Moorside Legal - Claim2

Fines_suck

Is it ok to leave out this para from the defence and add it at WS stage?

"Pursuant to Sch4 of the Protection of Freedoms Act 2012 ('POFA') the claim exceeds the maximum sum and is unrecoverable: see Explanatory Note 221: 'The creditor may not make a claim against the keeper ... for more than the amount of the unpaid parking related charges as they stood when the notice to the driver was issued (para 4(5))'. Late fees (unknown to drivers, not specified on signs) are not 'unpaid parking related charges'. They are the invention of 'no win no fee' DRAs. Even in the (unlikely) event that the Claimant complied with the POFA and CoP, there is no keeper liability law for DRA fees."

I can only fit half the para up to "…keeper ... for more than the amount of the unpaid…" which leaves me half the para short.

I have added the above from h2g2's post into the defence which has taken lots of the room. Can this be shortened, whilst still stating what needs to be said?

Gr1pr

You were advised to remove paragraph 10 from the template defence and add it to your WS in several months time, so if you remove paragraph 10, will the rest all fit into the 122 lines or is more pruning required. ?

Fines_suck

@Gr1pr more trimming is required, I require approx another 4 lines to fit all of last paragraph into the online defence box.

Gr1pr

My suggestion is to remove paragraph 8 as well as 10 in the template defence by coupon mad and add both of them to your future WS ( 8 & 10. ) BUT before you do wait for any alternative pruning suggestions by others on here

Or

You have the alternative of adding headers and footers to all of it, especially the statement of truth and an e signature and emailing it as a pdf attachment to the claimresponses email address as was the case a year ago

But if i were you i would wait for more feedback first

Coupon-mad

Remove the para about the MHCLG and market failure.

Fines_suck

I Have removed this PARA and pasted defence into MCOL

Do you need the statement of truth at the bottom or can this be added at WS stage? I can squeeze in but only just…

I am the Defendant - I believe that the facts stated in this form 
are true. Signed name 10/05/26

Gr1pr

Do not add it if using the defence box on MCOL, because its definitely you submitting it

Your WS will have the correct statement of truth and a signature too , in several months time

On MCOL, save, submit, job done