Claim Form help (Motorway Services)

ParallelCircle

How about this?

5. The defendant entered the motorway services parking area to take a sleep break. After an unknown amount of time the defendant awoke. The defendant, unsure of the length of time they were in the car park, downloaded the parking app to their phone and attempted to check how long they had been there, assuming the automatic number plate system would give this information. The app successfully installed however upon trying to use it they were met by constant errors and it failed to work (screenshots were made of the error).

ParallelCircle

Another mention is that in their initial parking fine letter they included photos of the car coming and going from the car park with the timings. Is this a problem for anything?

Gr1pr

As above, leave out all the waffle for this new paragraph 5 , but feel free to elaborate in such a manner in your later WS. 

Your paragraph 5 should be concise, bare facts only that pertains to slept, app problem after installation 

Coupon-mad

That looks fine.

ParallelCircle

Thank you all for your help. I have gone ahead with the recommendation from @LDast and will await the outcome. I received the response email to say it had been delivered so now we wait and see what happens next.

Some of you may not recommend this method as the other is tried and tested, so keep your eyes on this and I shall update you how it goes.

Cheers all!

LDast

Definitely keep us in the loop please. You are now #4 who have used the short defence and draft order outside of the court circuit where it ha already been used with 100% strike out success.

ParallelCircle

OK so I have received the following letters in the post since submitting the defence...

Dated 1st August - Defence received acknowledgement saying it is being served on to the claimant.

Dated 1st August - Notice of Proposed Allocation to the Small Claims Track. This tells me to complete form N180

Dated 5th August - DCB Legal letter saying they will proceed with the claim. It also includes a copy of their Directions questionaire.

This all seems to be as expected, though do tell me if I am wrong. I simply need to complete N180 by 19th August so I should do that and email it as in the general order of things. I then just wait until I hear something...

Coupon-mad

Be aware that mediation is now compulsory.

Search the forum. Discussed recently.

KeithP

ParallelCircle said:

I simply need to complete N180 by 19th August so I should do that and email it as in the general order of things.

Remembering to send a copy to DCBLegal.

LDast

When you send the completed N180 DQ, attach the following documents with covering letter with the following:

“Bearing in mind the contents of the defence I would strongly suggest that the judge makes the attached order in support of which I also attach transcripts of two cases which support the proposition that the judge should make the order I suggest”.

Draft order for the short defence

CPM v Akande transcript

CEL v Chan transcript