County Court Judgement Received

KeithP

You have shown us fifteen paragraphs of your proposed Defence.
Are any of them already is the template Defence you have found here:
https://www.dropbox.com/s/hq0eacg3igzuud4/Private parking charge - abuse of process defence.docx?dl=0

The guidance suggests that you only need to adjust paras 17 and 18.

Which of the paras you have shown us are replacing 17 and 18?

Which, if any, of the paras you have shown us are unchanged from the template? There is no need for those to be checked.

Also, by using totally different numbering, you are not making this easy for people to help.

Coupon-mad

I assume your defence doesn't actually start 'In the alternative' and that is just part way through?

I can see that these are the 'facts' paragraphs and I say you need to decide, are you defending as keeper or driver?  If you would prefer to talk about being the driver (if you were?) it can be a more natural defence stance but wouould obviously need chunks of the first para below, removing:

3.       The Defendant was not the only driver with access to the vehicle named XXXX, and the Particulars of Claim offer little to shed light on the alleged breach, which relates to an unremarkable date some time ago.  It is not established thus far, whether there was a single parking event, or whether the vehicle was caught by predatory ticketing and/or by using unsynchronised timings and camera evidence to suggest a contravention.  A compliant Notice to Keeper (‘NTK’) was not properly served in strict accordance with section 8 or 9 (as the case may be) of the POFA.
4.       The Defendant at the material time was a resident within the xxxx development, with express permission to park up to two vehicles. At around the time of the alleged parking charge, there were maintenance works being carried out to the parking bays, this severely limited parking options in an exclusively residential development. Bays were to be repainted and altered by xxxx Management and was scheduled to take place over a xxxx week period with works over-running on occasion due to bad weather or other unspecified reasons. At the time of the parking charge, bays were indeed out of use as described, garage areas were also unavailable with residents and visitors in the vicinity of works being left with no choice but to park in alternative locations at express permission of xxxx in order to avoid severe interruption to their home life. The Claimant at this time began unreasonably targeting vehicles in a predatory manner. It is clearly stated by xxxx Management that anybody visiting private properties can park in a ‘V’ bay, with no mention of charges or permits needed, and evidence is attached to this effect.
5.       It is denied that the Defendant or lawful users of said vehicle were in breach of any parking conditions or were not permitted to park in circumstances where an express permission to park had been granted to the Defendant permitting the above mentioned vehicle xxxx to be parked by the current occupier and leaseholder of xxxx, whose tenancy agreement permitted the parking of vehicle(s) on land. The Defendant avers that there was an absolute entitlement to park deriving from the terms of the tenancy and lease, which cannot be fettered by any alleged parking terms. The agreement provided the right to park a vehicle in the relevant allocated bay, without limitation, ownership of vehicle, the user of the vehicle or the requirement to display a parking permit, the only exception being commercial vehicles and un-roadworthy vehicles. A witness statement will be provided as evidence that prior permission to park had been given.

Blue1133

ok understood, so there is some editing to do if defending as the driver.
And yes, the first part of the defence is the abuse of process.
I am also working on a WS to support the residence part, as I do not have (currently) the lease/tenancy details, plus have a couple of items to attach as evidence.
Does this defence cover the costs part in full, or do I need to add a separate schedule?
Anything else i'm missing here? 

Coupon-mad

I am also working on a WS to support the residence part, as I do not have (currently) the lease/tenancy details, plus have a couple of items to attach as evidence.
Does this defence cover the costs part in full, or do I need to add a separate schedule?

I was going to say ''all of that comes later'' but it's hard to know what your Judge ordered, given this followed a set aside.  Did the Judge say he/she just wants a defence filed (to the local court) and served (to the solicitors for the C) or all your evidence as well?

Blue1133

does  being the keeper negate any defence? I am slightly confused, I assume the paragraphs are to ammended to reflect keeper status or driver status. If I am sure of driving then I feel that may contradict the 'unremarkable date' assertion

Coupon-mad

does  being the keeper negate any defence?

No.

 I am slightly confused, I assume the paragraphs are to ammended to reflect keeper status or driver status.

Ermmm...almost none of term mention that issue, and #17 is in red so you are meant to edit out the bits that don't apply and if you wish to defend as admitted driver, then admit to driving and talk about the car park/event a bit.

If I am sure of driving then I feel that may contradict the 'unremarkable date' assertion

Yes, so remove it, that's why that section is in red.  I only ask people to write two paragraphs #17 and #18 (plus add some data like their name and claim number).  I give a lot of pointers in that section - not sure how much easier we can make the template?

nosferatu1001

Being the keeper does not of course negate any defence. 
Answe C-M above, youre not helping yourself here - is it just the defence needed? Or more?

We are 20 pages in
You must be reading around to understand what you need to do, and you cant be doing that given those questions. 

Blue1133

Order was as follows, following a set aside, dates are obviously way out of whack due to only just receiving the claim forms/proceedings)dates amended to maintain some sort of anonymity:
1. Judgement set aside under CPR 13.2, all enforcement is discharged... ...
2 By 4pm 22nd May 2020, the Claimant is to serve proceeding on Defendant at the address for service provided to the court by Defendant xxxxx
3. by 4pm 5th June 202 Defendant to send to the Court and Claimant a Defence
4. By 4pm on 19th June, parties to file Directions Q
5. Claimant to pay costs.....

Coupon-mad

Ah OK, so why not download and pop your DQ in with the defence and a covering short email explaining the delay was caused by the Claimant (explain briefly with dates). Say that you await Directions about the arrangements for filing and serving your evidence and WS relating to the actual claim and defence, as opposed to the earlier WS which was about the set aside/defective service of the claim, only.

Copy in the C's solicitor.

Blue1133

Thanks CM, should I be attaching any other Judgements i.e Beavis besides the Southampton case? I note this will exceed page limits of emails, and before the usual 'you should read the forum/you obviously are not reading the forum/your not doing yourself any favours comments' from certain posters, there is a hell of alot of contradictory information out there