4 Year Old PCN with bonus PCN

snores

Mouse007 said:

25 pages appears to be the limit

https://www.civillitigationbrief.com/2018/03/23/striking-out-a-defence-font-size-line-spacing-and-a-maximum-page-length-ordered-pleadings-that-tend-to-obfuscate-rather-than-clarify-the-issues/

Thank you for checking. My Defence was only 10 pages! My other claim is also at the same court, same length of Defence and that hasn't been struck out like this one has (presumably allocated to a different judge) - in fact I've been allocated a court date for that case (20th Jan)

Coupon-mad

Mouse007 said:

snores said:

I feel really insulted actually that they deem it 'excessive in length' - it's all pertinent and wouldn't be included if it was irrelevant. Really unsure how to condense it into 4 pages

I think it is outrageous but have no idea if the Court has the right to restrict your defence in that way.

The court can say what it likes.  It is up to the Court and these Directions are unusual but clear.  Can't argue.

But I do take issue that the hirer is expected to recall who was driving 5 years ago and why the Defendant can possibly be expected to know or say whether 'she or her driver was in breach".

SHE OR HER DRIVER - !!!!!!?

OK so this OP will have to drop most of the stuff in the second half of the template and instead adapt a more concise example from the NEWBIES thread where there are other links, such as to defences by bargepole and johnersh. 

snores

Coupon-mad said:

Mouse007 said:

snores said:

I feel really insulted actually that they deem it 'excessive in length' - it's all pertinent and wouldn't be included if it was irrelevant. Really unsure how to condense it into 4 pages

I think it is outrageous but have no idea if the Court has the right to restrict your defence in that way.

The court can say what it likes.  It is up to the Court and these Directions are unusual but clear.  Can't argue.

But I do take issue that the hirer is expected to recall who was driving 5 years ago and why the Defendant can possibly be expected to know or say whether 'she or her driver was in breach".

SHE OR HER DRIVER - !!!!!!?

OK so this OP will have to drop most of the stuff in the second half of the template and instead adapt a more concise example from the NEWBIES thread where there are other links, such as to defences by bargepole and johnersh. 

Thank you for validating my outrage CM! 

I've found the concise Defence that johnersh submitted, will try working with that in the first instance. I don't know how many more ways I can state that I deny liability though, I've referenced it multiple times that I deny liability as keeper, but how can I deny liability as driver when I don't know who was driving?

The order also asks why the PPC have taken 5 years to pursue this - do I recall there being a change in legislation whereby PPCs are capped to a certain amount that they can now "claim"? Would this be the reason why they're digging up PCNs from years ago? I want to address this point specifically as DCB have just said "court was a last resort and it's taken them 5 years to exhaust all other avenues" (BIG LOL there)

Mouse007

snores said:

The Court Order arrived!

"The Defendant shall ...  and identifying briefly whether each allegation in the POC is admitted or denied and the reasons for denying the same. If the Defendant fails to comply, the Defence will be struck out"

Hang on, Rule 16.5 of Part 16 - Statements of Case at 1 states

(1) In the defence, the defendant must deal with every allegation in the particulars of claim, stating—

(a) which of the allegations are denied;

(b) which allegations they are unable to admit or deny, but which they require the claimant to prove; and

(c) which allegations they admit.

https://www.justice.gov.uk/courts/procedure-rules/civil/rules/part16

So pick (b) and your defence will be struck out?

Coupon-mad

No, you are allowed to say you are 'unable to admit or deny' some allegations due to the Claimant failing to provide sufficient evidence of any breach , nor who was driving, nor a copy of the contract (sign) that they say was in situ 5 years ago.

Can you show us the new POC please?

snores

Coupon-mad said:

No, you are allowed to say you are 'unable to admit or deny' some allegations due to the Claimant failing to provide sufficient evidence of any breach , nor who was driving, nor a copy of the contract (sign) that they say was in situ 5 years ago.

Can you show us the new POC please?

Apologies for the screenshot, I'm still at work and my partner texted them to me.

[deleted]

Coupon-mad

Ok - and the new POC/explanation of the cause of action, from the Claimant?

Mouse007

Go for 6              

snores

Coupon-mad said:

Ok - and the new POC/explanation of the cause of action, from the Claimant?

I have pasted this on page 9 if you're ok to scroll back please. If not let me know and I'll pop it here 

snores

Mouse007 said:

Go for 6              

To ask that it's set aside? Am I allowed to do that?