court claim from the CNBC

Nc2022

KeithP said:

Nc2022 said:
Is the date 4pm on Monday 28th October 2024 to file a defence?

In my post earlier today I wrote...

KeithP said:
...you have until 4pm on Monday 28th October 2024 to file a Defence.

Please let me know how that could be made clearer.

Just double checking! Thanks for helping!

Nc2022

Hi, 
thoughts on this for my defence

The facts known to the Defendant:

2. The facts in this defence come from the Defendant's own knowledge and honest belief.  Conversely, the Claimant sets out a cut-and-paste incoherent and sparse statement of case. The POC appear to be in breach of CPR 16.4, 16PD3 and 16PD7, and fail to "state all facts necessary for the purpose of formulating a complete cause of action". The Defendant is unable, on the basis of the POC, to understand with certainty what case, allegation(s) and what heads of cost are being pursued, making it difficult to respond. However, the vehicle is recognised and it is admitted that the Defendant was the registered keeper.

 

3. On December 24, 2021, the Defendant briefly stopped their vehicle at Stratford Road P&D, 683-695, Stratford Road B114DX, in a non-parking area with the intention of parking. There were no signs indicating that waiting for a parking spot was prohibited; the only signage specified that a charge would apply once a vehicle was parked in a formal spot. Believing that another car was in the process of leaving, the Defendant waited for the space to become available while remaining inside the vehicle at all times, ensuring that the car was not left unattended. After waiting for approximately two minutes without the other vehicle departing, the Defendant’s co-passenger exited the vehicle to attempt to see if the car was moving and to discover the parking machine malfunctioned by neither accepting notes nor dispensing change. Consequently, the co-passenger went to a nearby local shop to obtain the necessary change but was delayed by a queue. Due to the extended wait time and concerns about remaining in a crowded area during the COVID-19 pandemic, the co-passenger returned to the Defendant’s vehicle and secured alternative parking. Therefore, the vehicle was never left unattended, and the delay in payment was caused by unforeseen technical issues with the payment machine and the co-passenger’s efforts to resolve the situation promptly while adhering to COVID-19 safety guidelines.

The defendant lawfully stopped their vehicle on Stratford Road while awaiting a parking spot, operating under a genuine belief that the area was part of the public road. This misunderstanding arose due to the indistinct and obscured boundary between the public highway and adjacent private land, which lacked clear signage or visible demarcation. The proximity of the public and private sections, combined with the absence of explicit indicators, led the Defendant to reasonably conclude that parking in that location was permissible. Acting in good faith and without any intent to violate parking regulations, the Defendant stopped the car whilst remaining in the car, awaiting a car space to open. Therefore, the defendant respectfully requests that the court dismiss the charges, as the Defendant’s actions were based on an honest misunderstanding rather than any deliberate wrongdoing.

The signage was neither close to where the Defendant had stopped the car nor adequately lit or clear in indicating that the area was private land. Additionally, the incident occurred on a winter night, further obscuring visibility and contributing to the Defendant’s inability to discern the private nature of the parking area. While the Defendant remained in the vehicle awaiting a space, no Parking Charge Notice (PCN) was attached to the windscreen, nor was the Defendant approached by a ticket warden, as the Defendant did not exit the vehicle. Consequently, the Defendant was unaware of receiving a PCN or of mistakenly parking in a restricted area.

Coupon-mad

I think stop at the word 'guidelines' and remove those repetitive final 2 paragraphs. Then add the Template Defence around it & sign/date it.

Job done. 

Nc2022

Coupon-mad said:

I think stop at the word 'guidelines' and remove those repetitive final 2 paragraphs. Then add the Template Defence around it & sign/date it.

Job done. 

Hi

received this today. Do I just wait it out? 

Coupon-mad

Please re-read the first 12 steps.

Nc2022

Coupon-mad said:

Please re-read the first 12 steps.

Hi, I recieved my questionnaire and I’m just about to send it but read I can email it also. 

Is this the email I can send the questionnaire to: ccbcaq@hmcts.gsi.gov.uk

Sorry to ask I’ve tried to look for it and just want to confirm. 
I will also send a copy to the opposing party. 

Gr1pr

Definitely not 

Study the 12 steps again in the defence template thread, plus post 2 in the newbies sticky thread in announcements too.  You want the DQ address  ( the one you posted was retired around 8 months ago. )

Nc2022

Gr1pr said:

Definitely not 

Study the 12 steps again in the defence template thread, plus post 2 in the newbies sticky thread in announcements too.  You want the DQ address  ( the one you posted was retired around 8 months ago. )

Hi

I was reading the wrong post. I found this. Can I email it here or does it have to be posted to the address that’s listed on the form?
 They

Gr1pr

We always recommend emailing the DQ 

Its quick, easy, instant, plus an instant response showing that its been received, its cheaper too

You have no guarantees of receipt with the postal system 

Nc2022

Gr1pr said:

We always recommend emailing the DQ 

Its quick, easy, instant, plus an instant response showing that its been received, its cheaper too

You have no guarantees of receipt with the postal system 

Ok I will email it DQ.CNBC@justice.gov.uk
should I email the copy to the claimant too? Or post that one?