VCS CCBC Claim Form - Not the driver - 6 years ago

Johnersh

Failing that, if you want to raise the point it *must* appear in the defence. The burden is then on C to prove they are within time.

These are simple points, so I like simple paras. My approach would be like this, but I'm unfamiliar with all the nuances here, so craft your own defence carefully. 

1. To deny receiving any PCN for the date specified in the PoC at all. 

2. To admit receiving a PCN for 7/4/2016 but to deny being the driver or to there being any cause of action arising from the matters set out in the particulars.

Background

3. The defendant denies receiving any PCN from the claimant ppc for 4/7/16. The parties have engaged in extensive pre-action correspondence regarding a PCN issued on 7/4/2016, as to which the defendant has retained all original notices. 

4. The defendant has supplied to the claimant correspondence from X garage confirming etc [tell story briefly]

Limitation Act 1980

5. The Claimant's cause of action in relation to the PCN which the defendant admits to having received, expired on 07/04/2022. There is no permission from the court for discretion to be exercised nor has any such application been made to the best of the defendant's knowledge. Any cause of action as to which the claimant may have been entitled is thereby extinguished. 

Costs and interest

6. It follows from the foregoing that the claimants claim for costs, damages and interest, whether contractual or otherwise, is denied.


*the o/p should double check that no other pcns have been missed and that the parking company is definitely the same etc etc.  That's not to patronise, but they all seem to have absurdly similar names! 

Coupon-mad

You won't get better than that. Johnersh is a solicitor so I do think the above is how you base your defence.

It might even fit in the MCOL defence box online, which we never normally use as it has such a low character count.

No template, nothing else, as long as you are sure this is definitely the same PCN.

The_Slithy_Tove

Should the OP be playing the DPA/misuse of personal data card, and looking to counterclaim for that? If they gave the name and address of the driver 4 years ago, then it's case closed, and they should no longer be processing that data.

Castle

The_Slithy_Tove said:

Should the OP be playing the DPA/misuse of personal data card, and looking to counterclaim for that? If they gave the name and address of the driver 4 years ago, then it's case closed, and they should no longer be processing that data.

True, but nothing to stop the OP from doing a stand-alone claim at a later date.

HNZS

Thank you all so much - there is a lot to digest above and I thank you all for the help.
Johnersh - thank you for laying out a defence strategy so clearly - it is exactly what I had hoped would be suggested as it rebuts everything in the PoC and all other points.
I will be putting the SAR/Disclosure request today to be sure there are no other PCNs.

HNZS

Johnersh said:

Probably too late with this, but a limitation point is a challenge to the jurisdiction of the court to hear the case.

The AoS should reflect that. It should then be lodged with an application to strike out, seeking costs. 

Hi Johnersh - I am really sorry but I don't know what this means.. is it that it shouldn't even go to court? and "The AoS should reflect that. It should then be lodged with an application to strike out, seeking costs. "

I haven't AoS'd yet. 

Jenni_D

If you haven't done the AoS yet then you have an opportunity still to challenge the jurisdiction of the court and get this struck out before even needing to file a defence. (Prepare your defence anyway). I'm not sure anyone else has done this though so you might need to research this

Grizebeck

Jenni_D said:

If you haven't done the AoS yet then you have an opportunity still to challenge the jurisdiction of the court and get this struck out before even needing to file a defence. (Prepare your defence anyway). I'm not sure anyone else has done this though so you might need to research this

I believe there is a fee for such an application, but these will be claimable if you win

Mouse007

Tick box 3, I intend to contest jurisdiction

HNZS

Thanks all - that is very helpful

https://www.justice.gov.uk/courts/procedure-rules/civil/rules/part11

If I read this correctly, a challenge to the Courts Jurisdiction can be made even if you have submitted a AoS - 
(3) A defendant who files an acknowledgment of service does not, by doing so, lose any right that he may have to dispute the court’s jurisdiction.

I've not seen the process yet for challenging the Courts Jurisdiction but the above does indicate that I would need to 
(4) An application under this rule must –
(a) be made within 14 days after filing an acknowledgment of service; and
(b) be supported by evidence.

Would the supported evidence need to be in legal speak? How in-depth does would it need to be (The PoC is just a few lines) and would Johnersh's original post summary suffice? -