Lease wording MIL COLLECTIONS COURT CLAIM

Redx wrote: »

did you ever name the driver or give the keeprs details to the PPC or have you ignored them all until now ?

ie:- did the PPC apply to the DVLA to get keeper details or not ?

if in doubt , ask the dvla

Thanks folks, I'll do as suggested and plow through some more posts. Never gave any details to the PPC redx so they must have got them from the DVLA. Will write to them to confirm, though presumably by post this can take a while.

Hey all,
Thanks for the help so far. I've written to the DVLA for some further info and a friend of mine with a law background has kindly penned a defence for me, but as they don't have any background in small claims/parking I wouldn't mind some extra eyes on it to check if it will suffice?

Thanks in advance!

IN THE COUNTY COURT BUSINESS CENTRE

Claim No: XXXXX


MIL COLLECTIONS LTD
Claimant

-v-

XXX XXX
Defendant



APPLICATION FOR STRIKE OUT
&
DEFENCE




Application for strike out

1. The court is referred to Rule 3.4(2)(a) of the Civil Procedure Rules (‘CPR’) which provides:

The court may strike out a statement of case if it appears to the court –

(a) that the statement of case discloses no reasonable grounds for bringing or defending the claim

2. In addition, the court is also referred to Rule 5.2 of Practice Direction 7E of the Civil Procedure Rules – Money Claim Online (‘the Practice Direction) which provides:

Detailed particulars of claim must either be –

(1) included in the online claim form but must be limited in size to no more than 1080 characters (including spaces); or

(2) served and filed by the claimant separately from the claim form in accordance with paragraph 6 but the claimant must –

(a) state that detailed particulars of claim will follows; and

(b) include a brief summary of the claim,

in the online claim form in the section headed ‘particulars of claim’.

3. As the Claimant has not specified that the particulars of claim are to follow, as per Rule 5.2(2)(a) of the Practice Direction, it is presumed that the matters set out under the heading on the Claim Form“Charge for parking on private land” are the Claimant’s particulars of claim.

4. The particulars of claim fail to outline any legal basis upon which the claim against the Defendant is brought. In particular:

i. Paragraph 2 uses the expressions “the charge” and “OFFENCE”, but fails to specify any piece of legislation, or other legal basis, which would provide a cause of action for the claim;

ii. If the claim is based upon a purported breach contract, no reference is made to any particular term, warranty or condition which has been so breached;

iii. Furthermore, if the claim is based upon a purported breach of contract, no particulars of loss are specified;

iv. Indeed, there is no reference at all to the existence of any purported contract between the Claimant and Defendant.

5. For all of the reasons set out in paragraphs 1 – 4 above, the Defendant submits that the particulars of claim fail to disclose any reasonable ground for bringing the claim, the court is asked to exercise its discretion on Rule 3.4(2)(a) to strike out the same.


Defence

6. In the event the court does not exercise its discretion to strike out the claim, the Defendant submits the following defence.

7. The Defendant denies that he is liable to the Claimant, either as alleged in the particulars of claim or at all. Save where otherwise admitted, each and every allegation in the particulars of claim is denied.

8. Not only is the Claimant required to prove the matters contained within paragraph 1 of the particulars of claim, he is put to strict proof as to the lawfulness for the purchase of any purported debt.

9. In respect of paragraph 2, no admission is made and the Claimant is put to strict proof to:

i. Adduce evidence that the Defendant was the registered keeper and/or driver of vehicle AB12 ABC; and

ii. Explain how the means of obtaining any such evidence was lawful, and in particular, that said means were compliant with Schedule 1 of the Data Protection Act 1998.

10. In the absence of the Claimant being able to demonstrate that any evidence as per paragraph 9(i) of this Defence was lawfully obtained, the Claimant is put on notice that any such evidence adduced may be argued to be inadmissible.

11. In any event, paragraph 2 of the particulars of claim are defective in that they refer to the Defendant being the registered keeper and/or Driver “at the time” but fail to specify when that time was.

12. No admission is made as to the matters contained within paragraph 3 of the particulars of claim.

13. The Claimant has failed to outline any lawful basis for the claim and the Defendant reasserts the matters set out in paragraph 5 of the application to strike out. If the Claimant specifies the legal basis upon which the claim is made, the Defendant will respond further.




Statement of truth:

I believe that the facts stated in this defence are true.


Dated:

Any thoughts?

Cheers