PCN October 2011

[mystery1]

Re: PCN October 2011

If you email [MENTION=49370]Kati[/MENTION] perhaps she could kindly email it to you. It should open without issue ?

M1

[Kati]

Re: PCN October 2011

try one of these instead (although I'd happily email it to you too ) xx

[Merlin77]

Re: PCN October 2011

Hello Mystery i managed to open the file ok so are all those points suitable for my case? and as i have 2 obviously i have to write another one and does it matter if it's the same format? It's just different dates but both before 2012.
Is that letter enough for me to send or should i mention the 'attempted double recovery' by Excel as someone pointed out? I really don't know what i am doing, whether i have to send it through the MCOL start defence tab or email or post, as i was not the driver on either date i feel there is not much to say really.
How much time have i got left?
Thank you again ��

[mystery1]

Re: PCN October 2011

are all those points suitable for my case?

I believe so.

as i have 2 obviously i have to write another one and does it matter if it's the same format

Shouldn't.

Is that letter enough for me to send or should i mention the 'attempted double recovery' by Excel as someone pointed out?

It shouldn't matter but you can add that as number 7 and move the number 7 i have to number 8.

I really don't know what i am doing, whether i have to send it through the MCOL start defence tab or email or post, as i was not the driver on either date i feel there is not much to say really.

I'd email it. The witness statement will be where you make the "i wasn't the driver" case (the court will need you to say why you know this, probably). We have defended as such so it's simply a case of getting the court to believe you weren't and the job is done.

M1

[Merlin77]

Re: PCN October 2011

Thanks M
When i send this document and it goes in an email does it have to be sent as a pdf file? and regarding the format does it have to be typed out as if it just left the solicitors office eg. double line spacing and headings and bullet points etc as pointed out on other sites? or can it be sent in letter form as per your example?
(sorry for being so dull just a Granny here not a Legal Secretary )
Thanks

[mystery1]

Re: PCN October 2011

I can't remember but i think the RTF format that it is in is ok. Phone the court and ask for clarification, the email address and also what information goes in the subject line of the email.

M1

[ostell]

Re: PCN October 2011

I prefer not to send anything in a format that can be easily modified or corrupted, I send in PDF. There are several free PDF printers available. I have been using Bullzip PDF for quite some time until I upgraded to Windows 10 which includes a PDF printer as standard. Select the PDF printer as your printer and a PDF file is created.

[Merlin77]

Re: PCN October 2011

Thank you both Ostell and Mystery but didn't realise there was so much to all this i thought i would just have to write a defence perhaps appear in court and that was it!!
If the defence is sent in an email do you get some sort of confirmation they have received it as emails are known to go missing and where you mentioned Ostell on the other forum about a 'bundle' you prepared well i don't know what bundle i would have as you can see by the file i am to more or less copy that Mystery has uploaded for me to edit to suit it's not much and to be honest i don't have a lot to say as i wasn't the driver and they have no proof of that on either occasion.
As well as sending the defence in an email i have to have print outs as well for myself and the courts too?
I have been familiarising myself with the procedure of what happens next and so on but didn't think there was no much to do.

[mystery1]

Re: PCN October 2011

You should get an email confirming receipt.

Your bundle will contain your defence, witness statement, any pictures etc You only NEED 1 but it's best practice to have 3.

Your defence that you weren't driving relies upon you being believed about not being driver. It's not a complicated case, hence there isn't much. The burden of proof is the claimants so when you denied being driver they instantly had an issue as it is hardly ever the case they can prove otherwise even if it wasn't in fact the case (but that would be a bad spot to be in if anyone was ever caught in that lie).

Next step will be a directions questionnaire which is essentially to allocate to small claims track and your local court. Pretty straight forward.

M1

[Merlin77]

Re: PCN October 2011

Thank you M again but why would i need a picture as if i wasn't the driver and someone had borrowed car then why would i need a picture and of what?

[mystery1]

Re: PCN October 2011

Well if, at the time, you were on board a luxury cruise ship and took time stamped photos you could have used them to prove you weren't driving, for example.

It's not a mandatory requirement to have pictures.

M1

[Merlin77]

Re: PCN October 2011

Hello Mystery
Just wanted to ask if someone borrowed my car and i was not present then the paragraph below on the example you uploaded for me, well do I still need to leave that in? Is that part relevant to my case?

6. The claimant is put to strict proof that legible signs made any parking terms clear to a normal person. Excel v Cutts shows this was not a standard tactic for the claimant around this time. Parking Eye v Beavis confirms they must be clear and concise.

[mystery1]

Re: PCN October 2011

Yes.

M1

[Merlin77]

Re: PCN October 2011

I believe so.



Shouldn't.



It shouldn't matter but you can add that as number 7 and move the number 7 i have to number 8.



I'd email it. The witness statement will be where you make the "i wasn't the driver" case (the court will need you to say why you know this, probably). We have defended as such so it's simply a case of getting the court to believe you weren't and the job is done.

M1

Hi Mystery
When does the Witness Statement go in? Will upload the defence tomorrow have had problems with the pdf programme but sorted now.
Thanks

[mystery1]

Re: PCN October 2011

Months away. Usually about 2/3 weeks before trial.

M1