Court Claim - draft defence

Coupon-mad

Which location was it, maybe we have seen some old pics on a thread before?

KeithP

Have you googled car park name signs?

NewBornBaby

It's a car park at the Office Outlet (previously known as "Staples") in East Street, Epsom. Can't find it on this board or by Googling.

NewBornBaby

There is possibly a twist to this situation, don't know whether it's material but, the landowner, with whom G24 claim to have had a contract, went into administration a few months ago, so does G24 still have a right to claim costs now?

There are two retailers on the site where G24 allege a contract was formed, I am not in possession of receipts from either on that day, one of them is the company who went into administration.

Coupon-mad

You can use that to state in a defence that there is an absence of any legitimate interest and thus, the ParkingEye Ltd v Beavis [2015] UKS 67 case is fully distinguished and this is a pursuit of a penalty in order to squeeze as much money out of a defunct contract as the Claimant can now that the landowner wet into administration.

NewBornBaby

Defence already filed, can I include in WS?

Coupon-mad

Of course, put it all in.

NewBornBaby

Should the DQ be returned to the Claimant or to their solicitor?

KeithP

NewBornBaby wrote: »

Should the DQ be returned to the Claimant or to their solicitor?

The completed DQ should be returned to the CCBC in the same manner and to the same email address that you sent your Defence.


A copy should be sent to the address in the box headed 'Address for sending documents and payments' on your Claim Form.

NewBornBaby

Hello, I have my day in court (over the phone) on 4th August.
I sent my defence back in November.  Do I also need to send a witness statement and if so, when should I send it and where can I find advice about what to include (e.g. I want to add something that was not in my original defence)?
Thank you,