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Help and guidance please

1568101120

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  • Thanks a lot CM.I feel a lot better now :)

    I'll email my letters to work tomorrow, so I can scan them after signing. I'll then email them on to the Court.
  • Lamilad
    Lamilad Posts: 1,412
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    Still nothing attacking the PoC? Did you read any CEL defences or the Johnersh one in newbies? You could have easily copied and pasted wording from either source.

    If you plan to request your case is heard at Skipton then attacking the PoC is a must as the Judges there have expressed their frustration on more than one occasion about Excel's woefully inadequate particulars.... But (as I discovered recently) if you don't mention it in your defence they (probably) won't hold the claimant to account... and they get an easy let off.
  • Hi Lamilad

    Is this what you meant from Johnersh?

    1. The Particulars of Claim lack specificity and are embarrassing. The Defendant is prejudiced and is unable to prepare a full and complete Defence. The Defendant reserves the right to seek from the Court permission to serve an Amended Defence should the Claimant add to or expand his Particulars at a later stage of these proceedings and/or to limit the Claimant only to the unevidenced allegations in the Particulars.

    2. The Particulars of Claim fail to refer to the material terms of any contract and neither comply with the CPR 16 in respect of statements of case, nor the relevant practice direction in respect of claims formed by contract or conduct. The Defendant further notes the Claimant's failure to engage in pre-action correspondence in accordance with the pre-action protocol and with the express aim of avoiding contested litigation.
  • Lamilad
    Lamilad Posts: 1,412
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    Yes but you may need to remove the stuff about failing to engage in pre action correspondence unless to have a specific example to reference such as no letter of claim.
  • Shall I just insert paragraph one in to both of my defence letters or I should I be looking for more info?
  • Lamilad
    Lamilad Posts: 1,412
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    Insert both paras but remove the last sentence about pre action correspondence
  • I'm not sure you can reasonably argue that you both bought a ticket and that the machines weren't working.

    I'd put the claimant to strict proof through disclosure of maintenance logs or otherwise that the machines were regularly serviced or operated.

    You can start by saying no contract because signs were unclear (if that is correct) and plead at the same time the below as a secondary argument.

    In the alternative, in the event that the Court finds that there was a contract formed as between the driver and PPC when the vehicle was parked, the defendant contends that such contract was void by reason of impossibility. The claimant provided no working means of payment and the driver was unable to pay.

    In practice, your best approach may be to keep it simple and not argue every argument you can conceivably think of, but only the good ones. Target it. It makes it easier to argue and less like a generic template.
  • Hi

    A quick update. I've received correspondence from the County Court - Notice of Proposed Allocation to the Small Claims Track and a Directions Questionnaire (N180). I have until 5/3/18 to complete the N180 and file it with the court office.

    I assume I say a big NO to mediation and post them back to Northampton? Dumb question number 946 but do they have to have received it by 5/3?

    BW Legal have also kindly provided me with their completed Directions Questionnaires.
  • KeithP
    KeithP Posts: 37,430
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    Earlier this evening I wrote this post:
    forums.moneysavingexpert.com/showthread.php?p=73942426#post73942426

    It will help you too.

    There's no such thing as a new question. :D
  • Thanks Keith.
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