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Blossoms17 wrote: »

Defence Statement

1. The Defendant denies that the Claimant is entitled to relief claimed in the sum of £237 or at all, for the reasons stated in the following paragraphs.

2. It is admitted that the Defendant is/was the Registered Keeper of the vehicle in question on the material date.

3. On the material date, the Defendant stopped the vehicle at a convenient point on the car park to read the signage close to the entrance and make a decision about parking but then drove off after which took 13 minutes in all.

4. On any reasonable construction, this action did not constitute 'parking'.

5. It is, therefore, denied that the Defendant was under any obligation to display a permit at any time, or to pay penalties to a third party (the Claimant) for non-display of same. There are a number of authorities which support this position.

6. The Defendant has no knowledge of whether there is any contractual arrangement between the Claimant and the owner or occupier of the land in question, or, if such a contractual arrangement exists, what the terms of that arrangement are. The Claimant is therefore required to prove that it has the necessary standing to bring this claim.

7. It is denied that a contract was formed between the Claimant and the Defendant. This is because no offer was communicated by the Claimant, effectively or at all, that was capable of acceptance by the Defendant, expressly, by conduct, or at all.

8. The Claimant’s signs are positioned in an awkward place for any driver to read all of it whilst still driving and therefore could not reasonably be expected to comply with different terms of parking claimed by the claimant. The signage is very poor. Font sizes very small also not within eye line of a driver entering the car park subsequently meaning the driver would need to get out of the vehicle to read it and there is a busy road in front of the sign. The driver would need to drive onto the car park to be safe.

9. No PCN was ever received, as The dependent was residing in York due to work commitments and it went straight to court claim and and no evidence has been presented prior to the court claim.

10. It is denied that the Claimant is entitled to the sum claimed. If, which is denied, a contract was in place between the Claimant and the Defendant and the Defendant breached a term of that contract it is denied that the Claimant's losses amount to the sum claimed. Alternatively, if, which is denied, a contract was in place between the Claimant and the Defendant under which the Defendant is liable to pay the sum claimed to the Claimant it is denied that the sum due under the contract is the sum claimed.

11. The Claimant did not serve a compliant ‘Letter Before County Claim’, on the Defendant, as mandated by the Practice Direction on Pre-Action Conduct. Further to this, the Particulars of Claim as pleaded in the N1 Claim Form are extremely sparse, and do not disclose a proper Cause of Action, but instead offer a menu of choices. As such, the Particulars do not comply with CPR 16.4, and the Court is invited to strike out the claim of its own initiative, using its case management powers.

12. The Claimant has not complied with the relevant Pre-Action Protocol. The Defendant has not had the opportunity to comply.

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

That looks OK, and if the car was only there 13 minutes do not think for one minute of paying over £200 just because this has stressed you out. Of course you don't owe any 'debt', and you didn't accept the alleged contract which is why you left after a reasonable few minutes of arriving, stopping and reading the signs then deciding to leave.

This is the only thing that worries me:

I've also sent a defence template, can I retract anything at this stage?

What do you mean you've already sent 'a defence'? If so, you can't send a shiny new one.

Redx

she says she has asked the court to disregard it or to let her retract it

hopefully the office staff at Northampton CCBC have done what she asked and discarded it

a phone call to them should find out and also find out the due date for the new defence above , so dont forget to print it , sign and date it , scan it back to laptop , save as a pdf, then email it as a pdf attachment and put your MCOL reference and Name etc in the header and email body , also adding SEE ATTACHED DEFENCE in the email body too

claxtome

Just in case you are not sure of the email address to send your defence to Northampton CCBC (MCOL) it is ->
ccbc@hmcts.gsi.gov.uk

System

@Claxtome

Email is now ccbcaq@hmcts.gsi.gov.uk for "Claim responses & directions"

ccbc@hmcts.gsi.gov.uk is the general one and anything sent there may get lost.

Contact details:

https://courttribunalfinder.service.gov.uk/courts/county-court-business-centre-ccbc

claxtome

Thanks for clarification IamEmanresu apologies.

Blossoms17 make sure you use ccbcaq@hmcts.gsi.gov.uk

Blossoms17

Hi, I sent an email photograph copy to the generic defence template which I took from the Bmpa website but asked that the court did not use it in an email straight after sending it.

Blossoms17

Hi,
I sent everything to the court in the correct format via email and received this response from them.
Thank you for your reply to the County Court claim.

Your reply is being returned to you as we have already received a response to this claim. If you wish to alter or provide a new defence you can apply to amend or substitute a defence using the N244 ‘Application Notice’. Please read this letter thoroughly before sending the application to the court as incorrectly completed applications will be returned to you.

Electronic versions of all forms referred to in this letter are available to download at https://www.justice.gov.uk/forms. When returning your application please provide a copy of the application for each defendant, a copy for the claimant and a copy for the court. Please note, an application to amend or substitute a defence is not automatically granted. The outcome of your application is at the discretion of the District Judge or court appointed Legal Advisor.

From 21st March 2016 there is a £100 court fee to process the application without a hearing or an £255.00 court fee to process the application with a hearing, payable by cheque or postal order to HMCTS or by card by calling the Helpdesk between 9am and 3:15pm. Any applications after 21st March with the previous fee will be returned. If you cannot afford to pay this fee you can check if you are eligible for help with fees by downloading the EX160A booklet. If you have already paid the application fee you can file the completed forms via email at ccbcfees@hmcts.gsi.gov.uk.

I sent the original defence in the wrong format and it was clearly not done properly. I also retracted it straight away. Any advice?

Quentin

The court look to have advised you correctly (your original defence will have been processed already and sent out to the claimant to decide whether to continue to a hearing)

Blossoms17

Oh well that's that then I guess. Having to conform to court standards of PDF files only etc. Completely wrong, they accept any format when you don't want them to ��

Coupon-mad

Send a copy to the claimant anyway...