Claim form - county court business centre

BREAKTHROUGH

Hello All,

Just to keep you updated, I have filed an AoS for both claims and currently writing my defence. It will be the same for both claims because they are exactly the same. I am adapting/amending the ones on the NEWBIES thread to make it more relevant to me. I still have until the 17th August before submitting so will take my time with it. Should be done at some point next week. Will post what I have done so far very soon.

Do I also have to write a witness statement? 

Thank you all for your help.

Coupon-mad

Do I also have to write a witness statement? 

Later. Read the stuff under the Red Heading in the NEWBIES thread: important - know what happens when'.

Copy the template defence and adapt it to suit your Parking Awareness Services PCN and parking event.  Only show us the two tiny paragraphs you've changed to show your particular case facts. Usually takes people less than an hour.

BREAKTHROUGH

Coupon-mad said:

Copy the template defence and adapt it to suit your Parking Awareness Services PCN and parking event.  Only show us the two tiny paragraphs you've changed to show your particular case facts. Usually takes people less than an hour.

Thank you for this. I have been poorly so apologies for the delay in replying. I have had a look at the template defence and adapted it. Just one question, Do I have to add all the case stated in the template defence? I have adapted it to suit my case and it does not include most of the cases but if I should add them then i will. Also, my defence is not as long, only a few point which I believe briefly explains my position. Thank you again @Coupon-mad and everyone else on here who always reply and assist everyone on this platform.

Redx

Only adapt paragraphs 2 and 3 from the template , leave the rest alone , untouched !

Post your changed and numbered paragraphs below , your homework only , for checking , so at most it's about 4 or 5 numbered paragraphs

You will renumber after slotting in your paragraphs 2 and 3 ( and maybe 4 and 5 ) ,  renumbering the rest after insertion so that it flows correctly , so unchanged template paragraph 4 may become 6 , etc

KeithP

Remember, you now have less than one week to file a Defence.

I wrote earlier...

...you have until 4pm on Tuesday 17th August 2021 to file your Defence.

Le_Kirk

As advised by @Redx and @KeithP, show us the amended paragraphs (usually 2 & 3) for critique and, when adjusted following the advice given by regulars, add those paragraphs back in to the standard template defence and send the WHOLE lot by e-mail to the CCBC address given as part of the template.

BREAKTHROUGH

Sorry for the delay, still feeling poorly so haven't been able to do much lately. I know this should not take much time but as a result of my current ill health, I've been slowed down considerably.

This is how I adapted paragraph 3 and I just admitted to being the driver in paragraph 2 as stated. I hope this will be sufficient.

Again Thank you all for the help so far.

2.       It is admitted that the Defendant was the registered keeper of the vehicle in question but liability is denied. 

3.  The facts of the matter are that the defendant has not received any photographic evidence of being parked in said location on the time and date stated. The ‘land’ which forms the basis of the current claim consists of a few ‘private land’ parking spaces located near the shops and marked as being for shop users, however there is no evidence that the defendant did not enter into the shops which gives right to park. Given the lack of clarity regarding how or where anyone is, or is not allowed to park, and poorly visible signs written in small print, no contract can be construed from the claimant’s signage, under the contra proferentem principle. 

Le_Kirk

Your paragraph #1 should state whether or not you were driving.  Are you defending as keeper but non-driver?  Have you previously admitted to being the driver, in an appeal perhaps. If you are non-driver, then your paragraph #3 needs to state that "after receipt of the claim/PCN further research was carried out on foot to discover ..............."  Otherwise good start.

BREAKTHROUGH

Thank you for your reply @Le_Kirk. I am defending as the keeper and the driver. But also wanted to point out that I did in fact go into the shop in question, therefore parking was permissible. I will add on as you mentioned above and repost.

BREAKTHROUGH

Hello all,

I'm trying to finish this today. I am still recovering so it has been a struggle looking at the screen or doing anything to be honest. I have added that I am defending as the driver and keeper and also added that I did make a purchase. 

Would I have to show proof of this? Payment was made by cash and I have no receipt, This was 2/3 years ago.

2.       It is admitted that the Defendant was the registered keeper of the vehicle in question but liability is denied. 

3.  The facts of the matter are that the defendant has not received any photographic evidence of being parked in said location on the time and date stated. The ‘land’ which forms which forms the basis of the current claim consists of a few ‘private land’ parking spaces located near the shops and marked as being for shop users, however there is no evidence that the defendant did not enter into the shops which gives right to park. The defendant did in fact visit the shop in question and made purchases. Given the lack of clarity regarding how or where anyone is, or is not allowed to park, no contract can be construed from the claimant’s signage, under the contra proferentem principle.