PCN CC Claim from gladstones and UKPCM

Jellybelly23

1505grandad said:

para 2  -  I believe Castle has previously posted regarding this. It needs expanding as to what the "facts" are.

Also if you are going to use "breach" make sure it is not the spelling re babies or cannons.

para 9 and the following unnumbered para  -  not sure where this is from because "judgment" would not have the middle "e" if copied from the Newbies Defence examples.

paras 21 and 22 not required.

Thanks will check spellings. All copied from newbies so maybe my laptop auto corrects in a strange manner. Im not sure how to expand on the facts, but will post a reviewed version now.  

Jellybelly23

Thanks KeithP

Jellybelly23

Ok so rather than repost the entire thread I have edited the above hopefully this is what you guys very kindly have pointed out to mean. re the facts I have used what is on the CC claim form? Thankyou for taking the time to read and help it is very much appreciated. 

Le_Kirk

2. The facts are that the driver of the vehicle with Registration XXXX XXX (the vehicle) parked in breach of the terms of parking stipulated on the signage

Do you really want to say that?  If I was a judge I would be saying case closed, pay up!  You surely want to state that the POC states that but your defence against that unfounded allegation is ..............

Jellybelly23

Le_Kirk said:

2. The facts are that the driver of the vehicle with Registration XXXX XXX (the vehicle) parked in breach of the terms of parking stipulated on the signage

Do you really want to say that?  If I was a judge I would be saying case closed, pay up!  You surely want to state that the POC states that but your defence against that unfounded allegation is ..............

Ok. I think I'm misunderstanding. This is what it says on the CC claim form. I will delete the statement for now and try to figure out what I am actually supposed to put in there.  Thankyou for your time.

Le_Kirk

Yes, I understand but it is not necessary to repeat what is on the clam form, the judge will have that.  What you put there is something that you find in the standard defences in the NEWBIE sticky. 

Jellybelly23

ok so I am thinking the opening to my defence should be something along the lines of 
The facts are that I am the registered keeper of the vehicle in question XXXX XXX, in this case. I was not the driver. I am not the main driver of this vehicle and do not drive to the place in question.
The 'contract' in question assumes that I as the registered keeper of the vehicle have seen the poorly displayed signs with no prominent offering of charges when I was as stated not driving the vehicle. Therefor I can not have enetered into such 'contract'.
On review of the signage the very small font indicates that the 'contract' binds the driver (not me) to not park outside of a designated area/registered bay. The land is in fact a parcel of non demarked dirt and stone with no clearly defined parking bays between two buildings which formed an entry to a now closed  car park. 

The signage does not give any clear bold headings that it is a permit car park.
The area of signage dedicated to charges is at the bottom of the sign and is not Big and Bold or obvious to a driver as they are placed inside an empty building window and stappled to a door that is often covered by other parked cars. 
the signs merely look like all the caution building site signs which are of a much bolder and warning obvious nature.
The sign states that permits must be clearly displayed at all times but with no offer on how such permits might be obtained.

Jellybelly23

Im sorry this is all hickledy pickled. I obviously will type it all up in the appropriate order when emailing over.

Coupon-mad

You should not use ''I am'' in a defence. No me, myself or I at this stage.
 'The Defendant was' = all of it in the third person.
Also I feel including the abuse of process words at this stage is far too long.  Refer to the fact they can't add £60, but save the detail till WS stage. Like I just told someone else writing theirs...same as we do every day...

Jellybelly23

Coupon-mad said:

You should not use ''I am'' in a defence. No me, myself or I at this stage.
 'The Defendant was' = all of it in the third person.
Also I feel including the abuse of process words at this stage is far too long.  Refer to the fact they can't add £60, but save the detail till WS stage. Like I just told someone else writing theirs...same as we do every day...

Morning coupon-mad, thankyou for your advice. I have nabbed quite a bit from you on here. So if I change my wording as advised above and finish my defence after paragraph 8. Then quickly file the rest of my defence as a WS  so that I have covered all bases would you think this is sufficient? I do not know how you guys ever retain all this information in regards to law it is an absolute minefield of laws and information that seems to go in loops      
Many Thanks