County court defence

pseek

IN THE COUNTY COURT

Claim No.: xxxxxxx

Between

Steve Smith

 (Defendant)

- and -

Walton Wilkins T/A Premier Parking Logistics

(Claimant)

____________________

DEFENCE

1. The Defendant was the registered keeper of vehicle registration number xxxxX on

the material date. The Defendant denies that the Claimant is entitled to relief in the

sum claimed, or at all.

2. It is admitted that the Defendant was the registered keeper of the vehicle.The fee

was paid (£3.50) for parking on 11/10/2019.

3. The Particulars of Claim are sparse. There is no information regarding the alleged

contract, what the terms on signage actually said on the material date, or what the

alleged breach was, or why/how the Claimant purports that the registered keeper is

liable, given the facts that this Claimant has failed to evidence the identity of the

driver and they do not use the keeper liability provisions in the Protection of

Freedoms Act 2012 (the'POFA').

4. The Particulars of Claim does not state whether they believe the Defendant was

the registered keeper and/or the driver of the vehicle. These assertions indicate that

the Claimant has failed to identify a Cause of Action, and is simply offering a menu of

choices. As such, the Claim fails to comply with Civil Procedure Rule 16.4, or with

Civil Practice Direction 16, paras. 7.3 to 7.5.

Further, the particulars of the claim do not meet the requirements of Practice

Direction 16 7.5 as there is nothing which specifies how the terms were breached.

pseek

Please someone help me for defence I prepared for county court?

Le_Kirk

Pop back to the front page of the forum and you see an announcement called new defence template.  Have a look at that thread and then compare your defence to the one in the thread and see if yours is comparable or if there is anything else you could/should add.

Redx

Post the issue date from the claim form below , plus the date the CCBC recorded your AOS

Email a SAR to the DPO at WW PPL attaching a copy of the V5C as proof of I D under the GDPR law

Remove your name from your draft above

Use the coupon mad Defence template and alter paragraphs 2 & 3 , then post just those 2 paragraphs below for checking , not the rest of it

pseek

Issue date 20/11/20 
AOS date 23/11/2020
Could you please template email for SAR?

KeithP

pseek said:

Issue date 20/11/20 
AOS date 23/11/2020
Could you please template email for SAR?

With a Claim Issue Date of 20th November, and having filed an Acknowledgment of Service on 23rd November, you have until 4pm on Monday 21st December 2020 to file your Defence.

That's nearly two weeks away. Plenty of time to produce a Defence, but please don't leave it to the last minute.

To create a Defence, and then file a Defence by email, look at the second post in the NEWBIES thread.

Don't miss the deadline for filing a Defence.


There is also a link to a SAR template in that NEWBIES post.

Fruitcake

pseek said:

Issue date 20/11/20 
AOS date 23/11/2020
Could you please template email for SAR?

There is advice on how to make a SAR in the NEWBIES including a link to a template.
Make sure you include a copy of your V5C or two redacted utility bills or similar as proof of ID.

pseek

Where to send email for SAR? No contact walton Wilkins T/A premier parking logistics. I have only DCB legal ltd.

KeithP

pseek said:

Where to send email for SAR? No contact walton Wilkins T/A premier parking logistics. I have only DCB legal ltd.

Why don't you use the email address in their privacy policy?

It does tell you in the NEWBIES thread...

Find out where to send the SAR by email, by looking on the Parking firm's PRIVACY webpage...

pseek

On parking day 11/10/2019 I bought ticket for £3.50 but they charged me for overstating which I ignored letters but lately dcb issued County claim. 

pseek

KeithP said:

pseek said:

Where to send email for SAR? No contact walton Wilkins T/A premier parking logistics. I have only DCB legal ltd.

Why don't you use the email address in their privacy policy?

It does tell you in the NEWBIES thread...

Find out where to send the SAR by email, by looking on the Parking firm's PRIVACY webpage...

I couldn't find email address. Could you help me out please.