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Hello,
I have just had a CCJ (for a PCN) set aside. I must now file a defence, I have sent notices of conditional acceptance to the claimant asking for proof of a legitimate contract, which they have not provided.
these are the particulars of claim:
1. The Defendant(D) is indebted to the Claimant (C) for a Parking Charge(s) issued to vehicle ******** at Marshgate Drive hertford,hertfordshire,sg13 7jy
2. The PCN details are (DATE & NUMBER)
3.The PCN(s) was issued on private land owned or managed by C. The vehicle was parked in breach of the Terms on Cs signs (the Contract), thus incurring the PCN(s).
4. The driver agreed to pay within 28 days but did not. D is liable as the driver or keeper. Despite requests, the PCN(s) is outstanding. The Contract entitles C to damages.
AND THE CLAIMANT CLAIMS 1. £170 being the total of the PCN(s) and damages. 2. Interest at a rate of 8% per annum pursuant to s.69 of the County Courts Act 1984 from the date hereof at a daily rate of £0.02 until judgment or sooner payment. 3. Costs and court fees
I am just stuck on the format of how to file the defence, is it a N9B form? Also, what I should include i.e. burden of proof that I was the driver? that a lawful contract (not deemed) exists? does it have to be set out in a legal format?
Any help with this would be much appreciated!
Thanks in advance!
I have just had a CCJ (for a PCN) set aside. I must now file a defence, I have sent notices of conditional acceptance to the claimant asking for proof of a legitimate contract, which they have not provided.
these are the particulars of claim:
1. The Defendant(D) is indebted to the Claimant (C) for a Parking Charge(s) issued to vehicle ******** at Marshgate Drive hertford,hertfordshire,sg13 7jy
2. The PCN details are (DATE & NUMBER)
3.The PCN(s) was issued on private land owned or managed by C. The vehicle was parked in breach of the Terms on Cs signs (the Contract), thus incurring the PCN(s).
4. The driver agreed to pay within 28 days but did not. D is liable as the driver or keeper. Despite requests, the PCN(s) is outstanding. The Contract entitles C to damages.
AND THE CLAIMANT CLAIMS 1. £170 being the total of the PCN(s) and damages. 2. Interest at a rate of 8% per annum pursuant to s.69 of the County Courts Act 1984 from the date hereof at a daily rate of £0.02 until judgment or sooner payment. 3. Costs and court fees
I am just stuck on the format of how to file the defence, is it a N9B form? Also, what I should include i.e. burden of proof that I was the driver? that a lawful contract (not deemed) exists? does it have to be set out in a legal format?
Any help with this would be much appreciated!
Thanks in advance!
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