Preparing defence for County Court

MA61

Hi all


I have consulted these boards and benefitted greatly from advice up to this stage. My court date is not much more than 2 weeks away. I called the court last week and was told that the claimant had paid the court fee so the hearing would be going ahead and that I should submit any further evidence two weeks in advance.


Is it okay to start posting here with a view to preparing well for the big day? Is there anything specific which would help please? Or should I just start giving a background, details of correspondence and a copy of my hastily put together written defence, along with what I aim to rely on (which isn't an awful lot, if I am being honest )


I have winged it up to now and one of the regulars on here kindly said that I should wing it no longer as they were there to help. I am so very grateful for both the practical advice and moral support received until now!


Thanks as ever
A

safarmuk

Yep, post up here the original situation that caused this claim along with how you are defending this (as the Registered Keeper or the Driver).

Also let people know what you have submitted and when you did it and then post your defence up here so it can be reviewed (just redact all identifiable information like VRN, Case Number, Name, PCN Number, Address etc. etc.)

Once it's up people with good knowledge will hopefully be able to give you some advice

Lamilad

My court date is not much more than 2 weeks away

As Safarmuk's advice - I'd get a wriggle on if I were you. You've left this very late.

Coupon-mad

MA61 wrote: »

Hi all


I have consulted these boards and benefitted greatly from advice up to this stage. My court date is not much more than 2 weeks away. I called the court last week and was told that the claimant had paid the court fee so the hearing would be going ahead and that I should submit any further evidence two weeks in advance.


Is it okay to start posting here with a view to preparing well for the big day? Is there anything specific which would help please? Or should I just start giving a background, details of correspondence and a copy of my hastily put together written defence, along with what I aim to rely on (which isn't an awful lot, if I am being honest )


I have winged it up to now and one of the regulars on here kindly said that I should wing it no longer as they were there to help. I am so very grateful for both the practical advice and moral support received until now!


Thanks as ever
A

Read post #2 of the NEWBIES thread as you must file your WS & supporting evidence this week. See what to do, and examples, there.

Show us what your defence said, please, and what this is all about.

MA61

Thanks for helpful replies.
Yes I have left it late - it's been a tough time lately (reasons I won't go into) and I am barely keeping up with this sort of thing

I will go and read that link straight away, and below is a copy of my defence (which is probably dreadful and has made me lose before I have even started ):

[FONT=&quot]1. I am the Defendant, XXXX , DOB XXXX, and reside at XXXX and it is admitted that I was the driver of the vehicle on the day of this event.

2. Save as specifically admitted in this defence the Defendant denies each and every allegation set out in the Particulars of Claim, or implied in Pre-action correspondence.

Preliminary matters:

3. The claimant failed to include a copy of their written contract nor any detail or reason for - nor clear particulars pertaining to - this claim (Practice Directions 16 7.3(1) and 7C 1.4(3A) refer).

4. The Particulars of Claim (PoC) do not meet the requirements of Practice Direction 16 7.5 as there is nothing which specifies how any terms were breached. Indeed the PoC are not clear and concise as is required by CPR 16.4 1(a) and CPR 1.4. It just vaguely states “parking charges” which does not give any indication of on what basis the claim is brought, for example whether this charge is founded upon an allegation of trespass or 'breach of contract', so I have had to cover all eventualities and this has denied me a fair chance to defend this in an informed way.[/FONT]

[FONT=&quot]5. The Letter Before Claim sent by the Claimant’s solicitors to the Defendant were not compliant with the Practice Direction on Pre-action Conduct and Protocols, specifically at 2.1 (2), (3); 2.2 (1),(2) and 2.3 (1). The defendant wrote to Claimant’s solicitors twice (on 21 September 2016 and 21 December 2016) pointing out deficiencies in their paperwork which rendered them non-compliant with the relevant Practice Direction and requesting clarification but no response to the Defendant’s correspondence was ever received.[/FONT]

[FONT=&quot] 6. The Claimant’s solicitors are known to be a serial issuer of generic claims similar to this one, with no diligence, no scrutiny of details nor even checking for a true cause of action. HMCS have identified over 1000 similar sparse claims. I believe the term for such conduct is ‘roboclaims’ which is against the public interest, unfair on unrepresented consumers and parking companies using the small claims track as a form of aggressive, automated debt collection is not something the courts should be seen to support. On the basis of the above, I request the court strike out the claim. [/FONT]

[FONT=&quot] In further support of there being a want of cause of action:[/FONT]

[FONT=&quot] 7. It is submitted that the Claimant is merely an agent acting ‘on behalf of’ the landowner who would be the only proper claimant. Strict proof is required of a chain of contracts leading from the landowner to this Claimant, to allow them the right to form contracts and to sue in their name. [/FONT]

[FONT=&quot] 8. Even if this is produced, it is submitted that there is no contract offered to drivers not displaying a permit, so alleged 'unauthorised' parking (denied) can only be an event falling under the tort of trespass. [/FONT]

[FONT=&quot] 9. As was confirmed in the Beavis case, ParkingEye could not have claimed any sum at all for trespass, whereby only a party in possession of title in the land could claim nominal damages suffered (and there were none in this material case).[/FONT]

[FONT=&quot] 10. It is submitted that the conduct of the Claimant in pursuing this claim is wholly unreasonable and vexatious. As such, I am keeping a note of my wasted time/costs in dealing with this matter. [/FONT]

[FONT=&quot] 11. The court is invited to strike out the claim, due to no cause of action nor prospects of success.[/FONT]

[FONT=&quot] 12. The facts and information in this defence are true and the Defendant is not liable for the sum claimed, nor any sum at all.[/FONT]

[FONT=&quot]I believe the facts contained in this Defence Statement are true.[/FONT]

I aim to get my papers together tonight (can dedicate the rest of the evening to this if need be). Note that I have never actually been told what this relates to (although have been provided a date (in 2014) a location and a PCN number reference) nor has any evidence ever been provided of any breach. All my correspondence has been ignored by Gladstone's (redacted copies of which I am happy to provide if it helps).

Many many thanks in advance for your help and support.

MA61

One quick query 'at least 14 days before'. E.g. let's say the hearing date was 30 May (which it isn't) - would 4pm today be the deadline? And can I file by email?

Thank you

MA61

I have read the various posts and I think I am pretty clued up (famous last words). This is what I intend to submit:

• A witness statement
• Copies of all correspondence between myself and the claimant, including proofs of posting (which I need to track down tonight).

Main thrust of my defence is that I was sent a demand for money with no evidence or any other justification, and all requests I have made for such information have been completely ignored.

I do know that this purported offence happened around the time I was moving, so correspondence may have gone astray, but they should have provided the evidence in their correspondence last year when they decided to re-open this 2 years on. I cannot be expected to remember an event (i.e. parking in a particular placce) which at the time was unremarkable in Autumn 2014 can I?

Grateful for any thoughts, thank you!

Regards
A
I don't know if this is a particularly strong defence, but it is all I have at present.

Coupon-mad

MA61 wrote: »

One quick query 'at least 14 days before'. E.g. let's say the hearing date was 30 May (which it isn't) - would 4pm today be the deadline? And can I file by email?

Yes it would be.

Best not to file the Court's copy by email, better set out in a nice file to get the Judge onside. Email the claimant's copy though!

This is what I intend to submit:

A witness statement
Copies of all correspondence between myself and the claimant, including proofs of posting (which I need to track down tonight).

Yes, but I am concerned as to what your defence actually is...there are always defence points:

e.g.

unreadable signage; no contract formed; the POFA/no keeper liability/no driver identified; no landowner authority for this third party to have any standing or right to sue in their own name/make contracts with drivers in their name.

MA61

Coupon-mad wrote: »

Yes it would be.

Best not to file the Court's copy by email, better set out in a nice file to get the Judge onside. Email the claimant's copy though!


Yes, but I am concerned as to what your defence actually is...there are always defence points:

e.g.

unreadable signage; no contract formed; the POFA/no keeper liability/no driver identified; no landowner authority for this third party to have any standing or right to sue in their own name/make contracts with drivers in their name.

Thanks for this useful pointer. I don't really know where to start though - as they have provided no evidence or information for why they are claiming the money? If it is in relation to what I think it is, then I would refer to this part of my defence statement:

[FONT=&quot]7. It is submitted that the Claimant is merely an agent acting ‘on behalf of’ the landowner who would be the only proper claimant. Strict proof is required of a chain of contracts leading from the landowner to this Claimant, to allow them the right to form contracts and to sue in their name. [/FONT]
[FONT=&quot] [/FONT]
[FONT=&quot] 8. Even if this is produced, it is submitted that there is no contract offered to drivers not displaying a permit, so alleged 'unauthorised' parking (denied) can only be an event falling under the tort of trespass. [/FONT]

Redx

have a look at the GLADSTONES standard defence mentioned on here lots of times, thats a good reference to start drafting your own defence , even with no POC

Coupon-mad

If it's a residential case - e.g. a block of flats where a resident had a right to park already - then a defence needs to adduce the Jopson appeal case, PACE v Noor, etc., (and used later as exhibits).

If yours is like that, search the forum for 'Jopson defence' to find others to crib from. You can use them in your skeleton argument.