PCN, DCBL and... devilish idea!

KeithP

Before deleting other paragraphs from your Defence I suggest you need to either understand exactly why you want to do that, or explain here what you think is inappropriate.

Either way, it is your Defence and you need to understand it.

No evidence gets attached to a Defence.

PCNcollector

Thank you. I've read all paras again and again and, came to the conclusion that para 13 may not be suitable, as this PPC have a signage displayed correctly and readable (just in my opinion, although I may be wrong as I do not exactly know what can be classified as a vague terms and small fonts). Do you suggest leave para 13, anyway? The rest seem to be the examples from other similar cases and Court decisions, so I anticipate I shouldn't touch it at all. As I'm far away from legal terms, it is a bit more hard to understand everything, although I try my best.

EDIT: Can I add something like "Defendant's position is that there was absolutely no loss posed to the Claimant as the right amount has been paid for much longer period of time than the car was physically left in the car park" at the end of para 3?

KeithP

I was going to read para 13 but you went on to talk about how good the signs were. 

Leave para 13 in. Nowhere has perfect signs.

Suggest you only replace paras 2 and 3 as planned.

Umkomaas

this PPC have a signage displayed correctly and readable (just in my opinion, although I may be wrong as I do not exactly know what can be classified as a vague terms and small fonts). Do you suggest leave para 13, anyway?

You are forgetting that they have to prove their case against you. Removing something they have to prove, no matter how good (you think - where's your experience from?) their potential evidence might be, means you're taking the burden away from the PPC. It's akin to them employing you!  

PCNcollector

Thanks guys (and gals). Can I add something like "Defendant's position is that there was absolutely no loss posed to the Claimant as the right amount has been paid for much longer period of time than the car was physically left in the car park" at the end of para 3?

KeithP

PCNcollector said:

Thanks guys (and gals). Can I add something like "Defendant's position is that there was absolutely no loss posed to the Claimant as the right amount has been paid for much longer period of time than the car was physically left in the car park" at the end of para 3?

Try and rewrite that without using the phrase 'no loss'.

nosferatu1001

As you will have seen, Parking Eye v Beavis pretty much removed "no loss" as an argument. It can be argued, but requires a strong advocate for the position and a keen understanding, and may still not get the result you desire.
It is best to mostly leave any mention of loss out.

What you could state is that as a ticket was displayed, and the parking charge paid in full, there was no commercial justification for a landholder to want a ticket to be issued, as commercial needs is what let the Supreme Court allow what would otherwise be a penalty (something a private company CANNOT levy) and turn it into a weird contractual cost (its stupid as a decision, but it's what we are stuck with) that they are allowed to levy

Le_Kirk

PCNcollector said:

Many thanks, Le_Kirk! Although English is not my primary language, I do my best to learn Despite grammar issues, how does this sound to you? Should it be enough or should I add something more?

Well for someone for whom English is not their first language, you have produced something that is really good.  As you have now been given the endorsement of @Coupon-mad, I would go with it.

Le_Kirk

PCNcollector said:

Superb! For now I've got a suggested template's first page edited (whoa! 3 out of 18 paras!) and I am trying to understand what is the rest of information about. And I found that some portion of the document does not fit to my case. Can I just delete them or, must not delete any single para and should only edit all of them to fit to my case? Another question is related to SAR request - I requested, among others, all photos taken and PDT machine record, but actually got nothing (apart from NTD and my appeals with answers). Does it mean they won't use the photos of my car (with visible reg plates) as an evidence in the Court? Or they simply do not need to use them as of my statement of being a driver? Should I attach the photo of my car taken by them + ticket scans + PCN scan to my defence response, or just send the bare defence form? Thank you in advance for all your help - it's a lot to do, but way more to understand!

Just add the paragraphs that you have written in place of the 2 & 3 in the template, leave the rest IN.  You do not attach anything at this stage, evidence comes later at the witness statement stage, as it does for the claimant.

PCNcollector

Many thanks to all. I'm now well prepared for the claim from CCBC, but above everything, I understand what is all about. Will definitely let you know about the results. Thanks!