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Will they go to court or not?

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  • Redx
    Redx Posts: 38,084 Forumite
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    which is all what I thought and what I said earlier having read todays posts

    the OP commented on it and quoted my post and his reply, but he did not say that he was going to ensure this was done , more like he was speculating or moaning and not a decision to get the above done (it was more like a defeatist throwaway complaint than a decision to take action)

    as I said earlier, its a court ORDER , they have ordered it to be done , so get it done, its that simple as nosferatu says and as I am sure waamo and coupon-mad would agree
  • waamo
    waamo Posts: 10,298 Forumite
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    Redx wrote: »
    which is all what I thought and what I said earlier having read todays posts

    the OP commented on it and quoted my post and his reply, but he did not say that he was going to ensure this was done , more like he was speculating or moaning and not a decision to get the above done (it was more like a defeatist throwaway complaint than a decision to take action)

    as I said earlier, its a court ORDER , they have ordered it to be done , so get it done, its that simple as nosferatu says and as I am sure waamo and coupon-mad would agree

    Indeed. Nail on the head there.
  • rizla01
    rizla01 Posts: 7,256 Forumite
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    Shall I remove my eMail to PE now?
    "Unhappiness is not knowing what we want, and killing ourselves to get it."
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  • Coupon-mad
    Coupon-mad Posts: 131,721 Forumite
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    edited 21 January 2018 at 9:50PM
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    No that's OK to leave up, no big deal, let PE see it, they are already wavering and will see it soon enough! And the Defendant needs to mention the fact that the car was moved and two parking events are two separate matters...blah blah...(as below):

    It's clear from Schedule 4 of the POFA that (whether a case relies on that Act or not) the clear intention of Parliament was not to allow private parking firms to add two parking events together - one at shops then one when the car was moved to a completely unsigned area, away from the shops, to visit the KFC - to concoct a parking charge as if the driver overstayed when shopping!

    The email MUST come from the defendant by name, not you. Claim number in the subject line, of course.

    Ring the CCBC on Monday (in fact the Defendant must, not you, as you are a third party aren't you?) and ask them to email a copy of the defence as she - astonishingly, but I guess under stress - didn't keep a copy and clearly can't sign it if she can't recall the exact words. Remember to also add a statement of truth, easy to find it on Google, or find one on any defence example here.
    PRIVATE 'PCN'? DON'T PAY BUT DON'T IGNORE IT (except N.Ireland).
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    Forum Home»Motoring»Parking Tickets Fines & Parking - read the NEWBIES THREAD
  • rizla01
    rizla01 Posts: 7,256 Forumite
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    Well Done for that CM.

    I have amended the letter and I think it reads very well. i will get that sent out first thing and get in touch with the courts again to see how to go about ensuring my daughter gets a copy of her defence.
    Is the statement of truth the one that is already on the N9B form ( I believe that the facts stated in this form Etc..)

    Or a completely different document.
    (You didn't include a link :) )
    Thanks. x
    "Unhappiness is not knowing what we want, and killing ourselves to get it."
    Post Count: 4,111 Thanked 3,111 Times in 1,111 Posts (Actual figures as they once were))
    Women and cats will do as they please, and men and dogs should relax and get used to the idea.
  • Coupon-mad
    Coupon-mad Posts: 131,721 Forumite
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    I never show links if I can avoid it! 'Statement of Truth for a defence' is Googleable in seconds!
    PRIVATE 'PCN'? DON'T PAY BUT DON'T IGNORE IT (except N.Ireland).
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  • rizla01
    rizla01 Posts: 7,256 Forumite
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    edited 22 January 2018 at 12:48AM
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    Coupon-mad wrote: »
    I never show links if I can avoid it! 'Statement of Truth for a defence' is Googleable in seconds!

    This is the form that I referred to.

    2pslvcy.jpg

    Its the same one required to be completed for the defence statement and it already has the 'Statement of Truth' included - UNLESS you are suggesting a different form is ALSO required?

    20nul0.jpg


    Does this suffice?
    "Unhappiness is not knowing what we want, and killing ourselves to get it."
    Post Count: 4,111 Thanked 3,111 Times in 1,111 Posts (Actual figures as they once were))
    Women and cats will do as they please, and men and dogs should relax and get used to the idea.
  • Coupon-mad
    Coupon-mad Posts: 131,721 Forumite
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    She doesn't need to fill out a form again, not sure why you are fixating on a form.

    She just DESPERATELY needs to ring the CCBC (takes ages, half an hour, for them to answer sometimes) and ask for a copy of her defence. The words she used. Never mind the form.

    Even if she just gets the words, she can then type them out under the usual headings you see on here for any defence where it's shown (such as those bargepole sometimes posts in full) with a statement of truth at the bottom, then sign/date.

    No form. Just a signed defence is needed.
    PRIVATE 'PCN'? DON'T PAY BUT DON'T IGNORE IT (except N.Ireland).
    CLICK at the top of this/any page where it says:
    Forum Home»Motoring»Parking Tickets Fines & Parking - read the NEWBIES THREAD
  • rizla01
    rizla01 Posts: 7,256 Forumite
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    edited 22 January 2018 at 12:56AM
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    Sorry.

    I was of the impression that they wanted another Defence & Counterclaim form submitted.

    .................and ask them to email a copy of the defence as she - astonishingly, but I guess under stress - didn't keep a copy and clearly can't sign it if she can't recall the exact words. Remember to also add a statement of truth,

    I read that as if you were saying that the 'Statement of truth' is a different form to the defence form.
    i was showing that they are the same form - thats all.

    Isn't it easier to fill out online (And print) a form N9B as I have posted?
    "Unhappiness is not knowing what we want, and killing ourselves to get it."
    Post Count: 4,111 Thanked 3,111 Times in 1,111 Posts (Actual figures as they once were))
    Women and cats will do as they please, and men and dogs should relax and get used to the idea.
  • claxtome
    claxtome Posts: 628 Forumite
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    Isn't it easier to fill out online (And print) a form N9B as I have posted?
    The form you are referring to this forum wouldn't recommend using.
    The suggested approach with defences is to fill out a word document with headings and numbered sections. See the NEWBIEs thread for examples.
    Once you have completed it, including at the bottom the statement of truth, you print it out and sign it.
    If you have a scanner you the scan the signed copy making a pdf version and email the pdf to the court.
    If you don't have a scanner then only option is to physically post it getting a certificate of posting from the post office.

    Was the form used for the original submission of defence?
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