Advice needed on next steps - HX Car Park Management - Site 1085 Salterhebbble Halifax HX3 0QE

Coupon-mad

Obviously unclear signs is in the template! It's standard to all cases. PPC signage is pretty much always deliberately small and unclear.

Your other facts go into paras 2 and 3 and maybe 4 if you have more to say than most.

Le_Kirk

A defence is written in the third person, so no "I", "me" or similar words but "the defendant".  That defence reads more like a witness statement (WS) which comes later in the process.  Just stick to the salient points in the defence and you can back it up with evidence in your WS.  The defendant wasn't driving, the defendant doesn't know who, on an unremarkable day xx months/years ago, was driving, no or insufficient grace period accorded, forbidding signage therefore no contract.

Le_Kirk

You only need to post the parts that you have amended, normally paragraphs 2 & 3.  You numbering is all over the place; 1, 2, 3, 1, 2, 3, 4, 5, 6, 4 and also unnumbered paragraphs.  Every paragraph requires a number.  You cannot put your claims about harassment etc in a defence, it is not a defence.  Save it for the witness statement if you must but the judge will say that PPCs and debt collectors are entitled to contact you to try to have their invoice paid.  You might use it as a way of showing unreasonable behaviour when it comes to claiming costs.  All your other paragraphs can be saved for the WS.  Read some other defences on the forum so you get an idea of how much is required at this stage.

PCN_BoBeB

Le_Kirk said:

You only need to post the parts that you have amended, normally paragraphs 2 & 3.  You numbering is all over the place; 1, 2, 3, 1, 2, 3, 4, 5, 6, 4 and also unnumbered paragraphs.  Every paragraph requires a number.  You cannot put your claims about harassment etc in a defence, it is not a defence.  Save it for the witness statement if you must but the judge will say that PPCs and debt collectors are entitled to contact you to try to have their invoice paid.  You might use it as a way of showing unreasonable behaviour when it comes to claiming costs.  All your other paragraphs can be saved for the WS.  Read some other defences on the forum so you get an idea of how much is required at this stage.

In the template defence it says to include how harassed the defendant felt by the bombardment of 'debt recovery' letters? - hence my including this. 

Redx

PCN_BoBeB said:

Le_Kirk said:

You only need to post the parts that you have amended, normally paragraphs 2 & 3.  You numbering is all over the place; 1, 2, 3, 1, 2, 3, 4, 5, 6, 4 and also unnumbered paragraphs.  Every paragraph requires a number.  You cannot put your claims about harassment etc in a defence, it is not a defence.  Save it for the witness statement if you must but the judge will say that PPCs and debt collectors are entitled to contact you to try to have their invoice paid.  You might use it as a way of showing unreasonable behaviour when it comes to claiming costs.  All your other paragraphs can be saved for the WS.  Read some other defences on the forum so you get an idea of how much is required at this stage.

In the template defence it says to include how harassed the defendant felt by the bombardment of 'debt recovery' letters? - hence my including this. 

It does , but only if you are the keeper but definitely not the driver , as in your case , but keep it concise

Only post the changed paragraphs too , including correct numbering

Le_Kirk

PCN_BoBeB said:

Le_Kirk said:

You only need to post the parts that you have amended, normally paragraphs 2 & 3.  You numbering is all over the place; 1, 2, 3, 1, 2, 3, 4, 5, 6, 4 and also unnumbered paragraphs.  Every paragraph requires a number.  You cannot put your claims about harassment etc in a defence, it is not a defence.  Save it for the witness statement if you must but the judge will say that PPCs and debt collectors are entitled to contact you to try to have their invoice paid.  You might use it as a way of showing unreasonable behaviour when it comes to claiming costs.  All your other paragraphs can be saved for the WS.  Read some other defences on the forum so you get an idea of how much is required at this stage.

In the template defence it says to include how harassed the defendant felt by the bombardment of 'debt recovery' letters? - hence my including this. 

It does but pay heed to what @Redx has written and also it is only necessary to introduce the topic - the defendant felt harassed by the bombardment of......." - and save the story and evidence for the WS.

Coupon-mad

The template only suggests some stuff for people to say, and feeling harassed by letters isn't a 'fact' about the parking event.  I merely suggest it because so many people freeze about what to put, if they were not the driver and have no facts to talk about.  You do, so you don't need to talk about letters.

Isn't this basically already in the template lower down in the section about unclear signs?

It is submitted that if these notices are attempting to make a contractual offer, then as they are forbidding they do not fulfil the basic requirement of a contract, which is that each party to the contract must offer valuable consideration to the other party, on clear terms capable of acceptance. In this case neither the Claimant, nor their principal the landowner, is offering anything to motorists. The notices cannot, therefore, reasonably be construed as having created a contractual relationship between the Claimant and the Defendant.

Le_Kirk

I would combine 2 & 4 and renumber the rest.

PCN_BoBeB

Le_Kirk said:

I would combine 2 & 4 and renumber the rest.

thanks, I`ve done that - I`ll see if anyone else has feedback and will amend before posting the current version

KeithP

I don't think your para 8 is useful.
xx:29 to xx:34 is no where near ten minutes, so your point about the lack of seconds being recorded is irrelevant.