Court Claim

Pickle20

Hi all
Could anyone kindly look through my defence statement please.

I’ve drafted this after spending so much time looking through other threads but none of their cases are similar to mine.

Claim form 08.12.2019 AOS sent
They’ve added £60 per PCN contractual cost bringing the total to around 900+
3 x Tkt was issued by uk cpm in 2018 which was appealed but was rejected with what looked like a standard letter even though proof of medical emergency and major surgery was provided.
Please be gentle with me as I’m new here and I’ll really appreciate your help. I’ll like to send this off today.

Defence Statement
1. The Defendant denies that the Claimant is entitled to relief in the sum claimed.
2. It is admitted that the Defendant is the registered keeper of the vehicle.
3. The Defendant denies that a breach of the terms of parking has been committed as alleged by the Claimant.
4. To the best of the Defendant’s knowledge, areas of parking in the location reported are provided for the use of various businesses located in the business park and the Defendant was a customer making enquiries at one of the businesses located in the reported location at the time.
5. Whilst at the location, the Defendant had developed serious medical complication which made it physically impossible for the vehicle to be removed from the location. Subsequently, the Defendant went through a major surgical procedure and was hospitalised from the day of the alleged breach, which further impacted on the Defendant’s ability to physically and safely remove the vehicle.
6. Due to this medical emergency, the Defendant is not liable as removing the vehicle from the location at the time could have put the Defendant’s life and the lives of others at risk of serious harm/injury.
7. Furthermore, Notice to Driver was served by post and Claimant did not receive the Notice until over 14 days after the alleged breach occurred.
8. The time gap between the alleged offence and the Letter before claim was roughly 15 months
9. The Defendant is not liable as the PCN was appealed with explanation and evidence of the defendant’s surgery and hospitalisation however, due consideration was not given to the facts and limiting circumstances of the situation.
10. In view of the stated points, the Court is invited to strike out the claim in its entirety.

I believe the facts stated in this Defence Statement are true.

Many thanks

Redx

Near the beginning it says statement , remove it , it's a single word , Defence

By saying defence statement , it worries me into honking you have read old ones , definitely nothing like the 2 Bargepole examples

You need to read the Abuse of process thread by beamerguy , checking post #14 , also the thread by CEC16 , plus the one by basher52 too

Also read the half a dozen winning cases from this year alone , including ukcpm , VCS etc

KeithP

Pickle20 wrote: »

Claim form 08.12.2019 AOS sent

Most unusual to have a County Court Claim Form issued on a Sunday.

Can you please confirm the Claim Issue Date and tell us the the date that the Acknowledgment of Service was filed.

Pickle20

@ KeithP i changed the date so as not to give away too much as advised on the newbies page.

Should i still provide the dates? but the 28 + 5 days is now in a day or two which is why i want to send this off today.

Pickle20

@Redx thanks for the support. should i include the abuse of process at this stage? or later in my witness statement?

The_Deep

They obviousot think that you are a soft touch.

[FONT=Times New Roman, serif][FONT=Times New Roman, serif]Nine times out of ten these tickets are scams, so consider complaining to your MP, it can cause the scammer extra costs and work, and has been known to get the charge cancelled.

Parliament is well aware of the MO of these private parking companies, many of whom are former clampers, and on 15th March 2019 a Bill was enacted to curb the excesses of these shysters. Codes of Practice are being drawn up, an independent appeals service will be set up, and access to the DVLA's date base more rigorously policed, persistent offenders denied access to the DVLA database and unable to operate.

Hopefully life will become impossible for the worst of these scammers, but until this is done you should still complain to your MP, citing the new legislation.

[/FONT][FONT=Times New Roman, serif]http://www.legislation.gov.uk/ukpga/2019/8/contents/enacted[/FONT][FONT=Times New Roman, serif]

Just as the clampers were finally closed down, so hopefully will many of these Private Parking Companies.[/FONT][/FONT]

Le_Kirk

Pickle20 wrote: »

@Redx thanks for the support. should i include the abuse of process at this stage? or later in my witness statement?

You can include it in the Witness Statement (WS) in full (to save time now) but you MUST at least refer to it in your defence (once you have read the 17 pre-written examples pointed out by Redx) otherwise the claimant can claim ambush if the first they see of it is in the WS.

Redx

as above , refer to it in the defence , expand it to its full glory as an exhibit in your WS

KeithP

Pickle20 wrote: »

@ KeithP i changed the date so as not to give away too much as advised on the newbies page.

Should i still provide the dates? but the 28 + 5 days is now in a day or two which is why i want to send this off today.

You can keep any secrets you like, but it limits the information that can be given in response.

If your Defence filing deadline is in 'a day or two' then if you follow the guidance below, you have that time to hone your Defence to perfection.


When you are happy with the content, your Defence could be filed via email as suggested here:

Print your Defence.
1. Sign it and date it.
   
2. Scan the signed document back in and save it as a pdf.
   
3. Send that pdf as an email attachment to CCBCAQ@Justice.gov.uk
   
4. Just put the claim number and the word Defence in the email title, and in the body of the email something like 'Please find my Defence attached'.
   
5. No need to do anything on MCOL, but do check it after a few days to see if the Claim is marked "defence received". If not, chase the CCBC until it is.
   
6. Do not be surprised to receive an early copy of the Claimant's Directions Questionnaire, they are trying to keep you under pressure. Just file it.
   
7. Wait for your DQ from the CCBC, or download one from the internet, and then re-read post #2 of the NEWBIES FAQ sticky thread to find out exactly what to do with it.

Pickle20

@TheDeep Yes they must have thought so. It was a really bad period for us as there was a lot of trauma around the family at the time ..... thanks for the advice

Pickle20

@ Le_Kirk @Redx thank you, i'll do as advised and re-post the defence once its amended.