Court Claim - UKPC / SCS LAW - DEFENCE PENDING IMMEDIATE SUBMISSION

namiku

Defence removed

Coupon-mad

DEFENCE

[STRIKE]STATEMENT[/STRIKE]

________________________________________

[STRIKE]STATEMENT OF DEFENCE[/STRIKE]
1. [STRIKE]I am the defendant in this matter.

2.[/STRIKE] It is admitted that the Defendant is the registered keeper of the vehicle in question. However, the Defendant was not the driver and for the reasons stated below, denies that he is liable to the Claimant either as alleged in the Particulars of Claim or at all. Each and every allegation in the Particulars of Claim is denied.

as will be evidenced from medical records and could have not been possibly driving

should be:

could not possibly have been

The Claimant’s business model is solely driven by the recovery of penalty fees. Strict proof is required that there is an assignment of contractual rights leading from the landowner to KBT Cornwall Ltd T/as Armtrac Security Services.

Pardon? Check what you copy & paste!

23. The signage provides for a parking charge of £60 if the terms and conditions of parking are breached. The Claimant seeks £120 which is an extravagant and unconscionable penalty, and therefore [STRIKE]unenforceable[/STRIKE] an unrecoverable bare attempt at 'double recovery' which is a gross abuse of process.

30. I believe that the facts stated in this Witness Statement are true.

should be:

The defendant believes that the facts stated in this defence are true.

namiku

Coupon-mad wrote: »

should be:


Pardon? Check what you copy & paste!



should be:

Thank you! I have updated the statement.

I also want to add something about the costs and the claimant having to prove them but couldn't find the right thing. Any advice from someone where to look or what to use?

Further on that I want to say something about the offer to pay with a discount that is 1. not available to the keeper and 2. this would constitute cost for the agent since they are willing to accept this payment initially so there is no justification to add another £30 on top just because the payment is not made within a select timeframe as that would be considered a fine, and if the claimant disagrees then they should be made to prove this.

namiku

I have also made these changes if someoen could comment please:

4. There was no compliant “Letter Before Court Claim”, under the Practice Direction, meaning the Defendant could not compile a Formal Response. This is in direct contradiction with paragraph 7 of the particulars where the Claimant’s solicitor states ‘The Claimant has complied with the requirements of the Pre-Action Protocol for Debt Claims’ and the Defendant believes that this is a deliberate attempt to mislead the court. The Defendant invites the Claimant to provide proof of their compliance.

25. The Defendant also disputes the amount of £60 claimed on each Notice to Keeper as actual costs and invites for the Claimant to be put to strict proof to show how each of these £60 costs have been incurred. By way of liquidated damages the maximum amount that could possibly be due to the landowner in the event that all conditions to form a contract were met would be £20 for 7 consecutive of parking, however as there was no period of observation or period of parking specified contrary to Schedule 4 of PoFA 2012, damages to the land owner simply cannot be determined therefore a £600 or even a £300 charge to the Defendant would be extremely extravagant and unconscionable in that it is disproportionate to the Claimant’s interest, and disproportionate to the highest level of damages that could possibly arise from the Defendant’s alleged breach of contract.

28. The Defendant invites the court to strike out the claim, due to no cause of action nor prospects of success.

Statement of Truth
29. The Defendant believes that the facts stated in this defence are true and the Defendant is not liable for the sum claimed, nor any sum at all.

Le_Kirk

£20 for 7 consecutive of parking

Not sure what word is missing here, hours, days minutes?

Coupon-mad

By way of liquidated damages the maximum amount that could possibly be due to the landowner in the event that all conditions to form a contract were met would be £20 for 7 consecutive of parking,

And how do you work that out?

namiku

Le_Kirk wrote: »

Not sure what word is missing here, hours, days minutes?

Oops it's supposed ot say days, thanks!

Coupon-mad wrote: »

And how do you work that out?

It's on the Trusts website:

Parking charges
The following charges apply at Amersham, Stoke Mandeville and Wycombe hospitals. (Please note prices changed on 20 November 2017):

Up to 30 mins FREE

30 mins to 2 hrs £3.50

2 to 3 hrs £5.00

3 to 4 hrs £6.50

4 to 24 hrs £9.00


Visitors of patients can purchase a weekly ticket of £20 for 7 consecutive days on completion of a form available from the ward.We also offer concessionary parking:

Coupon-mad

Ah, you should keep that as evidence for later.

Your point #19 is unreadable. You need to chop it down to 4 or 5 lines and/or split it, by putting 19.1 then 19.2, etc.

Then email that signed/dated defence as per KeithP's various posts, to the CCBC.

namiku

Coupon-mad wrote: »

Ah, you should keep that as evidence for later.

Your point #19 is unreadable. You need to chop it down to 4 or 5 lines and/or split it, by putting 19.1 then 19.2, etc.

Then email that signed/dated defence as per KeithP's various posts, to the CCBC.

Ok I will split 19.

So should I keep point 25 still and then present the evidence from the trusts website later, or do I need to remove it completely that 7 days cost £20?

I'm due to submit the defence this morning.

nosferatu1001

You have until 4pm

I would keep in that 7 days costs £20.