claim form

Pleasehelpmeout

Gr1pr said:

You also need to consider cutting the defence right back and logging into MCOL,  copy and paste it into the start defence box, making sure that it fits,  due to the character count limit 

So cut down, and copy and paste , not save as a pdf and not email , due to the fact that it's way overdue 

Ps, there is no S in the word DEFENCE,  plus there are typos in your draft too

If the claim is in her name,  she files it, not you , if you are named on the claim form,  you login online and file it 

 Thanks a lot I am going to do it now, thanks for noticing the S I should have been more careful
(The claim is in David’s name not mine)

Coupon-mad

Then David cuts out all the headings and the bottom half and quickly puts a defence into MCOL right now.

Pleasehelpmeout

Gr1pr said:

You also need to consider cutting the defence right back and logging into MCOL,  copy and paste it into the start defence box, making sure that it fits,  due to the character count limit 

So cut down, and copy and paste , not save as a pdf and not email , due to the fact that it's way overdue 

Ps, there is no S in the word DEFENCE,  plus there are typos in your draft too

If the claim is in her name,  she files it, not you , if you are named on the claim form,  you login online and file it 

Should I also include that? 

STATEMENT OF TRUTH

I believe that the facts stated in this Defence are true. I understand that proceedings for contempt of court may be brought against anyone who makes, or causes to be made, a false statement in a document verified by a statement of truth without an honest belief in its truth.

Signed: ___________________________

Name: David D****

Date: [Insert Date]

Coupon-mad

No.  When he puts it in on MCOL, ONLY put the defence in (no headings and not a statement of truth).

He will have to cut the entire second half of the Template off - just get it done.  No more asking...!


He is about to get a CCJ any moment.  Get the defence in!

Pleasehelpmeout

Coupon-mad said:

No.  When he puts it in on MCOL, ONLY put the defence in (no headings and not a statement of truth).

He will have to cut the entire second half of the Template off - just get it done.  No more asking...!


He is about to get a CCJ any moment.  Get the defence in!

1. The Defendant denies that the Claimant is entitled to relief in the sum claimed, or at all. It is denied that any conduct by the driver was in breach of any term. Further, it is denied that this Claimant (understood to have a bare licence as agents) has standing to sue or form contracts in their own name. Liability is denied, whether or not the Claimant is claiming ‘keeper liability’, which is unclear from the boilerplate text in the Particulars of Claim (‘the POC’).
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 and Practice Direction 16 paragraphs 3 and 7, 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 not the driver at the time.
3. Paragraph 1 of the POC is denied. The Defendant is not indebted to the Claimant. Paragraph 2 is also denied. No PCN was issued on 17/06/2024, 22/06/2024, or 01/07/2024 (the dates of the alleged visits). Whilst the Defendant is the registered keeper, paragraphs 3 and 4 are denied. The Defendant is not liable and has seen no evidence of a breach of prominent terms. The amount claimed is hugely exaggerated (no PCN can lawfully be £170 on private land), and there were no damages incurred whatsoever. The Claimant is put to strict proof of all allegations.
4. The Claimant is unable to show that any financial loss arose, and in order to impose an inflated parking charge, as well as proving a term was breached, they must show:
   (i) a strong legitimate interest extending beyond mere compensation for loss; and
   (ii) adequate notice of the ‘penalty clause’ charge, which in a car park requires prominent signs and lines.
5. The Defendant denies that either (i) or (ii) have been met. The charge imposed is a penalty, not saved by ParkingEye Ltd v Beavis [2015] UKSC 67, which is fully distinguished.

Doing it right now

Pleasehelpmeout

Submitted it 🤞 (I copied and pasted the above but gave wrong email, instead of ..@gmail.com I wrote @gamil.com (I know I was just very tired) will it affect the process in any way you believe?

Coupon-mad

You provided the Defendant's wrong email in a box?

Shouldn't matter as the court won't contact you by email and you can put it right in the N180.  Read the first 12 steps in the Template Defence thread so you don't come back asking us about the basic first steps.

Pleasehelpmeout

Coupon-mad said:

You provided the Defendant's wrong email in a box?

Shouldn't matter as the court won't contact you by email and you can put it right in the N180.  Read the first 12 steps in the Template Defence thread so you don't come back asking us about the basic first steps.

Step 7. 

Since I was very late to complete the defence and sent it by email now I won’t be receiving any ACKNOWLEDGEMENT BACK FROM THE CNBC so I believe I am now waiting for Claimant's Directions Questionnaire and the usual intimidating template letter saying they 'intend to proceed’ or/ and my own  own Directions Questionnaire from the CNBC? Right 

ChirpyChicken

correct could come anytime in the next 10 months......

Coupon-mad

Pleasehelpmeout said:

Coupon-mad said:

You provided the Defendant's wrong email in a box?

Shouldn't matter as the court won't contact you by email and you can put it right in the N180.  Read the first 12 steps in the Template Defence thread so you don't come back asking us about the basic first steps.

Step 7. 

Since I was very late to complete the defence and sent it by email now I won’t be receiving any ACKNOWLEDGEMENT BACK FROM THE CNBC so I believe I am now waiting for Claimant's Directions Questionnaire and the usual intimidating template letter saying they 'intend to proceed’ or/ and my own  own Directions Questionnaire from the CNBC? Right 

But you DIDN'T send it by email.

You will get the usual letters shown in the first 12 steps in the Template Defence thread.

Glad we got you back on track!