PCM ticket in February 2018/Gladstone Solicitor

KeithP

You would be wise to remove the Claim Number from your most recent post.

Le_Kirk

Is that a Defence or a Witness Statement (WS)? It starts off as a defence and ends as a WS!

Coupon-mad

Gladstone Solicitors Limited
And
Mrs Dain.....

You are not being sued by a Claimant called Gladstones!

That IS NOT a defence.

Can you just copy & adapt bargepole's one from the NEWBIES thread, please before we all keel over?

Daintai

Is this the example you are referring to?

Coupon-mad

Yes those are the two examples and most posters manage to use them as a basis for their own defence, in your case v PCM as the Claimant.

Show us your draft based on that sort of wording. Copying it, in fact.

This is really not difficult.

Daintai

Hi Coupon-mad

Please have a look, thank you
The County Court
Claim No: XXXXXXX
Between
PCM Ltd (Claimant)

-and-

Mrs Dain (Defendant)

____________
DEFENCE
____________

1. The Defendant was not the registered keeper or driver of vehicle on the material date. The Defendant denies that the Claimant is entitled to relief in the sum claimed, or at all.

2. The facts of the matter are that the Defendant is a resident at premises and has continued to hold a valid parking permit for car park for the last 8 years, but was not present in the UK at the time of incident when it occurred.

3. Accordingly, it is denied that the Defendant breached any of the Claimant's purported contractual terms, whether express, implied, or by conduct.

4. The Claimant is put to strict proof that it has sufficient interest in the land or that there are specific terms in its contract to bring an action on its own behalf. As a third party agent, the Claimant may not pursue any charge, unless specifically authorised by the Housing Association L&…. The Defendant has the reasonable belief that the Claimant does not have the authority to issue charges on this land in their own name, and that they have no right to bring any action regarding this claim.

5. The Defendant has the reasonable belief that the Claimant has not incurred £160 debt. Since I am neither the register keeper nor driver nor the hirer of the car. Right of rectification data subjects entitle me to ask a controller to rectify any errors in their personal data. Rec.39 59,65 73; Art.5(1)(d),16.

6. In summary, the Claimant's particulars disclose no legal basis for the sum claimed, and the Court is invited to dismiss the claim in its entirety.

Statement of Truth:

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

Name
Signature
Date

Can i also point out that i got point number 5 from either yourself or KeithP . Would it tie into what i have to say?

Coupon-mad

Yes that looks far better!

The only thing missing is to mention that you believe that no contravention occurred and put the Claimant to strict proof, and that as a resident you are aware that the signs are sparse and unlit and incapable of forming any contract with a visiting driver.

You are missing a comment on signage and it's very important to include it.

You could also ask at the end, before your statement of truth, for a Judge to strike the claim out , given that you are not the driver nor the registered keeper. Residents of estates cannot be held personally liable for the actions of a driver on private land, not even if they appeal and/or hold a permit. They are still not the liable party in law.

Should the Court not decide to strike the case out as having no prospects of success against a non-driver/non-keeper resident, you ask that the Judge orders the Claimant to:

(a) reply to the defence, explaining how they are holding you liable, and/or

(b) attend - with the defendant, at her local court - a short preliminary hearing to dismiss the claim if the claimant cannot show the above, and no other aspects of the case will need any scrutiny. With the defendant awarded her costs when the claim fails.

Daintai

Coupon-mad

Please have a look, I also wanted to point out number 5, It would seem I am defending someone else and not fully explaining that I need to be removed from being wrongfully accused bc I was not in the UK. Or it doesnt matter? Also in 7b should i keep her or change it to I am?


The County Court
Claim No: XXXXXXX
Between
PCM Ltd (Claimant)

-and-

Mrs Dain (Defendant)
____________
DEFENCE
____________

1. The Defendant was not the registered keeper or driver of vehicle on the material date. The Defendant denies that the Claimant is entitled to relief in the sum claimed, or at all.

2. The facts of the matter are that the Defendant is a resident at premises and has continued to hold a valid parking permit for car park for the last 8 years, but was not present in the UK at the time of incident.
3. I believe that no contravention occurred, and as a resident I am aware that the signs are sparse and unlit and incapable of forming any contract with a visiting driver.

4. Accordingly, it is denied that the Defendant breached any of the Claimant's purported contractual terms, whether express, implied, or by conduct.

5. The Claimant is put to strict proof that it has sufficient interest in the land or that there are specific terms in its contract to bring an action on its own behalf. As a third party agent, the Claimant may not pursue any charge, unless specifically authorised by the Housing Association L&…. The Defendant has the reasonable belief that the Claimant does not have the authority to issue charges on this land in their own name, and that they have no right to bring any action regarding this claim.

6. The Defendant has the reasonable belief that the Claimant has not incurred £160 debt. Since I am neither the register keeper nor driver nor the hirer of the car. A Right of rectification data subjects entitle me to ask a controller to rectify any errors in their personal data. Rec.39 59,65 73; Art.5(1)(d),16.

7. Should the Court not decide to strike the case out as having no prospects of success against a non-driver/non-keeper resident, Can the Judge order the Claimant to:

(a) reply to the defence, explaining how they are holding me liable, and/or
(b) attend - with the defendant, at her local court - a short preliminary hearing to dismiss the claim if the claimant cannot show the above, and no other aspects of the case will need any scrutiny. With the defendant awarded her costs when the claim fails.

8. In summary, the Claimant's particulars disclose no legal basis for the sum claimed and I would kindly ask for a Judge to strike the claim out given that I am not the driver nor the registered keeper. Residents of estates cannot be held personally liable for the actions of a driver on private land, not even if they appeal and/or hold a permit. They are still not the liable party in law.

Statement of Truth:

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

Name
Signature
Date

Daintai

Hi KeithP/ Le_Kirk,

Am I in the clear to go ahead and save this as a PDF sign and scanned to the email CCBCAQ@Justice.gov.uk?

Redx

run a spell checker through it , a couple of errors in it for a start