Claim form Received - Help

Skydiver7878

Understand you are all real busy Can someone have a look at my defence below I understand that I have until 4pm Monday but would appreciate any feedback

KeithP

That's right, 4pm Monday is your deadline.

There are very few people here willing, or able, to comment on a draft Defence.

Some of those will have better things to do at a weekend.

You've had four weeks to get a draft up here, but you are now only four days from your deadline.

How does your Defence compare to those linked from post #2 of the NEWBIES FAQ sticky thread?

Coupon-mad

4.2. It is contended that the Claimant failed to alert regular local visitors

Were you a regular local visitor and was it a new regime, since last time you were there?

I see the defence is based on the Odeon hidden iPad one written a few months ago. So it is relevant to your case, but a bit long and I would remove the entire section about illegality/the Andre Agassi case.

Skydiver7878

Thank you so much Coupon-mad No I'm not a regular I was trying to get in the red hand rule bit but can see my error and will get straight on this now.

Skydiver7878

OK removed as suggested para 11, 11.1 Is the below still relevant
"4.2. It is contended that the Claimant failed to alert visitors to an unexpected obligation to use a small terminal, smaller than an iPad, at the Hotel or risk £100 penalty. The Claimant is put to strict proof, with the bar being set by Denning LJ in J Spurling Ltd v Bradshaw [1956] in the well-known 'Red Hand Rule' where hidden/unknown terms were held to be unenforceable: ''Some clauses which I have seen would need to be printed in red ink...with a red hand pointing to it before the notice could be held to be sufficient."

bargepole

Your Defence is far too long winded, contains subordinate paragraph numbering which is not necessary, and contains case law citations which should not be included at this stage.

Most of what you have written belongs in the Witness Statement and/or Skeleton Argument, both of which come at a much later stage.

This is all you need for now:

1. The Defendant denies that the Claimant is entitled to relief in the sum claimed, or at all.

2. On the material date, the Defendant was invited to the Hotel Ibis for an interview, at a location he had not previously visited. Authorisation to park is obtained by entry of vehicle registration number into a small terminal inside the Hotel. However, this is not brought to the attention of Hotel patrons either by the Claimant's signage, or by any notices in the Hotel reception area.

3. The conditions of parking, as stated on the Claimant's signage, are that parking is free for persons who are patrons of the Hotel. The Defendant was a patron, and has evidence to prove this. The Defendant did not, therefore, breach any contractual terms, whether express, implied, or by conduct.

4. Accordingly, the Claimant has no cause of action in this matter, or in the alternative, the Claimant's failure to convey the full terms and conditions of parking on its signage, render any contractual liability void for uncertainty.

5. The Court is invited to dismiss this claim in its entirety, and should the matter proceed to trial, to award the Defendant his costs pursuant to CPR 27.14.

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

Signature
Print Name
Date

Skydiver7878

Thank you Sir will follow your lead Only thing I need to reword is para 2 as the defendants nephew was the invited party struggling with the wording.

Thinking on the lines of

2. On the material date, the Defendant was in possession of an invite to the Hotel Ibis for an interview,

Skydiver7878

So defence submitted on time shows on MCOL
Thank you to all the regulars who have assisted me so far now back to the newbies thread and await next stage

KeithP

I've just updated post #10 above to include this:

• Do not be surprised to receive a copy of the Claimant's Directions Questionnaire, they are just trying to put you under pressure.
  
• Wait for your DQ from the CCBC, or download one from the internet, and then re-read post #2 of [URL="https://forums.moneysavingexpert.com/discussion/4816822NEWBIES FAQ sticky thread[/URL] to find out exactly what to do with it.