Claim form for PCN - help with defence

Nellymoser

Say something like you saw no point in engaging with the IAS. Their processes are seen as neither independent nor fair and it is the Govt's intention to replace them.
Was there not statements in the Template defence on this...quoting the % of appeals they've upheld.

Le_Kirk

PPCs are guilty of using template style witness statements, so more irony that they criticise you for using a template.  One judge, when this was pointed out by a claimant said "So what!"  It is more important that you write your WS and evidence so that it backs up and supports what you wrote in your defence and submit it before the deadline.  If the claimant has written something in their WS that supports your defence then use it.  Beware the temptation to enter into WS ping-pong; judges hate it.

flowercuppatea

Good advice, yes it's tempting but I won't! thanks

flowercuppatea

Hi. I wonder if anyone can help/ offer last minute advice please? I'm just finalising my WS to email tonight to court and claimant's solicitors (it's due tomorrow). I have written it as best as a I can using advice from this forum (much appreciated). Where I think it is light (having read a few more examples today) is in quoting or referring to other legal cases. I'm unsure how to 'shoehorn' this in!

I also haven't started it by saying the case should be struck out as I notice many others have - is this a standard sensible opener?

I have mainly focused on the facts, describing what happened that day. I have stated that the PCN was unfair because it was unspecific (my WS has more detail than my defence because I didn't really know exactly what I was defending until I read their WS).
I have refuted the major keying error - it is clear to me that the machine was faulty. I have also outlined that at the appeal point they should have offered me the £20 settle option.
I have outlined that I sent medical evidence at the appeal point to explain the short overstay and again, this was turned down and no further info was sought (again, against the single code of Practice).
I feel that I then repeat this medical info really by outlining the reasons why I could have had a key error (I'm sure I didn't) and why I was slightly late back to my car. I have quoted the DDA, and have med evidence in one of my exhibits. My WS just seems very pedestrian in comparison to some examples, when they quote this order and that order and I wonder if that is going to make me look very amateur (which of course I am! I have no legal knowledge at all). Is this a problem? 

I have tried to use some info from @ellaro9 thread and from HHJ Pema but again, not confident here.

In their WS, the claimant has spent many, many paragraphs discussing the 'fairness' of their charges. I've again challenged this through my WS. The total cost if I lose is £260 (£175 claim - £5 more than originally stated, £35 court fee, £50 legal rep costs). Any other ideas here?

On a positive note (but maybe not of any use), I today received a letter from my MP outlining his dismay at my case, confirming some details about my predicament and his views on their actions, also mentioning how the legal team would not respond to his office even with my written permission. He suggests I use his letter as part of my defence. Kind if nothing else.

Any last minute ideas or thoughts please? It's been a long slog to get to this point. I really appreciate the guidance I've had on this forum.

flowercuppatea

Oh and because I'm so convinced I'll lose I haven't even considered asking for costs!

And can they move the goalposts in their WS from the original PCN which I outlined previously as 101) failure to purchase the the parking tariff for the reg of the vehicle on site and/or within the time allowed' to now also saying I didn't pay for long enough? Can they add further accusation like this at this point? Would this be grounds for asking for this to be struck out?

@Le-Kirk

Le_Kirk

Might be too late for you now but, providing your WS backs up and supports what you wrote in your defence you should be OK, evidence should also support what you have submitted.  If you have medical evidence that seems great.  Your defence and therefore your witness statement should be against the original Particulars of Claim (POC) on the N1SDT claim form.  Claimants are expected to put forward the whole of their claim at once not drip feed it.  I guess you could ask the judge as a preliminary matter to disregard that part of their WS.

flowercuppatea

I tried to back up my defence, whilst adding a bit more detail around what they've clarified they now want to also get me for (moved goalposts). I wonder if by disregarding their own code of practice in their behaviour they've caused themselves a bit of an issue or if that basically doesn't matter? We will see. The forms are in, in time, and I asked the court office to confirm for me which they did. The solicitors didn't, but I'm not concerned about that, don't expect them to. My evidence was a bit thin, but I think good enough, and appropriate to my points (maybe I'm just comparing it to their copious pages....).To to be honest I just feel relieved I've managed to get everything done, to the best of my lay person ability and I'm crossing my fingers for either them to pull out, or if not that we get a reasonable judge. It's all a learning curve I suppose. but one I'm not keen to repeat. I'll update on here what happens either way. Thanks again.

flowercuppatea

Hi. I am due to attend court tomorrow. Any last minute tips please? Specific to this case as posted, or generic - I'd be really grateful. Or any other threads you can point me to which might be worth a read?
@Coupon-mad @Le_Kirk  

Gr1pr

Read recent cases that have completed and read the tips and feedback 

They usually have the phrase or song title of a hit Queen song,  ending with d u s t , search the 5 word phrase 

Le_Kirk

Search the forum, there are several posts where I have given tips for attending hearings. Here is one such post: -

Read and know your defence, witness statement and evidence inside out, make yourself a crib sheet so that, if you are given a chance by the judge to talk, you can make sure you get across ALL your points.  Make sure your crib sheet contains pointers from your WS to the evidence page and paragraph. Be there early in case the cases in front of you move up the queue and also to allow time for security checks etc.  Do not allow yourself to be sidetracked into a room so that a well-dressed lawyerly type can "have a few words".  Do not accept any bits of paper.  Have a spare copy of your witness statement in case the claimant tries the "we did not receive the defendant's WS" trick!  Be polite and do not talk over the judge, address the judge as "Judge" even if a lady judge and finally - good luck.  Don't forget, when you win, to ask for your costs.