UK CPS - Claim Form county court

maczapper

Thanks for the responce - im trying it in the responde to a claim part

managed to get in yesterday and im not doing anything different - was planning to pay in full

whats my next options..regarding settling

Gr1pr

Phone them up early doors tomorrow morning,  before the rush, see where it's at

You should have come back to us last night before midnight 

Coupon-mad

"was planning to pay in full"

Say what?! No you aren't...

Just put your defence into a word doc like we used to do for years up until this Summer. Add a statement of truth and your electronic signature in a script font and add the date at the bottom and the usual headings at the top:

claim number and the parties' names (NOT the solicitor) and the word DEFENCE.

Save it as a PDF and email it to claimresponses like this example (see the headers and the SoT before the signature & date) only don't copy their defence: we now use an updated form of words for the actual defence:

https://forums.moneysavingexpert.com/discussion/comment/81395359/#Comment_81395359

The CNBC's email is here and make sure you get an auto response:

claimresponses.cnbc@justice.gov.uk

Same thing happened to this person:

https://forums.moneysavingexpert.com/discussion/6619878/need-advice-fighting-ukcpm-pcn-at-rathbone-market-110-barking-road/p5

maczapper

not sure i have a defence - was parked in resedence parking area without permit so not sure i will have a leg to stand on

Coupon-mad

maczapper said:

Obviously you're using the Moorside version of defence which doesn't need facts added. The one specially linked twice in the Template Defence thread.

Just get it emailed as I explained.

maczapper

SO you saying remove the facts known and add - sorry not the best timing for me - but thanks for your help
-------------------------------

The Defendant, has little recollection of events considering this was more than a year ago, and has little to add other than admitting that they were the registered keeper and not driver, so questions whether the Notice to Keeper was even POFA compliant.

3. With regards to the POC in question, two recent persuasive appeal judgments in Civil Enforcement Limited v Chan (Ref. E7GM9W44) and Car Park Management Service Ltd v Akande (Ref. K0DP5J30) would indicate the POC fails to comply with Civil Procedure Rule 16.4(1)(e) and Practice Direction Part 16.7.5. On the 15th August 2023, in the Chan case, HHJ Murch held: 'the particulars of the claim as filed and served did not set out the conduct which amounted to the breach in reliance upon which the claimant would be able to bring a claim for breach of contract'. The same is true in this case and the Defendant trusts that the Court should strike out the extant claim, using its powers pursuant to CPR 3.4. The second recent persuasive appeal judgment also held that typical private parking case POC (like this) fail to comply with Part 16. On the 10 May 2024, in CPMS v Akande, HHJ Evans held: 'Particulars of Claim have to set out the basic facts upon which a party relies in order to prove his or her claim'."

maczapper

emailed a defence -  probs got it wrong but least ive done something..

maczapper

used the moosside defence - it was a year ago no idea who was driving - where will this go next ?

Coupon-mad

You know the first 8 steps.