Clam form from Gladstone Solicitors

Le_Kirk

If you no longer have the V5C, try attaching a copy of the claim form, as I seem to remember that you don't have the PCN, therefore you are in a bit of a catch 22 situation. In the absence of the V5C you would normally use a copy of the PCN to prove you are authorised to submit a SAR and receive all the data including the PCN.

Itakerisk

Timeline :


1) Court Claim received with issue date 6th September

2) SAR Request sent ... Done
3) Notifying Solicitor about SAR request ... Pending
4) Writing my defense statement (In progress)
5) Acknowledge AOS on 11th as per KeithP advice (Not Done)


More to follow ..

Itakerisk

I have sent a SAR request to the Claimant and an email to their solicitor but got no replies yet ..

Itakerisk

Please review my defence



DEFENCE
________________________________________

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 driver, was parked for small period on the side of the pavement with no road markings or visible signage and then moved in the marked bay of the unit where defendent was visiting.

3. Further and in the alternative, it is denied that the claimant's signage sets out the terms in a sufficiently clear manner which would be capable of binding any reasonable person reading them. They are stuck on wall very high that are out of sight.

4. 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 the tiny font would be unable to do so easily. It is, therefore, denied that the Claimant's signage is capable of creating a legally binding contract.

5. 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.


6. The defendant made multiple contacts to the claimant to explain them about the signage but all calls are handled by a robot and only have options to pay.


7. 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.

Name
Signature
Date
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KeithP

Don't forget to do the Acknowledgement of Service.

Coupon-mad

That defence is far shorter than any others you see from this month, for example. Read more claim threads and take on the advice already given recently it saves us time.

You appear to be missing the usual point about no landowner or proprietary interest. Again, see any other current claim threads!

Itakerisk

Right, I'll revise this, Thanks a lot

Le_Kirk

Make sure that the defences you read contain the latest points about Abuse of Process with three recent cases thrown out.

MsLovelyPerson

Your Dad is defendant so your Dad must respond to the claim, you cannot do so on his behalf. He may have a complete defence if he was not the driver - he would not have entered into any contract with them.

Presumably in any case the existence of the contract is also disputed due to the lack of (prominent) signage.

Watch the time limits for putting in a defence - 14 days; or if you acknowledge service 28 days - from when the claim form was deemed served on your dad.

MsLovelyPerson

Just seen your draft defence - assuming this is for your Dad - the main plank of his defence would surely be that he was not the driver and so could not have entered any contract with the Claimant and therefore could not be liable to them as claimed or at all.

It is really important that if your Dad is defendant, the defence is his defence and signed by him, not you. He appears to have an even stronger defence than you do in any event.