County Court claim advice!

KeithP

Gizmo2 wrote: »

So, I've not heard back yet from my SAR it seems they are allowed 30daya to reply but my defense needs to be in by the 15th (I think) what should I do if they don't send me the documents in time?

Write you Defence without that information.

Do not miss your Defence filing date.

Gizmo2

So, I've not heard back yet from my SAR it seems they are allowed 30 days to reply but my defense needs to be in by the 18th, what should I do if they don't send me the documents in time?

Coupon-mad

So good you asked it twice?

Gizmo2

Honestly it seems so difficult to use this forum on my phone1 i give up posting from it ill just read instead. it came back that hadn't posted it, so re posted thenI saw all your messages.



I'm using my PC now. (rare thing atm) I'm finding it difficult as well to read through everything i have a baby and got loads to do, I just want to ask someone to help me choose a correct defence but I know everyone gets annoyed and keeps sending us newbies back to the sticky thread, which is also confusing as so much to read.

Gizmo2

JesterShoe wrote: »

Hi, have no fear, the great Sensei Coupon-mad is here to teach us the ways of the law, with his army of disciples.

I am also a defendant of Mr Simon Renshaw Smith, AKA VCS Ltd (I think he should have stayed CAPTAIN CLAMPIT LIMITED), look him up and you can put a face to your antagonist. I think it helps to humanize the faceless company. Just follow their instructions, do lots of reading from this forum and have a thought that you are not alone.

Did you win?

nosferatu1001

Gizmo - indeed, PC is needed

Look i know you are short on time, but its no good sbmitting a defence you dont understand - i fyou get a qwuestion in court how would you answer it?

If you dont get the documents back in time, you submit your defence as is.
Newbies threasd
Post TWO only
Yes there is a lot there, but thats because you are in a legal process with fixed steps.

Gizmo2

How on earth do i post my defence on here? trying to copy and paste it ?

KeithP

Gizmo2 wrote: »

How on earth do i post my defence on here? trying to copy and paste it ?

Copy and paste it into Notepad, and then from Notepad copy and paste it into a reply here.

Gizmo2

Hi, so here it is, i've been helped by someone on a wonderful FB group like but I'd like your opinion as well. He says short and sweet as more to follow e.g withness statements etc.

here it is deadline Monday.



I am Humpty Dumpty, the Defendant in this matter, registered keeper of vehicle
XXXXXXX
2. The claim is denied in its entirety.
3. The Defendant denies any abuse of the parking facilities or in fact any breach.
4. The Particulars of Claim lack specificity and are embarrassing. The Defendant is
prejudiced and is unable to prepare a full and complete Defence. The Defendant reserves
the right to seek from the Court permission to serve an Amended Defence should the
******** Claimant add to or expand their Particulars at a later stage of these proceedings and/or to
limit the Claimant only to the unevidenced allegations in the Particulars.


5. The Particulars of Claim fail to refer to the material terms of any contract and the
Defendant questions that they comply with CPR 16 and 22, in respect of statements of
case, and the relevant practice direction in respect of claims formed by contract or
conduct.


6. The Claimant failed to meet the Notice to Keeper obligations of Schedule 4 of the
Protection of Freedoms Act 2012 (POFA). By not serving a notice containing statutory
text (or) within the required time period, the Claimant is unable to hold the Defendant
liable under the strict ‘keeper liability’ provisions.


7. Schedule 4 of POFA, Sections 4.5 and 4.6, also states that the only sum a keeper can be
pursued for is the amount stated on the Notice to Keeper (“NTK”), in this case £100.


8. Signage in place was not prevalent and not brought to the attention of motorists
sufficiently as to comply with the code of practice of the Claimant’s accredited trade
association.


9. This case can be distinguished from ParkingEye v Beavis [2015] UKSC 67 (the Beavis
case) which was dependent upon an undenied contract, formed by unusually prominent
signage forming a clear offer and which turned on unique facts regarding the location and
the interests of the landowner.


10. The Defendant questions that the Claimant has authority to bring this claim. The proper
Claimant is the landowner. Strict proof is required that there is a chain of contracts
leading from the landowner to Vehicle Control Services Limited and that Vehicle Control
Services Limited have the locus standi to bring this matter to court.


11. For all of the reasons stated above the Defendant asks that the learned judge utilise the
discretionary powers of case management and strike out this claim as vexatious and
frivolous.


STATEMENT OF TRUTH



Signed .......(.blah blah)

Coupon-mad

Which parking firm?

Are they using a solicitor, who?

What sort of car park?

Did any occupants of the car have any medical conditions that would slow them down?

You have missed out the usual stuff about objecting to the imaginary 'added costs':

https://forums.moneysavingexpert.com/discussion/comment/75520074#Comment_75520074