Claim form county court business centre

Cockell

Thankyou, i was reading the examples thinking i dont have a clue what any of this means, i was worried about putting it in my defence and not knowing what im talking about. Because even after reading the example twice i still feel like i do not understand what the points mean, to me it is all gobuldygoup.


Yes i followed the istructions and have done AOS. I am on my laptop now.


I will have another look tomorrow with fresh eyes as i have been at this ALL day and have a massive headache.


I will have a look at a few other defences and will post on here to see what you think.


many thanks

Cockell

IN THE COUNTY COURT

CLAIM No: XXXXXXXX

BETWEEN:

VEHICLE CONTROL SERVICES LIMITED (Claimant)

-and-
XXXXXXXX (Defendant)

________________________________________
DEFENCE
________________________________________

1. 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 vehicle, registration xxxxxx, of which the Defendant is the registered keeper, was parked on the material date in the car park at xxxxxxxx. The Defendant is an employee at xxxxxxxx, and has continued to hold a valid parking permit for this car park. The ‘land’ which forms the basis of the current claim consists of poorly marked parking spaces located amongst those forming a much larger car park (for which xxxxxxxx parking permits are valid). Due to poorly marked parking spaces and unclear lines there is a lack of clarity regarding how or where a xxxxxxx Employee with a valid parking permitt is, or is not allowrd to park in this car park.


3. The Particulars of Claim state that the Defendant; was the registered keeper and/or the driver of the vehicle(s);. 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.


4. Due to the sparseness of the particulars, it is unclear as to what legal basis the claim is brought, whether for breach of contract, contractual liability, or trespass.


5. The terms on the Claimant's signage are also displayed in a font which is too small to be read from a passing vehicle, and is in such a position that anyone attempting to read would be unable to do so easily.


6. The Claimant is put to strict proof that it has sufficient prorpietary interest in the land, or that it has the necessary authorisation from the landowner to issue parking charge notices, and to pursue payment by means of litigation.


7. 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 £60, for which no calculation or explanation is given, and which appears to be an attempt at double recovery.


8. In summary, the Claimant's particulars disclose no legal basis for the sum claimed, and the Court is invited to dismiss the claim in its entirety.


I believe the facts contained in this Defence are true.


Name
Signiture
Date




Please see my defence above, any recommendations would be very much appreciated. My deadline to sub,it is tomorrow at 4pm.

KeithP

Cockell wrote: »

My deadline to sub,it is tomorrow at 4pm.

That's right.

Let's hope someone can help you out in the last few hours of a Bank Holiday weekend.

I did say:

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

Coupon-mad

That defence looks to cover the bases, except for two typos in this line in #2:

Employee with a valid parking permitt is, or is not allowrd to park in this car park.

Now go back to post #4 that tells you how to properly file this, and where to.

Cockell

Thank you very much. I will do. Is it definitely better to follow that and send it to the email rather then reply through moneyclaim.gov.uk? :A

Le_Kirk

Yes, most definitely follow the advice in post # 4.

Cockell

Hi,
So today I received my letter from the court saying it had been allocated to the small claims track. Enclosed is a directions questionnaire and a letter about opting for the free settlement/mediation service. I was wondering if i don't go for this option and we go to court, will there be a lot of court fees added if I loose? I don't want to settle but I don't want to lose and have to pay a lot more

Coupon-mad

Mediation is not an option, and there are no huge fees in play at all.

You have clearly not read enough court defence threads yet. You need to. People who lose but understand how to argue against costs, invariably pay LESS THAN THE SCAM CLAIM.

Read bargepole's thread Court Procedures linked under the RED sentence designed to catch your attention in the NEWBIES thread post #2, headed:

IMPORTANT - KNOW WHAT HAPPENS WHEN

Everything is explained there about the DQ boxes to tick & why NOT to try Mediation.