SUCCESSFULL DCB Legal County Court Stadium Retail Park Wembley

Ismaiel_c

I've tried to use the template please  help me to correct any mistakes

Coupon-mad

Looks fine to me.

It is long but part of my reasoning is to educate Judges about the issues without you having to remember it all on the day.

Le_Kirk

Are you defending as keeper and NOT driver or keeper AND driver?  You need it make that clear in your paragraph #2.  Your paragraph #3 reads more like a witness statement and you also have used "I" and defences are written in the third person, therefore use "the defendant".  You have paragraphs after #3 without numbering and every paragraph requires a number.

Ismaiel_c

I am the registered keep and driver

Le_Kirk

Ismaiel_c said:

I am the registered keep and driver

Then your defence should make that clear.

Ismaiel_c

DEFENCE        

1. The Defendant denies that the Claimant is entitled to relief in the sum claimed, or at all.  It is denied that any conduct by the driver gave rise to a ‘parking charge’ and it is denied that this Claimant (understood to have a bare licence as managers) has standing to sue or to form contracts in their own name at the location. The facts as known to the Defendant:

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

3. The defendant in the case of the alleged parking charge dated 18/12/2016 denies any contract was knowingly entered into while parking at stadium retail park Wembley. As you enter the gate of the parking there is no sign-age sating you will be entering into a “contract” nor any signs stating a maximum time limit to park within the parking nor a sign in any prominent location where customers are able to see them. Whilst in the retail park the Defendant visited currys, JD sports, and had McDonalds before leaving these things take time as the sales colleagues want to show you multiple electronics, the Defendant believe the maximum time to park has been set to entrap customers of the retail park to receive a parking invoice even if they are a couple of minutes late.  

The signs in this car park are not in prominent, clear, or legible from all parking spaces and there is insufficient notice of the sum of the parking charge itself.

It is noted that within the Protection of Freedoms Act (POFA) 2012 it discusses the clarity that needs to be provided to make a motorist aware of the parking charge. Specifically, it requires that the driver is given ‘adequate notice ‘of the charge. POFA 2012 defines ‘adequate notice’ as follows:   “For the purposes of sub-paragraph (2) ‘adequate notice’ means notice given by: (a) the display of one or more notices in accordance with any applicable requirements prescribed in regulations under paragraph 12 for, or for purposes including , the purposes of sub-paragraph (2); or (b) where no such requirements apply, the display of one or more notices which: (i) specify the sum as the charge for unauthorised parking; and (ii) are adequate to bring the charge to the notice of drivers who park vehicles on the relevant land”          

Coupon-mad

Typo: 'sign-age'.

Also you need paragraph (whole line) gaps between and 1.25 line-spacing in your actual document, to make it easy to read.

And this will be emailed of course, once signed & dated (see the 12 steps in the 1st post of the Template Defence thread).

Ismaiel_c

Thank you sorry the spacing isnt working on my phone.

Ismaiel_c

Going to email this later today. Any further suggestions i need to improve on?

Coupon-mad

Looks good to me.  Are you sure you did overstay and didn't move the car in between from one car park to another area within the site?