Archived posts split from template defence thread

Fruitcake

sdm1985 said:

Is there a full defence document that shows where the parts need to be amended, or evidence added? I need to make a start on the document tomorrow. Thanks in advance.

Read the first two posts of this thread. The second post is a complete template that tells you which parts you need to amend.
Evidence does not go in the defence. That comes later at the Witness Statement stage.

Coupon-mad

sdm1985 said:

Is there a full defence document that shows where the parts need to be amended, or evidence added? I need to make a start on the document tomorrow. Thanks in advance.

Yes. That's what this thread provides.

Ismaiel_c

KeithP said:

Ismaiel_c said:

This is parking transaction from my account

@ismaiel_c, did you mean to post that on the template defence thread?

yes sorry please delete

booter

Can I add to this thread that when emailing the defence, there is an automated acknowledgement of the email same day, followed by acknowledgement of the defence by post around 10 days later- not sure if it's already been mentioned?

Car1980

Just a brain nugget someone might want to shoot me down about - the Late Payments of Commercial Debts (Interest) Act 1998 allows statutory compensation for each late invoice (£40-£100 depending on the amount of the invoice) for business to business invoices only.

If businesses were intended to be alllowed to add sums to invoices to individuals a) you'd expect there to be legislation, and b) the legislation that exists wouldn't specifically exclude business to individual invoices. Trying to insert additional contractual sums would seem to be an attempt to circumvent a) the only limited costs the small claims track is intended to offer, and; b) the intentions of law makers who specifically saw fit to legislate that late payments are the domain of B2B.

Coupon-mad

Not shooting you down at all. I've used that more than once in my submissions to the Public Consultations.  It's REALLY relevant info.

That legislation's explanation by the Government also contains the magic words:

"The amount you’re allowed to charge depends on the amount of debt. You can only charge the business once for each payment."

https://www.gov.uk/late-commercial-payments-interest-debt-recovery/claim-debt-recovery-costs

Not per piece of work alleged to be unpaid.

ONCE per total debt owed. 

skuther

Ok just seen that BPA + IPC have released their own new code of conduct (presumably because they have been scared by the goverment proposals)

I just read about them on the Which website:

https://www.which.co.uk/news/article/new-private-parking-code-of-practice-comes-into-force-amEPQ4x3t1ek

The AOS is supported by the private parking sector single Code of Practice (current version 1 - June 2024).

 Private parking sector single Code of Practice  - came into effect on 1st October 2024

"All new private parking sites must be compliant from 1 October 2024, while pre-existing sites have until late 2026 to comply."

https://www.britishparking.co.uk/code-of-practice-and-compliance-monitoring

This is an improvement for future, but does this change anything in practical terms right now for all of us fighting existing charges? and/or require changes to the defence template.

thanks

Coupon-mad

It's not an improvement.  It is a watered down joke.  Has been discussed.  Ignore it.

Skidlydo

Hello all, quick question...
I've acknowledge my case on Money Claim and emailed my defence to the CCBCAQ email address and that's been acknowledged. I have since had a letter from the legal team on behalf of Euro Car Parks asking me to confirm name, address, email and contact number?
They have my name and address so is this normal and should I respond if not what is my next step?
Many thanks all.

See attached letter...

Fruitcake

Skidlydo said:

Hello all, quick question...
I've acknowledge my case on Money Claim and emailed my defence to the CCBCAQ email address and that's been acknowledged. I have since had a letter from the legal team on behalf of Euro Car Parks asking me to confirm name, address, email and contact number?
They have my name and address so is this normal and should I respond if not what is my next step?
Many thanks all.

See attached letter...

Your next step is to please start your own thread and ask any questions there, not post on this thread that is for information only.