Letter before claim from Gladstones

Joey_Santiago

Ok, understood
Back at home now and able to check. I have the pack.

N9A - Form of Admission
N9B - Defence and Counterclaim
N9SDT - Response Pack (with Acknowledgement of service)
N1SDT - Claim form

Claim form issue date: 17 June

KeithP

Joey_Santiago wrote: »

Claim form issue date: 17 June

With a Claim Issue Date of 17th June, you have until Monday 8th July to do the Acknowledgement of Service, but there is nothing to be gained by delaying it. To do the AoS, follow the guidance offered in a Dropbox file linked from post #2 of the NEWBIES FAQ sticky thread. About ten minutes work - no thinking required.

Having done the AoS, you have until 4pm on Monday 22nd July 2019 to file your Defence.

That's nearly four weeks away. Loads of time to produce a perfect Defence, but please don't leave it to the last minute.


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

Print your Defence.
1. Sign it and date it.
   
2. Scan the signed document back in and save it as a pdf.
   
3. Send that pdf as an email attachment to CCBCAQ@Justice.gov.uk
   
4. 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'.
   
5. Log into MCOL after a few days to see if the Claim is marked "defence received". If not chase the CCBC until it is.
   
6. Do not be surprised to receive an early copy of the Claimant's Directions Questionnaire, they are just trying to keep you under pressure.
   
7. Wait for your DQ from the CCBC, or download one from the internet, and then re-read post #2 of the NEWBIES FAQ sticky thread to find out exactly what to do with it.

Joey_Santiago

Thanks, that's fantastic. I'll complete the AOS tomorrow and start work on my defence.

Joey_Santiago

AOS Completed yesterday so I wanted to get straight onto the defence.

I think I have two main points:

1. There is no sign in front of the parent/child bay. It's in front of the adjoining disabled bay which I didn't see so I didn't know my child had to leave the vehicle
2. Not sure of the strength of this but new signs were installed 10 days before I parked there with the additional text 'no parking in a parent and child bay unless accompanied out of the vehicle by a child 12 year old or less'
The previous signs did not mention anything about the child leaving the car so having read those signs, I think it unreasonable to think I would have analysed the new ones for changes?

If you think point 2 is valid I would really appreciate some guidance on how to word this.


So having read a lot of other defences (great work by the way) here's my first draft.

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

2. The facts are that the vehicle, registration XXXX, of which the Defendant is the registered keeper, was parked on the material date in a marked child and parent bay accompanied by a 2 year old child.

3. The Particulars of Claim state that they believe the Defendant was the registered keeper and/or the driver of the vehicle. These assertions indicate that the Claimant has failed to identify a Cause of Action, and is simply offering a menu of choices. As such, the Claim fails to comply with Civil Procedure Rule 16.4, or with Civil Practice Direction 16, paras. 7.3 to 7.5.

4. It is denied that the claimant's signage sets out the terms in a sufficiently clear manner. There is no signage in front of the child and parent bay it is in front of an adjoining disabled bay and is not clearly visible unless parked in that bay.

5."Additional point about recent signage change"

6. The Protection of Freedoms Act 2012, Schedule 4, at Section 4(5) states that the maximum sum that may be recovered from the keeper is the charge stated on the Notice to Keeper, in this case £100. The claim includes an additional £77.44, for 'contractual costs persuant to the Contract and PCN terms and conditions, together with statutory interest' which appears to be an attempt at double recovery.

9. In summary, it is the Defendant's position that the claim discloses no cause of action, is without merit, and has no real prospect of success. Accordingly, the Court is invited to strike out the claim of its own initiative, using its case management powers pursuant to CPR 3.4.

I believe the facts contained in this Defence are true.

Le_Kirk

You need to read the NEWBIE thread post # 2 and look at some of the concise defences posted by Bargepole and adapt one of those to suit your circumstances.

beamerguy

6. The Protection of Freedoms Act 2012, Schedule 4, at Section 4(5) states that the maximum sum that may be recovered from the keeper is the charge stated on the Notice to Keeper, in this case £100. The claim includes an additional £77.44, for 'contractual costs persuant to the Contract and PCN terms and conditions, together with statutory interest' which appears to be an attempt at double recovery.

Read this as you must inform the court of this recent case. You can quote the Judge and case number seen here

https://forums.moneysavingexpert.com/discussion/6014081/abuse-of-process-district-judge-tells-bwlegal

ABUSE OF PROCESS

Joey_Santiago

Le_Kirk wrote: »

You need to read the NEWBIE thread post # 2 and look at some of the concise defences posted by Bargepole and adapt one of those to suit your circumstances.

Thanks - yep, that is where 90% of the above came from

Redx

Add the abuse of process and renumber all paragraphs

Joey_Santiago

Ok, will do. Any thoughts on point 5 and how I should word this? I've been through all the defence examples and couldn't find anything similar

Redx

Joey_Santiago wrote: »

Ok, will do. Any thoughts on point 5 and how I should word this? I've been through all the defence examples and couldn't find anything similar

see what the BPA CoP says about new signage and quote it, even if you have an IPC member, also see what the IPC CoP says too


no reason why it cannot be used as an example, even if your PPC isnt a BPA member