Defence Letter Court Claim

Pixywixie

1505grandad said:

Just checking  -  "Premier Parking Logistics LTD"

Is the above the name of the claimant as stated on the claim form?  -  the signs posted previously appear show the contract entity as Walton Wilkins T/A.........

I will check the paperwork! Thank you

Pixywixie

Le_Kirk said:

If your defence is against a claim of "parked outside of a marked box/bay" you should state that at the beginning of paragraph 3 so the rest of it makes sense to the judge.  Also every paragraph requires a number.

Thank you! I didn’t realise each paragraph must be numbered and I will add what you suggested into paragraph 3

Pixywixie

Here is my edited defence, any more feedback?

IN THE COUNTY COURT

Claim No.:  xxxxxx

Between

Walton Wilkins T/A Premier Parking Logistics

(Claimant) 

- and -  

My name                      

 (Defendant)

_________________

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 registered keeper and driver of the vehicle in question but liability is denied. 

3. The claimant issued a PCN to the driver on DATE for “not parking wholly within the bay”. The driver parked backwards within a bay, leaving a gap between the bollards and the car boot in order to safely remove a pushchair and strap in a toddler. The vehicle was no further out than other cars parked alongside it. The bays do not have a box all the way around denoting the parking bay, so it can be assumed that the designated parking bay began from the raised portion separating the driving area from the parking area. The texture of the ground in the parking bay remains consistently the same up until that point, making it appear to be part of the bay. The driver attempted to read two signs in the car park but they were placed high up on a wall and on a post behind parked cars. The text was too small to be seen clearly from the distance of a car length.

4. The facts in this defence come from the Defendant's own knowledge and honest belief.  The Defendant should not be criticised for using some pre-written wording from a reliable source.  The Claimant is urged not to patronise the Defendant with (ironically template) unfounded accusations of not understanding their defence. This Defendant signed it after full research and having read this defence several times, because the court process is outside of their life experience.  The claim was an unexpected shock.

1505grandad

"Walton Wilkins T/A Premier Parking Logistics"

So the claim is definitely in the above name sole name?  -  just wondering where you obtained/why you originally headed it as a limited company?.

Pixywixie

1505grandad said:

"Walton Wilkins T/A Premier Parking Logistics"

So the claim is definitely in the above name sole name?  -  just wondering where you obtained/why you originally headed it as a limited company?.

I got confused because my original appeal was to the company’s email address Premier Parking Logistics. I thought you had to add limited on the end as it was in the defence template in the forum.

When I checked my court claim paperwork, the claimant is written as Walton Wilkins T/A Premier Parking Logistics

Pixywixie

Does that look ok now to everyone? Can I print, sign and email it?

Thank you all for your help. I was really struggling with what information to include in the defence

Coupon-mad

It's fine!

I would add 'but this is denied.' after:

3. The claimant issued a PCN to the driver on DATE for “not parking wholly within the bay”

Pixywixie

Thank you coupon-mad. Really appreciate it!

Pixywixie

Hello all.

I am filling in my Directions Questionnaire. I am stuck on D1 (Do you consider that this claim is suitable for determination without a hearing? If no, please state why not.)

I can’t seem to find a template/standard response searching through the forum

Does this sound OK?:

This case requires the judge to hear directly from myself so that the reasons for the parking dispute can be explained in full detail

Le_Kirk

If you want the parking company to win, select yes, otherwise if you want to win, select no and the reason you have given is fine.  You absolutely do not want it heard "on papers" for the reasons you give.