UKCPM & Gladstones - County Court Defence

Le_Kirk

All paragraphs must be numbered.

kimaru

Le_Kirk said:

All paragraphs must be numbered.

Noted.

Does anyone see any gaps in the defence or anything to add before I submit?

kimaru

Anyone see any gaps in my defence or anything to add before I submit?

Defence:

1. - The claimant has stated that under Paragraph 9(2)(f) of Schedule 4 of the Protection of Freedoms Act 2012, they have the right to recover the unpaid amount from the keeper of the vehicle. However, the claimant has failed to comply with the Protection of Freedoms Act 2012.

Under the conditions that have to be met for the right to claim unpaid parking charges from the keeper of the vehicle (Paragraph 4), Paragraph 7(2)(f) states that the notice to the keeper must 'specify the vehicle, the relevant land on which it was parked and the period of parking to which the notice relates.' The claimant has failed to specify the period of parking. The PCN states a time of 13:27, which is not a period of time.

2. - Following a subject access request, the defendant was able to calculate the duration of time that the vehicle was parked via the photo timestamps. The first photo is timestamped at 13:24:24 and the final picture timestamped at 13:26:42. The total duration between the two photos is 2 minutes and 18 seconds which is not sufficient time to learn of the terms; that may have included enquiring with the premises/resident as to how to obtain the permit that the sign vaguely mention.

3. - The photographic evidence of the front of a vehicle windscreen, obtained via the subject access request, does not clearly show that the photo in question is of the defendants vehicle. There are no identifying features in this photo that suggest it is of the defendants vehicle, such as a number plate or vin number.

4. - The photographic evidence provided shows the vehicle situated in an area with no clear marked bays; therefore, it has not been made clear and obvious where the claimant constitutes where drivers are made liable for parking charges.

Coupon-mad

Looks fine to me.

Le_Kirk

You will, of course, be starting your defence with paragraph 1 from the standard defence template, adding your paragraphs as 2, ,3 4 & 5 and renumbering the rest of the defence template when you add it back in.

Fruitcake

" ... that may have included enquiring with the premises/resident as to how to obtain the permit that the sign vaguely mention."

Perhaps those two words are redundant.

Redx

I cannot see the paragraph 2 in the above , where the defendant was the keeper but not the Driver , keeper and driver , or keeper and driver unknown

So no 1 or 2 , meaning that 1) above should be 3 etc , then renumber accordingly

kimaru

Coupon-mad said:

Looks fine to me.

Le_Kirk said:

You will, of course, be starting your defence with paragraph 1 from the standard defence template, adding your paragraphs as 2, ,3 4 & 5 and renumbering the rest of the defence template when you add it back in.

Fruitcake said:

" ... that may have included enquiring with the premises/resident as to how to obtain the permit that the sign vaguely mention."

Perhaps those two words are redundant.

Redx said:

I cannot see the paragraph 2 in the above , where the defendant was the keeper but not the Driver , keeper and driver , or keeper and driver unknown

So no 1 or 2 , meaning that 1) above should be 3 etc , then renumber accordingly

Thank you all for your replies, it's greatly appreciated. I've made the adjustments mentioned.
On a final note, is the font Helvetica Neue and size 10.5 suitable?

Le_Kirk

On a final note, is the font Helvetica Neue and size 10.5 suitable?

I believe you will find instructions for this in your paperwork from CCBC but, from memory, it is Times New Roman (even though I hate it with a passion), size: 12pt. double spaced.

kimaru

Le_Kirk said:

On a final note, is the font Helvetica Neue and size 10.5 suitable?

I believe you will find instructions for this in your paperwork from CCBC but, from memory, it is Times New Roman (even though I hate it with a passion), size: 12pt. double spaced.

I couldn't see any instructions on the county court claim but it's much more readable following your instructions.
Thanks very much!