Received a defence with wrong name on it - Small claims

**Apollo14LMP** · 3rd October 2020, 10:30:AM

Hi Just wondering if anyone can help regarding above - as well as having my name my daughters name spelt wrong, the defence has other faults.

I am asking the court to strike out the defence in regard to above. The defence is also arguably incoherent. It has no meaningful defence. It generally consists of ! "This is outside our knowledge and is denied"

There are supposed to be 11 pages - however I only received 6. They are numbered 1 3 5 7 9 11 - Paragraphs are all consequently miss numbered and when I go from page to page the content does not flow.

The defence is also addressed to "Chester magistrate's court"

Being polite it is one big pigs ear .... am I likely to get their defence struck out. I believe that a first time visitor here could have done better.

The defendant is also the data controller we are suing - part of their largely unintelligible defence admits that it was they who requested permission from the landlord of the location that they installed the CCTV we complain about. They are trying to say that the people who installed the CCTV are the data controllers. If that were the case it would be them asking for permission to install the CCTV rather than the defendant. They are domestic violence advisers and the CCTV was placed on a neighbouring house to protect an alleged "victim" - so the defendant would ahve been the data controller responsible for it.

So I have also asked the court to strike out the case as they have no real prospect of defending it.

Also if this goes wrong what could it cost me - my N244 application was free.

Thank you so much .... .

**Apollo14LMP** · 5th October 2020, 17:34:PM

Hi all, I would appreciate any input - here-

Before I submit - over the weekend I went through the paper trail I got from the court. I have found that

The bundle I received has pages numbered 1 – 11 but there are in fact six pages. Page 1 – numbered 1-3, Page 2 – absent, Page 3 numbered 11 -17, Page 4 – absent, Page 5 numbered 28 -38, Page 6 is absent, Page 7 – numbered 48 – 56, Page 8 absent, Page.9. Numbered 66 – 76, Page.10 absent, Page.11. numbered 82 -85. It is clearly incomplete, and impossible to understand or follow the defence provided.

Statement was not signed and not compliant ... so

It is also noted that the defence is not verified by a compliant Statement of Truth and is not even signed and is any case liable to be struck out pursuant to CPR 22.2.

Can anyone tell me if the Judge will allow this defendant time to resubmit their defence ...

Based on the facts above the wrong name etc is likely to get struck out ?

Thanks

Received a defence with wrong name on it - Small claims