County Court Defence - Review Please

RubyRhubarb

I've followed advice by @Coupon-mad and done these edits to the template defence, does this look OK?

I've added points 2-5 at the beginning of the document
DEFENCE
1 The Defendant denies that the Claimant is entitled to relief in the sum claimed, or at all.  It is denied that the driver of the vehicle entered into any contractual agreement, whether express, implied, or by conduct, to pay a ‘parking charge’ to the Claimant

2 The facts are that the vehicle, registration xxxx, of which the Defendant is the registered keeper, was parked temporarily on the material date for the purpose of loading and unloading for residents of xxxx Road which is permitted by the landowner - xxxx. The vehicle was therefore “Authorised to park”

3 The Defendant and resident complained to the land owner, who said there were grounds for appeal. The Defendant has an email from the landowner, saying it is permitted to temporarily load and unload.

4 The Defendant also checked the Land Registry which indicates the land is subject to rights of way. Title Number: xxxxx held by the Land Registry in clauses A2 and C2 of the register for xxxxxx.

5 It was dark at the time, and the lack of lighting, size and placement of signs, makes them almost impossible to read.

---
Should I number every paragraph including these? :
- Should this claim continue, the Claimant will no doubt try to misle....
- The two competing ‘race to the bottom’ ATAs have engineered a veil of legitimacy to protect....
---

Added these points at #16
Should this poorly pleaded claim not be summarily struck out for any/all of the reasons stated above, the Defendant sets out this defence as clearly as possible in the circumstances, insofar as the facts below are known.

16    Loading or unloading with the permission of the landholder is not 'unauthorised parking' and signs cannot override existing rights enjoyed by landowners and their visitors, as was found in the Appeal case decided by His Honour Judge Harris QC at Oxford County Court, in a similar case number B9GF0A9E: 'JOPSON V HOME GUARD SERVICES’

17    It is not accepted that the location included prominent signs giving ‘adequate notice’ of the onerous parking charge.

18    Signs can not be read at night due to insufficient lighting.

19    The Claimant’s signs have vague/hidden terms and a mix of small font, such that they would be considered incapable of binding any person reading them under common contract law.....

Should I remove point 5 and just include it here?
I've not included non-compliance with the POFA

Coupon-mad

Should I remove point 5 and just include it here?

Yes.

I've not included non-compliance with the POFA

OK, do you want to, are you defending as keeper?  If so, use the words that were in the template at #16.  Every paragraph needs a number.

Make sure you add the new (longer) statement of truth from 6th April (Google it) not the one in the template.

RubyRhubarb

Great. Yes I am defending as keeper, just wasn't sure if they complied with POFA or not? Got the new statement of truth. Thanks so much for your help :-)

nosferatu1001

If youre not sure, then review the NtK against POFA2012 schedule 4; para 9 if no windscreen ticket, para 8 if there is. 

RubyRhubarb

Does it matter who was the driver?

nosferatu1001

EDIT THAT POST
Nowhere, in any thread, will yo ufind that we just tel people to state who the driver is as a general directive. 
GIven i they know who the driver is, then POFA2012 is irrelevant and the keeper has no protections, no, dont say who drove!

RubyRhubarb

Thanks all. Is the email address current given by @KeithP for submitting to CCBCAQ? Can't seem to see it on their website

nosferatu1001

The one given by Keith is correct. 

RubyRhubarb

Hi, I have received N149A and DQ N180, just want to check:

Does mediation ever works in these cases?

Can I request a hearing venue close to home?

Can the form N180 be sent back by email?

Anything else I should know?

Thanks :-)

Coupon-mad

Does mediation ever works in these cases? 

No.  Clearly in a case where the consumer owes nothing, there's nothing to mediate or discuss!


Can I request a hearing venue close to home?
Ahem, you've missed the NEWBIES thread link to bargepole telling you how to complete the DQ, word for word.


Can the form N180 be sent back by email?
Yes, but you know this already, from the reply by KeithP in this thread.