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    • cooperscar
    • By cooperscar 10th Mar 17, 6:45 PM
    • 1Posts
    • 0Thanks
    County Court Claim Form, defence help please
    • #1
    • 10th Mar 17, 6:45 PM
    County Court Claim Form, defence help please 10th Mar 17 at 6:45 PM
    Hi really hoping someone can help and advise me how to best defend the county court claim I have received today.

    In April 2016 a car I own was parked on a private car park, namely Bryan House in Wigan and the driver entered the wrong reg no on the ticket by mistake, the ANPR camera photographed the car but had no record of a ticket purchased for it.

    I own two vehicles both that are both registered in my name.

    The driver had used the car park twice that week, the first time in one car and entered the correct reg no but the second time, 2 days later, the driver was in the other vehicle and by mistake entered the reg for the first car again.

    I received a PCN from excel as registered keeper and ignored this first letter I then got a final reminder from them and replied explaining the above mistake.

    They replied acknowledging a ticket was purchased for the reg no the driver obviously entered and requested evidence of ownership of both vechicles, i did supply this but it was after the date they stipulated due to me being away.

    I didnt hear from them again until the first bw legal letter in August 2016 to which I replied by email stating I was the registered keeper but not the driver at the time because I was in work and could prove it.

    On 8th September I received a letter refering to my email, noting I said I wasnt the driver and asking me to provide the drivers details, obviously I didnt. It also stated that entering the wrong reg no would result in an invalid ticket being purchased so the driver was in breach of the terms and liable to pay.

    I had further letters in September, November and February all which said I hadnt replied to the first letter in August, when I clearly had, and I replied to these using templates I found on here stating again that I wasnt the driver.

    Today the county court letter arrived and I obviously want to defend it, what I would like to ask is, is it enough to defend that I am the registered keeper but could not possibly have been the driver because I was in work and can provide evidence from my employer to prove this or do I need to go into more detail?

    Many thanks in advance for any help you can offer and thanks for reading, sorry for the long winded details.
    Last edited by cooperscar; 10-03-2017 at 7:18 PM.
Page 1
    • Redx
    • By Redx 10th Mar 17, 6:59 PM
    • 17,825 Posts
    • 22,477 Thanks
    • #2
    • 10th Mar 17, 6:59 PM
    • #2
    • 10th Mar 17, 6:59 PM
    start by reading post #2 of the NEWBIES sticky thread

    then find and read any RECENT court case defence over the last 6 months by using the forum search box and suitable search words

    there are a few CEL and EXCEL or VCS ones, UKPC as well

    its by reading those that you get an idea on your own draft

    and edit the last post to remove any comments about who was driving, excel monitor forums like this one and can easily take screenshots , so you need to be VERY WARY about putting information on the internet

    using THE DRIVER and THE KEEPER is sufficient

    and please use the RETURN KEY , like I have done , to separate your wall of text into PARAGRAPHS, so people can actually read what you have written
    Last edited by Redx; 10-03-2017 at 7:02 PM.
    Newbies !!
    Private Parking ticket? check the 2 sticky threads by coupon-mad and crabman in the Parking Tickets, Fines & Parking Board forum for the latest advice or maybe try pepipoo or C.A.G. or legal beagles forums if you need legal advice as well because this parking forum is not about debt collectors or legal matters per se
    • Coupon-mad
    • By Coupon-mad 11th Mar 17, 11:12 PM
    • 56,325 Posts
    • 69,936 Thanks
    • #3
    • 11th Mar 17, 11:12 PM
    • #3
    • 11th Mar 17, 11:12 PM
    You can also read Lamilad's threads about his two wins v Excel in court. Tell us when you have acknowledged the claim and show us your draft defence based on all the others almost exactly like it. As Redx says, the NEWBIES FAQ sticky thread post #2 is where to start (my signature tells newbies where to click, to find it).

    We win v Excel, every time I think, when a forum defence was used and the OP has then followed the correct procedures for paperwork, WS, evidence etc., and turned up at the hearing with knowledge of the issues clear in their head.
    PRIVATE PCN? DON'T PAY BUT DO NOT IGNORE IT TWO Clicks needed for advice:
    Top of the page: Home>>Forums>Household & Travel>Motoring>Parking Tickets, Fines & Parking - read the 'NEWBIES' FAQS thread!
    Advice to ignore is WRONG, unless in Scotland/NI.

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