sent it by email as suggested.  I have received the confirmation.  There is a back log of ten days.  I guess i can only wait.   Thank you all !!!

justfedup23

no updates as yet.

justfedup23

update update update.  I have already sent my defense to the claimant in error but it wont be a shock when the court sends the defence to them too.  Can i update you at the next step please?
Thank you

justfedup23

Update Update Update.  Hope that you are all still out there.  Received this today and read it through,and it is as clear as mud. Any assistance and advice would be gratefully appreciated. Thank you

nopcns

It is all explained in the 12 point checklist that you are supposed to be following. It is in the first post of the template defence thread.

In the meantime, you can study all the flaws in their reposes to the defence and make sure you use it against them when the time comes to submit your WS.

For now, you are waiting for your own N180 DQ form. What you have received is a copy of the claimants form which you can file away.

justfedup23

This was my first letter.

Thank you nopcns.  Can i say that all this legal stuff does not compute in my head. In regards to all the flaws in their responses again how would i know they are flaws.  I will re read the 12 point checklist again and again.  Thank you for responding so quickly. 

nopcns

justfedup23 said:

In regards to all the flaws in their responses again how would i know they are flaws. 

They have listed each of your defence points and their rebuttals underneath each one. Have a read and see where they have either not responded properly, been mendacious or outright failed to understand the defence.

An example: 2.5 where they embarrassingly show their ignorance of the CPRs and PDs and blatantly refute that they have "accurately specified the details of the claim". I'm not sure if you included the CEL v Chan judgement as a preliminary matter in your defence but they appear to be oblivious to that appeal judgment which is persuasive and are probably in for a spanking if they include that bovine excrement of an excuse in their WS.

Trainerman

What is not clear?

The claimant is making a point-by-point rebuttal of your defence, in part based on their assertation that you have used a generic internet available defence " in order to avoid paying PCNs" . Translation of this snide peace of prose is that the bad bad defendant is trying to get out of it, rather than having an honest actual point of disagreement.

A lot of this stuff is utter tosh, and you should settle down and see where the 'spin' lies and how you will subsequently answer these points.

As a starter, to my mind much of the 2.11 and 2.12 sections are wrong about terms and saying that the CRA does not apply here. Is car parking not a 'service' ???  Have a read of the CRA and see what you think.

Once you can see where they have been 'economical with the truth', you will see the answers.