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Northampton County Court parking fine headache
Comments
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Thanks for the reply.
What would your suggestion be for a good defence for my situation which I've explained in my previous reply.
Thank you0 -
MAtt - you havent understood what is being said
Youre looking for a one step win.
That is NOT how the legal process (usually) works, and is not how it will work in your case
Have you read post 2 of the newbies thread? Yes or No
If YES you would have seen that submitting the defence is only step 2 of the process. Following this you have a bit more work to do.
We're not saying the defence is bad. You just seem to think it will "win" at this point.
That isnt how it works
Please let us know if this makes sense!0 -
Sorry for annoying you guys I might sound stupid with my questions.
I've ready post 2 of the newbies thread and I've found a suitable defence from the forum by going through some posts. I've made small changes to it to make it look like mine. Can anyone help me make any changes to this?
"1. I am the Defendant, xxxxx, DOB xx/xx/xxxx, and reside at xxxxxxxxx
2. Save as specifically admitted in this defence the Defendant denies each and every allegation set out in the Particulars of Claim, or implied in Pre action correspondence.
3. The Claimant’s Particulars of Claim disclose no legal cause of action and they are embarrassing to the Defendant as the Claimant's statement of case is insufficiently particularised and does not comply or even attempt to comply with CPR part 16 and practice direction 16 7.5. In this regard I wish to draw the Courts attention to the following matters;
(a) The Particulars of Claim are vague and insufficient and do not disclose an adequate statement of facts relating to or proceeding the alleged cause of action. No particulars are offered in relation to the nature of the any agreement. the method the Claimant calculated any outstanding sums due, how they became due, or any other matters necessary to substantiate the Claimant's claim.
(b) The over riding objective of the CPRs dictates that the case should be handled at a proportionate cost. The defendant recognises this duty and refrains from making an application for summary judgement at a cost which exceeds the claims value but asks the court to strike the claim out under it’s powers, of it’s own motion as several Judges across the country have already done.
4. The defendant was the registered keeper on the material dates. The claimant is put to strict proof of who was driving.
5. The claimants notice to keepers do not comply with the protection of freedoms act 2012 schedule 4 paragraph 8 including but not limited to 2(f).
6. The signs used by the claimant cannot constitute a contract as they are prohibitive or forbidding and do not have the necessary requirements of a contract, offer, acceptance and consideration. The supreme court stated in Parking Eye v Beavis that only the land owner/occupier could sue for trespass.
7. The signs are not clear, prominent and legible as per Parking Eye v Beavis. They cannot create a contract. The charge is buried in the small print and is an unfair term. The signs were sparse.
8. The signs attempt to create a distance contract but are unenforceable as they do not contain the correct cancellation information required by the Consumer Contracts (Information, Cancellation And Additional Charges) Regulations 2013.
9. The claimant is put to strict proof that they are entitled to £246.79 plus interest as claimed.
10. It is denied that any contract was entered in to between myself and the claimant or that I have any liability in this matter.
11. Should the claimants try to make a case via witness statement I request the claim is adjourned at the claimants expense to enable a full particularised defence to be entered.
Statement of Truth
I believe that the facts stated in this Defence are true."
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Look fine apart from #8 but unless someone has a different idea, I'd get it in.
These claims are all about, who are the actual parties, the signs, the space, the authority to be there. Or even simpler - was someone space abused and was there a warning about what would happen.0 -
Thanks for your reply. I'm thinking of just leaving number 8 as it is and email them the whole defence tonight. Uni workload keeps piling up and I'm scared I'm going to end up forgetting to submit the defence.
Anything else I should add?
Thanks0 -
Id take off 8. Its not going to fly at court.
Remember to have the defence signed - take a photo of your sig on a plain sheet of paper and attach it to the bottom.0 -
Thank you for your reply.
I will take 8 off. What do you mean attach to the bottom?
As KeithP said I'm just going to do this:
1) Print your Defence.
2) Sign it and date it.
3) Scan the signed document back in and save it as a pdf.
4) Send that pdf as an email attachment to CCBCAQ@Justice.gov.uk
5) Just put the claim number and the word Defence in the email title, and in the body of the email something like 'Please find my Defence attached'.
6) Log into MCOL after a few days to see if the Claim is marked "defended". If not chase the CCBC until it is.
7) Wait for your Directions Questionnaire and then re-read post #2 of the NEWBIES thread to find out exactly what to do with it.0 -
You don't need your DoB or address in para 1.0
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Thank you will change it up and email it off to them tomorrow.0
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Quick question:
Should I put my full name at the start or just my first name?0
This discussion has been closed.
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