PCN with County Court N1 form (Excel (ELMS Legal))

Ed2022

1505grandad said:

Can you post the actual Defence paras you changed in the template D  -  was wrong date stated?

Hi @1505grandad, see below that I sent early on.

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DEFENCE

1.     The charge and the claim are an unexpected shock. It is denied that the defendant’s vehicle (XXXX XXX) parked at location, Three Spires Shopping Centre car parks on the (Sunday) 02/01/2022

2.     On date, the defendant’s vehicle was located at the Defendant’s place of work, XXXX (postal code XXX XXX) from approximately 8am to 6pm.  The defendant will produce evidence to the court if required to evidence that. Accordingly, no contract was capable of being formed with the defendant, driver of the vehicle, or at all. 

3.     The defendant denies that there is any liability to the claimant for the sums claimed in the particulars of claim arising from the alleged breach of contract, costs or interest thereon. 

Conclusion

4.     The claim is entirely without merit and the Claimant is urged to discontinue now, to avoid incurring costs and wasting the court's time and that of the Defendant. 

5.     The Defendant believes that it is in the public interest that claims like this should be struck out because knowingly parking claims like this one cause consumer harm on a grand scale.

6.     In the matter of costs, the Defendant asks:

(a) at the very least, for standard witness costs for attendance at Court, pursuant to CPR 27.14, and

(b) for a finding of unreasonable conduct by this Claimant, seeking costs pursuant to CPR 46.5. 

7.     Attention is drawn specifically to the (often seen from this industry) possibility of an unreasonably late Notice of Discontinuance. Whilst CPR r.38.6 states that the Claimant is liable for the Defendant's costs after discontinuance (r.38.6(1)) this does not normally apply to claims allocated to the small claims track (r.38.6(3)). However, the White Book states (annotation 38.6.1): "Note that the normal rule as to costs does not apply if a claimant in a case allocated to the small claims track serves a notice of discontinuance although it might be contended that costs should be awarded if a party has behaved unreasonably (r.27.14(2)(dg))."   

Statement of Truth

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@coupon-mad agree and thank you.

Coupon-mad

Ah, so this was done based purely on responding to the incorrect date and denying that the car was there.

Good, then you now need (at WS and evidence stage) to evidence that denial.

Ed2022

Coupon-mad said:

Ah, so this was done based purely on responding to the incorrect date and denying that the car was there.

Good, then you now need (at WS and evidence stage) to evidence that denial.

Okay will do.

So I shouldn't talk about inadequate signage etc?

Coupon-mad

You can't because your defence is "I have proof that i was not there on the material date".

Ed2022

Coupon-mad said:

You can't because your defence is "I have proof that i was not there on the material date".

Okay thanks, sorry I know it was a silly question.
Seems from the notice in the last page from Nuneaton CC, no mention of the wrong date nor from the Claimant.
The DS will be less exhaustive then.

Ed2022

Hi sorry to ask for some more advice. My WS is below. I presume that I do not write another DS?

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1.     I am [NAME], of [ADDRESS] the Defendant in this matter and I am unrepresented. I will say as follows:

2.     On the Sunday 02/01/2022, I was the driver of the vehicle registration number [REGISTRATION].

3.     The  vehicle in question, registration number [REGISTRATION] was located at my place of work [WORK ADDRESS] from approximately 8am to 6pm. I have attached proof as Exhibit XX/01

4.     I deny that there is any liability to the claimant as physically the vehicle could not have been present at that location.

5.     The Claimant’s application is entirely devoid of any merit as advised in the Defendant’s Defence statement on the 22/08/2022 that no alleged breach of contract could have occurred on the alleged date on the particular of claim form of the 02/01/2022.

6.     The Claimant has had sufficient time to be able at amend their particular of claim, although has not made such attempts to the Court.

7.     The additional directions served from the County Court at [CCourt] on behalf of Deputy District Judge [judge], dated 10/11/2022 include points 7a to 7f. It would be prejudicial to respond to the following items as outlined in the Defence statement that no alleged parking contravention could have occurred on the date alleged.

8.     I invite the Court to dismiss this claim in its entirety, and to award my costs of attendance at the hearing, such as are allowable pursuant to CPR 27.14.

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The only worry is in the directions, the DDJ advised of these additional directions. How can I address these if my WS / DS is that I was not there on the day i.e., the POC date is wrong and they (Claimant) as well as CCBC are aware of this.
The Court did advice I need to apply for it to be struck out.

CPR 17.4(3) the Court may allow an amendment to correct a mistake as to the name of a party, but only where the mistake was genuine but it's rather the date.

Do I then apply to get it struck out? Rule 3.4(2)(a) (where a statement of case discloses no reasonable grounds for bringing or defending a claim);?

Coupon-mad

"5.  The Claimant’s application is entirely devoid of any merit as advised in the Defendant’s Defence statement on the 22/08/2022 that no alleged breach of contract could have occurred on the alleged date on the particular of claim form of the 02/01/2022"

should read as follows (there was no 'application' by the Claimant, was there?:


5.     The Claimant’s Claim is entirely devoid of any merit as stated in the Defendant’s Defence.  The facts are that no alleged breach of contract could have occurred on the alleged date of 02/01/2022, as stated in the Particulars of Claim.

Ed2022

Thank you @Coupon-mad

Ed2022

Submitted WS to Court & Claimant via email on 29/12, well before 28 days limit.
Not had anything from the C....

Ed2022

As I commented and noted form the other thread re Excel parking, spoken to the court and neither have they received the fee or the the WS (neither have I).

I will as suggested by @Le_Kirk raise this with the judge.

The court system is appear to in a backlog of 19 working days so would only be able to check 27/01/23 I.e., weekend before the case 😂