defence against UKPC

KeithP

Corona_EXTA said:

KeithP said:

With a Claim Issue Date of 7th April, and having filed an Acknowledgment of Service in a timely manner, you have until 4pm on Tuesday 10th May 2022 to file your Defence.

That's two weeks away. Plenty of time to produce a Defence, but please don't leave it to the last minute.

To create a Defence, and then file a Defence by email, look at the second post in the NEWBIES thread.

Don't miss the deadline for filing a Defence.

Do not try and file a Defence via the MoneyClaimOnline website. Once an Acknowledgment of Service has been filed, the MCOL website should be treated as 'read only'.

thankyou so how should i word my defence?

Read again the post you have just quoted.
Particularly these words...

KeithP said:

To create a Defence, and then file a Defence by email, look at the second post in the NEWBIES thread.

Coupon-mad

How to word your defence?  That's what the link tells you.  We have a template.

Corona_EXTA

yes but point 3 says "in your own words" describe what happened/ went wrong. that's what i need help with. cheers

KeithP

Corona_EXTA said:

yes but point 3 says "in your own words" describe what happened/ went wrong. that's what i need help with. cheers

Well how about writing your paragraph 3 in your own words describing what happened and then asking here if anyone would be kind enough to review your proposal?

Corona_EXTA

KeithP said:

Corona_EXTA said:

yes but point 3 says "in your own words" describe what happened/ went wrong. that's what i need help with. cheers

Well how about writing your paragraph 3 in your own words describing what happened and then asking here if anyone would be kind enough to review your proposal?

ok thanks ill draft it up and post it after work. in the mean time is it worth complaining to the land owner?

KeithP

Corona_EXTA said:

KeithP said:

Corona_EXTA said:

yes but point 3 says "in your own words" describe what happened/ went wrong. that's what i need help with. cheers

Well how about writing your paragraph 3 in your own words describing what happened and then asking here if anyone would be kind enough to review your proposal?

...in the mean time is it worth complaining to the land owner?

Yes of course. What have you got to lose?

Corona_EXTA

KeithP said:

Corona_EXTA said:

KeithP said:

Corona_EXTA said:

yes but point 3 says "in your own words" describe what happened/ went wrong. that's what i need help with. cheers

Well how about writing your paragraph 3 in your own words describing what happened and then asking here if anyone would be kind enough to review your proposal?

...in the mean time is it worth complaining to the land owner?

Yes of course. What have you got to lose?

sorry if i sound stupid but im a noob to all this. How do i locate the land owner

Corona_EXTA

 KeithP said:

Corona_EXTA said:

KeithP said:

Corona_EXTA said:

yes but point 3 says "in your own words" describe what happened/ went wrong. that's what i need help with. cheers

Well how about writing your paragraph 3 in your own words describing what happened and then asking here if anyone would be kind enough to review your proposal?

...in the mean time is it worth complaining to the land owner?

Yes of course. What have you got to lose?

so this is what i have come up with so far. what do you think?

The defendant was visiting the retail park to do some shopping and parked their car in the car park, there are only a few small signs in the car park and are not visible at all from some areas of the car park. The defendant was not aware of the T&C's of the car park due to the poor signage. The defendant noticed that their car key had broken and had to walk home to locate their spare key and then walk back to their car to collect it. The defendant could not comply to the T&C's of the car park as their key had unexpectedly broken which was out of their control.

KeithP

Corona_EXTA said:

 KeithP said:

Corona_EXTA said:

KeithP said:

Corona_EXTA said:

yes but point 3 says "in your own words" describe what happened/ went wrong. that's what i need help with. cheers

Well how about writing your paragraph 3 in your own words describing what happened and then asking here if anyone would be kind enough to review your proposal?

...in the mean time is it worth complaining to the land owner?

Yes of course. What have you got to lose?

so this is what i have come up with so far. what do you think?

The defendant was visiting the retail park to do some shopping and parked their car in the car park, there are only a few small signs in the car park and are not visible at all from some areas of the car park. The defendant was not aware of the T&C's of the car park due to the poor signage. The defendant noticed that their car key had broken and had to walk home to locate their spare key and then walk back to their car to collect it. The defendant could not comply to the T&C's of the car park as their key had unexpectedly broken which was out of their control.

Is that part of your Defence or your complaint to the landowner?

Fruitcake

If you intend to include the point about the broken key in your defence paragraph 3, you need to mention that this caused a frustration of contract, as already mentioned previously on this thread.

Personally I think you would be better defending this as an identified driver, so your para 2 should refer to keeper and driver, but liability is denied.

I suggest you supplement your para 3 with reference to the Jopson vs Homeguard case where the judge stated that attending to a vicissitude of small duration such as dealing with a flat tyre is not parking. 
The case number was B9GF0A9E, although sometimes the references will have the leading letter B omitted, and the transcript is available online.
I would suggest that a broken car key constituted a vicissitude of short duration and therefore did not constitute a parking event.
Note that this case was heard in the appeal court and is therefore persuasive on the lower courts.