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  • FIRST POST
    • Trabar
    • By Trabar 26th Apr 18, 2:52 PM
    • 16Posts
    • 2Thanks
    Trabar
    Excel defence stage
    • #1
    • 26th Apr 18, 2:52 PM
    Excel defence stage 26th Apr 18 at 2:52 PM
    Hi, I have followed the instructions aimed at newbies for LBC and checked the examples provided. I may be mistaken but they seem pretty specific - and I was wondering whether any regulars could provide some helpful pointers re my own situation?

    After reading up on this forum, I have not responded to various letters. The charge has now gone up from 100 to 160 or 192 depending upon circs. I received LBC directly from Excel and was supposed to pay within 30 days. If my response is too late will they just automatically go to court? No photo evidence has been provided in their communication.

    (Thread title now edited).
    Last edited by Trabar; 24-07-2018 at 9:17 PM. Reason: Circs changed re stage of process
Page 2
    • Trabar
    • By Trabar 11th Aug 18, 12:54 PM
    • 16 Posts
    • 2 Thanks
    Trabar
    If there are only two people insured to drive a car, can this cause difficulties for the keeper's defence at court?
    • Quentin
    • By Quentin 11th Aug 18, 1:00 PM
    • 36,834 Posts
    • 20,960 Thanks
    Quentin
    No.

    It's irrelevant.

    I could legally drive it with your permission using my own insurance as could anyone who has driving other cars cover
    • Trabar
    • By Trabar 11th Aug 18, 1:08 PM
    • 16 Posts
    • 2 Thanks
    Trabar
    Thanks Quentin. Is there any advice available for post no. 20? I must be missing something because trying locate a Simon Renshaw Smith / Excel defence for overstay is proving difficult.
    • KeithP
    • By KeithP 11th Aug 18, 1:52 PM
    • 8,617 Posts
    • 8,486 Thanks
    KeithP
    When is your Defence due?


    Edited to add:
    Please be aware that by answering that question you will be giving away exactly the same information as asked for in post #17.
    Last edited by KeithP; 11-08-2018 at 1:54 PM. Reason: Addition
    .
    • Trabar
    • By Trabar 11th Aug 18, 2:07 PM
    • 16 Posts
    • 2 Thanks
    Trabar
    Keith thanks for asking.. issue was 16/7.
    • KeithP
    • By KeithP 11th Aug 18, 2:12 PM
    • 8,617 Posts
    • 8,486 Thanks
    KeithP
    With a Claim Issue Date of 16th July, and the AoS having been done in a timely manner, you have until 4pm on Monday 20th August 2018 to file your Defence.

    That is just over one week away. Do not miss this deadline.


    When you are happy with the content, the Defence should be filed via email as described here:

    1) Print the 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, you son should chase the CCBC until it is.
    7) Wait for the Directions Questionnaire and come back here.
    .
    • Trabar
    • By Trabar 11th Aug 18, 2:25 PM
    • 16 Posts
    • 2 Thanks
    Trabar
    Thanks very much Keith, I will follow instructions once I work out how to do the actual defence. Not having to hand previous paperwork from Excel, e.g. NTD / NTK, is hampering things. I'm seeing other people's defences and wondering whether I could use some of their points but cannot cross reference with previous paperwork to check the relevance.
    • Trabar
    • By Trabar 15th Aug 18, 10:17 PM
    • 16 Posts
    • 2 Thanks
    Trabar
    Can anyone please advise which of these is the most relevant when making reference to pre action protocols?

    (1) https://www.justice.gov.uk/courts/procedure-rules/civil/rules/pd_pre-action_conduct

    (2) https://www.justice.gov.uk/courts/procedure-rules/civil/pdf/protocols/debt-pap.pdf
    • Coupon-mad
    • By Coupon-mad 15th Aug 18, 10:25 PM
    • 60,025 Posts
    • 73,177 Thanks
    Coupon-mad
    The second one but don't get bogged down in that; it doesn't win a case.
    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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