BW Legal - County Court DEFENCE needed in 2 WEEKS

TheSquirrel

Removed and revising - thanks

KeithP

In post #4 above you were asked for the DATE OF ISSUE on your Claim Form.

Today you have told us:

I have received a County Court Claim Form in respect of the previously mentioned on the 7-9th Jan, I completed the online acknowledgement of this on around the 21/22nd Jan

Please can you tell us exactly what is printed in the Issue Date box on your Claim Form.

Did the Claim Form come from the County Court Business Centre in Northampton, or from somewhere else?

TheSquirrel

Apologies I was trying to be vague as recommended in other posts.
County Court Business Centre Northampton - Issue Date: 8th Jan

Coupon-mad

OK so you have no more than 33 days max, from that date to email your signed defence.

can I post my draft defence here without jeopardising it?

Yes, everyone else does. You need us to look at your draft defence to check nothing is missed and nothing old is used by way of argument.

Use as a base, bargepole's concise defence in the 2nd post of the NEWBIES thread.

KeithP

TheSquirrel wrote: »

County Court Business Centre Northampton - Issue Date: 8th Jan

With a Claim Issue Date of 8th January, and having done the Acknowledgement of Service in a timely manner, you have until 4pm on Monday 11th February 2019 to file your Defence.

That's just over a week away. Time to produce a good Defence, but don't leave it to the very 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 "defended". If not chase the CCBC until it is.
   
6. Do not be surprised to receive a copy of the Claimant's Directions Questionnaire, they are just trying to put 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.

TheSquirrel

Hopefully a lot more formal and less waffling, based on one of the templates in the newbies group.

Napier Parking (Claimant)
-and-
XX (Defendant)

DEFENCE

1. The Defendant was the registered keeper of vehicle registration number xxx 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 did purchase 2 valid car parking tickets, but only one was made evident in Napiers evidence. The ‘land’ at the time of the alleged claim, which forms the basis of the current claim consisted of a relatively small number of unmarked parking spaces with absolutely no company operated lighting. Given this lack of facilities, no contract can be construed from the Claimant's signage, under the contra proferentem principle.

3. The claimant did not leave notice with the defendants vehicle at the time of the alleged incident to allow or afford the defendant any grounds to maintain or collect evidence in relation to their alleged contravention.

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 Defendant denies that the claimant are able to enforce any action whilst acting as a third party agent, the Claimant may not pursue any charge, unless specifically authorised by the landowner. 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 £60 costs to pursue an alleged £xx debt. The Protection of Freedoms Act 2012, in Schedule 4, Para 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 £90.


Statement of Truth:

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

Umkomaas

BWL aren't the Claimant.

The Defendant was the registered keeper and ......

Have you already identified the driver to the PPC? If not, why are you putting this in?

TheSquirrel

No I haven't thanks for highlighting - removed! Claimant changed to "Napier" (edited above)

My life is so hectic that even trying to get 5 minutes to concentrate on this in peace is 'impossible'

Umkomaas

TheSquirrel wrote: »

No I haven't thanks for highlighting - removed! Claimant changed to "Napier" (edited above)

My life is so hectic that even trying to get 5 minutes to concentrate on this in peace is 'impossible'

Well you'll need to be checking whether the PPC can hold the keeper liable under the Protection of Freedoms Act 2012 (Schedule 4) by reviewing the NtK against the PoFA requirements. Could be a game changer.

TheSquirrel

I think I've found some gold in those pages THANK YOU!

Section 7
(4) The notice must be given -
(a) Before the vehicle is removed from the relevant land after the period of parking to which the notice relates
A notice was not left or given and was only received 8 days AFTER the alleged contravention.

7(B) which states the claimant must inform the driver of the requirement to pay and describe those charges AND the circumstances in which the requirement arose.

My argument being the FCN only states “Failure to display a valid ticket” which is contrary to the claimants own evidence on their fixed charge notice, which has photographs clearly showing a parking ticket.