BW Legal Court Claim

RonnieHML

Hi Foxy, I too am in the exact same situation as you and putting together my defence also. I am no expert but have a couple of questions on your defence which might help us both, (or not��)

Your statement in paragraph 5? I suspect they will have photos with a time and date stamp on them, and that could show that you over stayed the 2 hours, so negating that whole defence. If your PCN is anything like mine, those photos have no time stamp on them so would it not be better to simply highlight the fact that they have not followed their own code of practice. At least then you can still use that as part of the defence and expand on it later.

Just a suggestion, and like I said I am no expert, just looking for answers that might help??

Also, you have not got the paragraph below;

The Particulars of Claim state that 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. Further, the particulars of the claim do not meet the requirements of Practice Direction 16 7.5 as there is nothing which specifies how the terms were breached.

Is this not the best basis for most of these defences??

Sorry if this is not the correct thing to do and instead, I need to start my own thread, but I felt these points might be helpful to you also.