BW Legal / UK CPM

FUKCPM

Hi guys, 

It's been a while since I posted here but it seems these buggers won't accept their previous losses and have now changed solicitors.. 

Given the time since last writing, I wanted to enquire as to what the most effective and latest Defence would be, given the inept PoC I have attached to this.

Much appreciated as ever in advance!

Coupon-mad

Does that POC not even state where the alleged contract was formed? It also fails to list six dates and it doesn't explain how the Defendant is being held liable for possibly six different drivers' conduct (nothing is specified about the Defendant's role in this matter).

Personally, I would get Contestor Legal to do an application to strike the claim out for failure to comply with Part 16. I think they still do this on a no-win-no-fee basis.

CL will seek their costs from the Claimant.

It is the best way to hurt the scammers.

FUKCPM

So good to hear from you @Coupon-mad!

In terms of the PoC, absolutely nothing for me to understand and thus defend it seems. The only issue is that I forgot about this due to being abroad, since submitting the AoS, and so technically today is the last date of for submission of defence. 

ContestorLegal are closed til the morning and I'm pretty sure I'd need to have an email over to CNBC before then..

Coupon-mad

Ah OK, so DON'T USE EMAIL.

Use MCOL to submit this defence.

Start with the defence with Chan and Akande that's linked in the FIRST post of the Template defence.

But you are character count restricted on MCOL, so remove the entire second half of the template defence - remove all the bottom bit too, the statement of truth and the top headings. None are needed on MCOL.

Add your facts as para 6 like normal but keep those VERY vague and point out that the POC do not even state where the alleged contract was formed. It also talks about six events but fails to list six dates and it doesn't explain how the Defendant is being held liable for possibly six different drivers' conduct. Nothing is specified about the Defendant's role in this matter; the claim fails the CPRs and Part 16 and does not get off the ground. The court is invited to strike the claim out.

Copy & paste what you can fit into the Start Defence box then hit SUBMIT.

Finally, then check that the 'MCOL HISTORY' shows the defence is submitted at date/time, not just shown as 'the last document'.

Do NOT email a last minute defence.

FUKCPM

All done as suggested except MCOL is giving an error so had to email it across. Shall call them in the morning to inform them that it has been playing up. Will keep you posted as to next step! 

Coupon-mad

Oh no. That will make it complicated.

You'll get a CCJ by default then you'll have to complain to the CNBC.

Did you get an auto receipt (please don't copy & paste it here)?

Did you email a short version? If so, why and what exactly did you include?

FUKCPM

No I did the full version and yes I got a receipt - for point 6 I submitted the below:

6. Referring to the POC which is wholly denied; The Defendant is not indebted to the Claimant. The Defendant does not accept that any contravention occurred. The PoC does not even state where the alleged contract was formed. The quantum is hugely exaggerated (no PCN can be £170 on private land) and there were no damages incurred whatsoever. It also talks about six events, but fails to list six dates, and it doesn't explain how the Defendant is being held liable for possibly six different drivers’ conduct. Nothing is specified about the Defendant’s role in this matter; the claim fails the CPRs and Part 16 does not get off the ground. The Court is invited to strike the claim out.

Coupon-mad

OK - that's good - but because you didn't put it in on MCOL and the deadline for defence is up, this is a pain for you.

This is the exact scenario where you could find the CNBC are slow to update the system. Check MCOL every few days. The password will work.

ChirpyChicken

The reason you got an error is the use on invalid characters
I would try and resubmit it removing any invalid characters