Genuine letter from court or not? What to do next?

thusprider

Nellymoser said:

It won't be far back in the list of threads if it was replied on yesterday try looking on page 2 3 or 4.
Or search Myrtle Parade change the best match to newest.

Did you manage to complete AOS?

Thanks I will try to look for it
Not yet, is AOS acknowledgement of service? Needs to be completed within 14 days and then I have 28 days to file my defence?
is there anything specific I need to watch out for when completing AOS? What do you think of my draft for defense posted above?
thankyou 🙂

Gr1pr

The newbies sticky thread in announcements,  second post has full instructions on completing the AOS online on MCOL,  please study it, plus the Dropbox link. Once completed,  your defence submission deadline is 4pm on 1st July 

Bin that defence   ( no s in the word Defence BTW  )

Its not based on the template defence and that version of the statement of truth was retired a few years ago,  so no idea where that draft came from,  but I would suggest that you read the template defence in announcements and adapt the 2 or 3 paragraphs within it

Coupon-mad

thusprider said:

Coupon-mad said:

I presume you have seen and read the other Myrtle Parade thread replied on today. I am not linking it (I never do because it's easy to find threads by skim reading thread titles and it would defeat the object for us to have to go looking, when newbies learn more by navigating the forum themselves).

They have a worked defence on their thread... but don't do what they did!

Thanks for the reply
I have tried looking but I cant find it (I dont have a computer and its difficult loading the forum on my phone) could you please link it

No, I can't because you would be asking me to do what I'm saying you need to do!

I also use a phone here. Reading thread titles on page one, then two, then three, etc takes minutes and is the same on any device.

Or you can search the forum for Myrtle and change to NEWEST. You'll find your own thread then theirs, in the top few!

Coupon-mad

Bin your defence. Use the template defence.

My signature tells everyone how to navigate the forum in a split second to get to page one. On a phone too. 

thusprider

Okay thank you, I will follow your instructions and build a defence using your template 🙂

QrizB

thusprider said:
I have tried looking but I cant find it (I dont have a computer and its difficult loading the forum on my phone) could you please link it

I'm writing this reply on my cheap Android phone.

At the top of this page you'll see a magnifying glass, like this:

If you click on it, you'll get a search box.

Type "Myrtle Parade" into the box and press enter. You'll get something like 15 hits (fewer if you include the quotation marks in your search).

At the top of the list of results it will say "Sort by:" and it will have defaulted to "Best match". Change that to "Newest".

You should find this thread (yours) first and the one you've been recommended to read immediately below it.

thusprider

Hi again, I have submitted the AOC via moneyclaims and drafted a new defense based on the templated on newbies thread:
Any suggestions of edits are greatly appreciated!

DEFENCE

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').

The facts known to the Defendant:

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, 16PD3 and 16PD7, 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 and driver.

3. Referring to the POC: paragraph 1 is denied. The Defendant is not indebted to the Claimant. Paragraph 2 is denied. The Defendant does not accept that a contravention occurred on 20/11/2024, as alleged.  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 is hugely exaggerated and there were no damages incurred whatsoever.

3.1 Due to the length of time from the date of supposed contravention, the Defendant has no recollection of the day in question. The Defendant was unaware of parking restrictions in place. The Defendant had not noticed any prominent signage close to where the vehicle was parked, showing the terms and conditions for use.

(Paragraphs 4-30 are copied directly from defence template)

Statement of Truth

The Defendant believes that the facts stated in this Defence are true. The Defendant 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:

Signature:

Date:

I intend to now save this and sign and then email it to ClaimResponses.CNBC@justice.gov.uk with claim number and defense using the email signed up via government gateway 

Thank you

thusprider

Bump
thanks

Coupon-mad

thusprider said:

I intend to now save this and sign and then email it to ClaimResponses.CNBC@justice.gov.uk with claim number and defense using the email signed up via government gateway 

Thank you

That's fine for the above claim.

  

thusprider

Thank you for your help as well as the template
I will send this off now