SCS for parking with permit!

Potatini

You need to reaad NEWBIES THREAD, POST TWO yet again

Nosferatu, I did read very, very well through all the introductory forums, studied a large number of cases and tried hard to learn something doesn't belong to me, so please understand that I'm trying my best. Hence I'm here to humbly ask for someone to lend a kind hand.

What I'm trying to do following the notes I received, is to reboot the previous defence, but I think I still need a few hints and tweaks here and there to improve it.
-Point 1, 4, 5, 8, 10 are factual and I could re-package them in a list with no sub-point, if you think they'll keep their weight.
-Point 2- Templates are bad, as Johnersh teaches, but how could I render the same concepts better?
-Point 3- Which one is the best direction to take then? As said I am confused, as I was recently suggested to be straight given the permit situation, while all the threads I went through strongly recommend the opposite (I'm editing!) Please help me with this, as I really can't figure it out.
-Point 6- I have a certificate to support this and could try get a small statement from my Doctor. I'm not sure it's relevant. Is it OK if left like this?
-Point 7- lacking information in LBC. I have to say the correspondence was not highly incomplete, so I have to be careful. That's when your legal knowledge would help immensely!
-Point 9- signage. As the car is parked with permit and in a restricted access, gated area, I'm not sure if this is completely relevant to my case. Any observations? Would you say it's worth referencing that parking without showing permit is not a breach of contract, but it's trespass and I'm surely not trespassing, as I'm authorised?
-Point 11 and 12 have been removed, thanks for the hint.
I assume I need to refer to more law in the letter. Any guidance on this?

Thank you, I really do appreciate the help given.

[Deleted User]

Nothing wrong with templates, just use them wisely and don't be afraid to delete the nonsense or padding.

Chances are if you're uncomfortable with something it's probably worth rephrasing. This ain't a dark art, but best to keep the DJs on side

Here's a starter for 10 to help you get the idea. Remember it's your case, do do tweak and play with it until it's right.:

1. The particulars of claim are poorly pleaded lacking specificity and numbered paragraphs such that the defendant cannot easily respond to them. The defendant reserves the right to file an amended defence in the event that the claimant repleading his case or seeks to advance a case which differs from the particulars as drafted.

Breach of contract

2. Insofar as the claimant's case is understood, the claimant seeks damages in relation to alleged breaches of a parking contract on the dates set out below.
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3. The claimant has not set out any contractual terms in the particulars, such that the defendant can plead to them.

4. The claimant does not state from whom he derives authority to bring proceedings in respect of land which he does not own. For the avoidance of doubt the claimant is put to proof that any contractual relationship exists between the defendant or the clsimant.

5. If, which is denied, there was such a direct relationship betxeen claimant and defendant and on each of the dates specified, the claimant is put to proof that there was any breach of contract.

6. The claimant is further put to proof that any loss or damage has been sustained and/or that damages by means of penalty terms or liquidated damages may be claimed in the sums sought or at all.

Parking event(s)

7. The defendant admits that he is permitted by his employer to park at [location]. The claimant is put to proof that the vehicle was parked on all the dates at the times specified in the particulars of claim.

8. The defendants vehicle at all material times displayed a permit on the windscreen or dashboard. The claimant is put to strict proof that no permit was displayed.

9. In the alternative, if, which is denied, no permit was displayed, it was not necessary to display a permit to establish that the defendants vehicle was authorised to be parked where it was.

10. The defendant having supplied his vehicle details to his employer and having been issued with a key fob to access a secure parking area could not have been other than authorised. The use of a permit is a tool of convenience to the claimant company and not evidence of authority to park. The claimant could (and should) have undertaken a simple check with their client hospital before pursuing the parking charge and, in any event, issuing court proceedings which the defendant avers are wholly misconceived.

Potatini

Wow, your version is PRO. Thank you
I'm nearly done rebooting the defence, I'll post it ASAP.
Thanks again for the rephrasing, it is so much better and easier for me to work around.

nosferatu1001

Hopefullyu the difference between WS and defence is now clear! The above is a set of arguments, and admit deny clauses, giving why the defendant doesnt owe anything.

A witness statement si where facts are given, and evidece to back up those statements of fact.

Potatini

Yes, I didn't initially get how brief a synthesis was I expected to provide. All clear now! Thanks, very appreciated indeed !!!128076;

nosferatu1001

It's not that, at all. Whole of course brevity is good, a defence isn't just about being brief. It's about arguing , not telling a story

Potatini

I think I'm getting there. I have my defence ready below. How does it sounds now?
Do you think I have enough there to submit it?
Some very legal sentences from nosferatu1001 were difficult for me to adapt to "my language", but hopefully they still make sense in the whole flow and the defence as a whole is solid enough.
Any idea to make it stronger would be highly appreciated as usual.
I aim in posting it out tomorrow morning. Thanks for your thoughts!

I, the Defendant, deny liability for the entirety of the claim for the following reasons:
1. The particulars of claim are poorly formulated, lacking specificity and numbered paragraphs such that the Defendant cannot easily respond to them.
The Defendant reserves the right to file an amended defence in the event that the claimant reformulates his case or seeks to advance a case which differs from the particulars as drafted.

Breach of contract

2. The Claimant is seeking damages in relation to alleged breaches of a parking contract, occurred on XX DATES XX.

3. The Claimant has not set out any contractual terms in the particulars, such that the defendant can plead to them.

4. The Claimant does not state from whom he derives authority to bring proceedings in respect of land which he does not own. For the avoidance of doubt the claimant is put to proof that any contractual relationship exists between the defendant or the claimant.

5. If, which is denied, there was such a direct relationship between claimant and defendant and on each of the dates specified, the claimant is put to proof that there was any breach of contract.

6. The Claimant is requested to proof whether any loss or damage has been sustained and/or that damages by means of penalty terms or liquidated damages may be claimed in the sums sought or at all.

Parking event(s)

7. The Defendant admits that he was permitted by his employer to park at the staff car park at St. Peter's Hospital Trust at the times and dates specified in the particulars of claim, in virtue of a fully paid permit and access fob provided by the Trust.

8. The Defendant could not have been other than authorised to use the staff car park at the location, as the vehicle's details were registered within the Trust's computerised system and the employer had issued a key fob to access a secure parking area.

9. The Defendant's vehicle at all material times displayed a permit on the windscreen or dashboard. The claimant is put to strict proof that no permit was displayed.

10. In the alternative, if, which is denied, no permit was displayed, it was not necessary to display a permit to establish that the Defendant's vehicle was authorised to be parked where it was. In fact, the use of a permit is a tool of convenience to the claimant company and not evidence of authority to park.
The claimant could (and should) have undertaken a simple check with their client hospital before pursuing the parking charge and, in any event, issuing court proceedings which the defendant avers are wholly misconceived.

Statement of Truth
I confirm that the contents of this Statement of Defence are true to the best of my knowledge and belief.

KeithP

If the Date of Issue on your Claim Form is 11th July, and you have done the AoS in a timely manner, then you have until 4pm on Monday 13th August 2018 to file your Defence.


When you are happy with the content, the Defence should be filed via email as described here:

1) Print the Defence.
2) Sign it and date it.
3) Scan the signed document back in and save it as a pdf.
4) Send that pdf as an email attachment to CCBCAQ@Justice.gov.uk
5) Just put the claim number and the word Defence in the email title, and in the body of the email something like 'Please find my Defence attached'.
6) Log into MCOL after a few days to see if the Claim is marked "defended". If not, you son should chase the CCBC until it is.
7) Wait for the Directions Questionnaire and come back here.

Potatini

Thank you so much Keith & Nosferatu.
If it looks ok to you, then I'll know it's a good letter.
I'll read it again in the morning, then off it goes.
I admit I'm feeling a bit better, now that the first part is done...And blessed by your help! :T
I'll be in touch with a follow up.
Cheers all!