Help Needed - Defence for PPS PCN -WS Stage

Goodboy18

Here is the draft now after the updates suggested above

2.         It is admitted that the Defendant was the registered keeper of the vehicle in question but liability is denied. The claim is for alleged parking event that happened on an unremarkable day 29 months ago, the Defendant has no recollection of who was driving at the time, and the Claimant has failed to identify the driver. Several people (family members and close friends) were permitted to drive/insured to drive/had access to the car during the alleged parking event.

3.         The signage in the car park is of a forbidding nature. It is limited to cars displaying a valid permit only and therefore the terms cannot apply to cars without a permit because the signage does not offer an invitation to park on certain terms. The terms are forbidding. This means that there was never a contractual relationship. I refer you to the following case law: PCM-UK v Bull et all B4GF26K6 [2016], UKPC v Masterson B4GF26K6[2016], Horizon Parking v Mr J C5GF17X2 [2016]. In all three of these cases the signage was found to be forbidding and thus only a trespass had occurred and would be a matter for the landowner.

In addition, the signs include additional charges for card payments that are now prohibited.

4.         The Defendant denies that the vehicle was parked at the location stated on both - Notice to Keeper and Claim form at the time of the alleged event. The location stated on both - Notice to Keeper and Claim form is 145 High Street Hounslow TW3 1LR. The pictures taken by the Claimant are not of the material location stated on the claim form. They are in fact images of a different car park at a materially different location, having a completely different postal address (142-144 High Street Hounslow TW3 1LR), around 100 metres from the site stated on the claim form.

5.         The Claimant has failed to comply with the statutory keeper liability requirements set out in the Protection of Freedoms Act 2012, Schedule 4.

The Claimant has failed to: -
a. Give period of parking required by Paragraph 8 (2) (a)
b. Failed to give the invitation to keeper required by Paragraph 8 (2) (e)

c. Failed to give a correct warning of keeper liability required by Paragraph 8 (2) (f)

Let me know if I should change anything above?

Le_Kirk

You have slipped in an "I" instead of "the defendant" in your para #3.  You have an orphan sentence (i.e. no number - all paragraphs require a number) but I doubt it adds anything to your defence anyway.

Goodboy18

sorry but is there a difference in filing the defence on mcol vs email (as per the newbies thread)? And if yes then is the email method most preferred?

Le_Kirk

Yes do NOT file your defence in that pathetic box on MCOL.  Follow the instructions in the standard template defence and/or NEWBIE sticky and send it by e-mail.  The MCOL box will destroy your formatting and will not accept enough words.

Goodboy18

I have now got the Claimant's DQ (filled by Gladstones) asking for mediation. I have read the newbies thread and its suggested not to go for it. I have not yet received DQ from CCBC, its been 1 week since sending in the defence, should i wait or just download it from gov.uk link and send it proactively?

KeithP

Goodboy18 said:

I have not yet received DQ from CCBC, its been 1 week since sending in the defence, should i wait or just download it from gov.uk link and send it proactively?

The CCBC will write to you telling you that they will send your Defence to the Claimant and the Claimant has 28 days to respond to your Defence.

What you don't know is when the CCBC send a copy of your Defence to the Claimant. 

It follows from that that it is not known when the Claimant has to respond to the CCBC. 

Further, we don't know what delays there are in the CCBC that means they don't send you a DQ as promptly as you might like.

Can I suggest that you keep checking your MCOL Claim History and as soon as you see that the CCBC has sent a DQ to you, you are ready to download a DQ, complete it and fire it back to the CCBC, remembering to send a copy to the Claimant of course.

Goodboy18

I have got the acknowledgement of my defence dated 11 Jun sent by ccbc via post. It mentions copy is being served to claimant/solicitor.
I have checked MCOL but so far it doenst mention that DQ has been sent to me. I will keep checking, thanks for pointing me in that direction.

Coupon-mad

https://forums.moneysavingexpert.com/discussion/comment/78411172/#Comment_78411172

Please, please come back every week to take part in the Government Consultation, coming very soon!

Umkomaas

Goodboy18 said:

I have got the acknowledgement of my defence dated 11 Jun sent by ccbc via post. It mentions copy is being served to claimant/solicitor.
I have checked MCOL but so far it doenst mention that DQ has been sent to me. I will keep checking, thanks for pointing me in that direction.

Probably because the claimant hasn't confirmed to the CCBC that it wishes to continue with the claim following their receipt of a copy of your Defence. This is a process, so be patient and let it unfurl, while still checking your MCOL history from time to time. At a guess, 9th July would be around the deadline for the claimant to respond (roughly the 28 day point). 

Goodboy18

I have now received DQ and it gives me until 12 Jul to respond. Is there any benefit for sending early or by the last date?