Small County court defence template - Private Parking ticket

Raja24

Hi, 

I need to file a defence against small county court claim by private parking fine company. I followed the steps to file my intention to defend on 21st February. It's been more than 28 days so it's race against time for me. Can someone please share a link to defence template as I can't seem to find it anywhere ?

Many Thanks
Raja

KeithP

Hello and welcome.

What is the Issue Date on your Claim Form?

It looks like you filed an Acknowledgment of Service on 21st February. Is that right?
Your MCOL Claim History will have the definitive answer to that.

Who is the Claimant? I.e. which parking company?

Can you please show us the Particulars of Claim from your Claim Form but with your personal detail hidden.

Raja24

Thanks for swift reply,

Issue date was 15th February and Claimant is Civil Enforcement Ltd. Please see attachments. Second attachment is acknowledgment of my response on 21st Feb
(Image removed by Forum Team) 

KeithP

Raja24 said:

Issue date was 15th February and Claimant is Civil Enforcement Ltd. Please see attachments. Second attachment is acknowledgment of my response on 21st Feb 

I have reported your post to MSE Forum Team to ask them to remove that Claim Form image.
You have shown enough information for anyone to file a rubbish Defence on your behalf and there are plenty of dubious characters on the internet.


You are late with filing a Defence.

With a Claim Issue Date of 15th February and having filed an Acknowledgment of Service in a timely manner you had until 4pm on Tuesday 19th March to file a Defence. That hasn't happened. 

Since 4pm on Tuesday 19th March the Claimant has been free to seek a Default Judgment against you.

If they seek and get that Judgment before you have filed a Defence, then they win the race - it's game over - you lose.

Check your MCOL Claim History to see if there is already a Judgment against you. 
If there is, then you can ignore the rest of this post.

On the other hand if you file a Defence before the Claimant actually seeks and gets that Default Judgment, then you win this heat and go through to the next round and I suggest you aim to file a Defence as soon as possible - before 8am tomorrow morning.

To create a Defence, and then file a Defence by email, look at the second post in the NEWBIES thread.

Do not try and file a Defence via the MoneyClaimOnline website. The MCOL website should now be treated as 'read only'.

KeithP

Here is a sanitised version of your Particulars of Claim...

You can see that it makes no attempt at describing what the driver may have done wrong.

It doesn't even say where the alleged parking event took place.
 - in a Food World car park? Where in the world is this Food World car park?

Raja24

Thank you Keith, Can I put my name under signature on the defence template on Microsoft Word before saving it as PDF before emailing it to ClaimResponses.CNBC@justice.gov.uk? Would that count as electronic signature ?

Also, I've only really added details for paragraph 3 as follows:  

3. Defendant parked there as he went to the shop which owns this car park. The road was very busy and the defendant didn’t see the signs which were displayed. If defendant had seen the sign he wouldn’t have parked there or he would’ve entered the number plate inside the shop on the small tablet on the side of the till desk and would’ve saved himself from receiving intimidating letters.

Do you think this is sufficient ?

Thanks,

Raja

Coupon-mad

No you need to change it to talk about the signs and keypad not being prominent (your draft makes it sound like it was your fault for not seeing them). 

And your facts paragraph is para 5 (not 3) because clearly you must use the hharry100 defence.  Don't ask for a link; it's already in the Template Defence.

But have you already got a CCJ as you are late? Have you logged in & checked on MCOL?

Raja24

I've checked and there has been no CCJ has been issued. I've just emailed my response and got an automated reply. I typed in my name on MS word as my signature. Does that suffice ? I am already late so want to get it submitted tonight so couldn't printing it tomorrow

Coupon-mad

Raja24 said:

I've checked and there has been no CCJ has been issued. I've just emailed my response and got an automated reply. I typed in my name on MS word as my signature. Does that suffice ? I am already late so want to get it submitted tonight so couldn't printing it tomorrow

That's fine as long as you saved it as a PDF although I wouldn't have typed your name except in script font,

Raja24

Thanks @Coupon-mad. I should receive correspondence soon in post for next steps ?

Coupon-mad

The first 12 steps are in the Template Defence first post, designed to stop people posting about the normal first letters.

See you in the Summer for WS stage.