DCBLegal

FrequentOverstayer

Remote hearing today and thanks to your help we have conquered the default judgement and it is now set aside. 

£275 + £95 costs approved to be paid to me within 14 days 

however I have to fire back a defence for a secondary hearing within 14 days as I did not defend the original claim at this stage. I chose not to because I wanted to survey my options with you guys first. 

At no stage have I committed a driver name, so I lead with this approach? 

Fruitcake

Not identifying the driver is only relevant if the NTK was not PoFA compliant, and the keeper wasn't driving.
The judge is quite within their rights to ask if the defendant was driving, and a truthful response must be given.

Use all of the template defence and amend paragraphs 2 and 3 to suit your case. Post only your amendments to the template for the regulars to look over.
If the defendant was not driving, or truthfully does not know who was driving, then say so.

Coupon-mad

Congrats on the CCJ set aside and costs!

Create a defence using the Template Defence thread. Also search the forum for Highview defence because we've had over a hundred this year.  On 21st May at 4.20pm I advised what I think the facts section in your defence should focus on

The only differences are:

- you won't be emailing it to the CCBC of course, because Northampton admin centre isn't involved now.  It is emailed to the local court, plus the other side's solicitors.

- you probably won't get a Directions Questionnaire unless your local court sends one out, so if you have any dates/weeks in the next 6 months when you'd be unavailable, I would state them in your covering email.

- in post-CCJ set aside cases like this, most local courts (unfairly) bypass the Witness Statement and evidence stage and just ask for a defence.  We advise to attach a WS and evidence bundle anyway, or certainly put one in, and a costs assessment, the month before the second hearing date!   If not, you are disadvantaged.

- DCBLegal will probably discontinue so there will be no hearing.  Make sure they pay those costs!

FrequentOverstayer

@Coupon-mad
I have read through and gathered my evidence for the Defence.
Template defence is in use but here are the changed paragraphs for 2 and 3.

2. It is admitted that the Defendant was the registered keeper of the vehicle in question and driver at the date and time provided within the PCN

3. The signs are not prominent and are unlit in the dark, it is a requirement of the CRA 2015 for all terms and consumer notices. The BPA CoP has a short section about why it’s important that such signs are conspicuous, legible, and lit if the operator wants to operate on a 24/7 basis. I have attached this in (Annex A). I have also attached some feedback from other users of this carpark found online who also share the same views and have fell victim to this scam.(Annex B,C and D) all of which mention that the signs are “Not Obvious”.

In order to develop a defence to this “PCN” I visited the car park myself, in the dark on two separate occasions since and attach the photos for you to see, despite being in the dark all the signs are unlit without any lights covering, in the most recent case the streetlights were not operational. The time of entry on the alleged PCN was 01:08 AM, how can the defendant see such signs to knowingly agree to terms and conditions? (See Annex E)

Do I also mention that they failed to contact me on the correct address here and that they are still yet to pay the reimbursed costs from the previous Set Aside hearing?

Le_Kirk

Paragraph 2 should contain the words "but I deny any liability" as per the template defence.  All paragraphs should be numbered, defences are written in the third person, i.e. "the defendant" not "I", evidence goes later with the witness statement not with a defence.
ETA Ignore my first comment, I forget it had been moved and is now in paragraph 1#.

Coupon-mad

You can't use acronyms before you've firstly put them in full:

"CRA 2015"
"BPA CoP"

Defences don't have Annexes attached.  I did already explain in my last reply how you append your evidence and it's not attached to the defence.

FrequentOverstayer

Le_Kirk said:

Paragraph 2 should contain the words "but I deny any liability" as per the template defence.  All paragraphs should be numbered, defences are written in the third person, i.e. "the defendant" not "I", evidence goes later with the witness statement not with a defence.
ETA Ignore my first comment, I forget it had been moved and is now in paragraph 1#.

Awesome so I can attach the annex in the WS and basically just use the opening paragraph as stated. Something that is similar to the below;

2. It is admitted that the Defendant was the registered keeper of the vehicle in question and driver at the date and time provided within the PCN

3. The signs are not prominent and are unlit in the dark, this is a requirement of the Consumer Rights Act 2015 for all terms and consumer notices. The British Parking Association Code of Practice also states why it’s important that such signs are conspicuous, legible, and lit if the operator wants to operate on a 24/7 basis under section 19.3

Coupon-mad

You don't need to say this twice; it's already in the template first paragraph to stop people missing it:

"however vigourously denies any liability."

FrequentOverstayer

Awesome I think I am there with the defence based on your feedback I will research the forum for a WS and highlight the signage evidence above.

I have to have a defence in by 4 PM tomorrow so do you think its okay to send Defence and WS separately or should they go together alongside the costs?

KeithP

FrequentOverstayer said:

I have to have a defence in by 4 PM tomorrow so do you think its okay to send Defence and WS separately or should they go together alongside the costs?

Only your Defence gets filed now.
Witness Statement, Costs Schedule and evidence come later.