UK CPM N1 Court Claim Help

marsvoyager

Hi All,

Just wanted your opinions on another defence template from the Consumer action group. What is the main differences as I was told that The Content of Defence should Admit or Deny the allegations, but which also requires the claimant to prove in the  Defence Statement ?

Example: Particulars of Claim  for reference only

1.The claim is for breaching the terms and conditions set on private land.

 

2.The defendant's vehicle XXXX, was identified in the 'Location' on the 'Date' in breach of the advertised terms and conditions; namely Stopping in a restricted bus stop / stand.

 

3.At all material times the Defendant was the registered keeper and/or driver.

 

4. The terms and conditions upon  entering private land was the acceptance of the offer hereby entering into a contract by conduct.

 

5.The signs specifically detail the terms and conditions and the consequences of failure to comply,  namely a parking charge notice will be issued, and the Defendant has failed to settle the outstanding liability.

 

6.The claimant seeks the recovery of the parking charge notice, contractual costs and interest.

 

Amount Claimed £160

court fees £25

legal rep fees £50

Total Amount £235

 

Defence

 

The Defendant contends that the particulars of claim vague and are generic in nature which fails to comply  with CPR 16.4.  The Defendant accordingly sets out its case below and relies on CPR r 16.5 (3) in relation to any particular allegation to which a specific response has not been made.

1. Paragraph 1 is denied. It s denied that I ever entered into a contract to breach any terms and conditions of the stated private land.

 

2. Paragraph 2 and 4  are denied.  As held by the Upper Tax Tribunal in Vehicle Control Services Limited v HMRC [2012] UKUT 129 (TCC), any contract requires offer and acceptance.  The Claimant was only contracted to provide car park management services and is not capable of entering into a contract with the Defendant on its own account, as the car park is owned by and the terms of entry set by the landowner. 

 

3. It is admitted that Defendant is the recorded keeper of the vehicle. The claimant is not in a position to state if I was the driver at the time.

 

4.  Paragraph 5 is denied the claimant has yet to evidence that their contract with the landowner supersedes  Doncaster-Sheffield airport byelaws .Further it is denied that the Claimant’s signage is capable of creating a legally binding contract.

 

5. Paragraph 6 is denied, there are no contractual costs and interest cannot be accrued on a speculative charge.

 

6 Not withstanding the above on xx xxxx 2021 I made a request pursuant to CPR 31.14 for the claimant to disclose its necessary evidence in support if its claim. To this date the claimant has failed to respond to said request

 

Therefore the claimant is put to strict proof to evidence its cause of action and contractual costs and what loss it has suffered. 

 

The Claimant is further put to strict proof that it has sufficient proprietary interest in the land, or that it has the necessary authorisation from the landowner to issue parking charge notices, and to pursue payment by means of litigation.

 

The Particulars of Claim is denied in its entirety.  It is denied that the Claimant is entitled to the recovery or any recovery at all.

Umkomaas

Just wanted your opinions on another defence template from the Consumer action group.

6 Not withstanding the above on xx xxxx 2021 I made a request pursuant to CPR 31.14 for the claimant to disclose its necessary evidence in support if its claim. To this date the claimant has failed to respond to said request

Read CPR 31. Here's what the opening line says:

(2) This Part applies to all claims except a claim on the small claims track

Does that answer your question?

Coupon-mad

Before even reading it, I'm going to advise you that CAG are truly (very sadly) AWFUL at parking defences and appeals.

I've joined twice over the years (big gap between them I tried again, hoping they'd improved) and I swiftly left CAG both times. Could not stand it.

I will never post there again - due to the appalling 'advice' being given by certain posters there and their policy of banning people from posting links to MSE.

 What is the main differences as I was told that The Content of Defence should Admit or Deny the allegations, but which also requires the claimant to prove in the  Defence Statement ?

Our template does admit or deny the bits that matter. It then covers all the other issues that most newbies might otherwise miss, thus giving you a doorway through to a decent witness statement later where you can challenge the landowner authority, the signs, the POFA (if relevant) and the false added extortion of added 'DRA costs'.


EDIT:
I've just read that defence... it.is.awful.

marsvoyager

Coupon-mad said:

Without even reading it, I'm going to advise you that CAG are truly (very sadly) AWFUL at parking defences and appeals.

I've joined twice over the years (big gap between them I tried again, hoping they'd improved) and I swiftly left CAG both times. Could not stand it.

I will never post there again - due to the appalling 'advice' being given by certain posters there and their policy of banning people from posting links to MSE.

 What is the main differences as I was told that The Content of Defence should Admit or Deny the allegations, but which also requires the claimant to prove in the  Defence Statement ?

Our template does admit or deny the bits that matter. It then covers all the other issues that most newbies might otherwise miss, thus giving you a doorway through to a decent witness statement later where you can challenge the landowner authority, the signs, the POFA (if relevant) and the false added extortion of added 'DRA costs'.


EDIT:
I've just read that defence... it.is.awful.

Okay Coupon-mad,

Really appreciate your honest opinion about them, its a shame with a title of consumer action group that they are not really helping. Good to clear that up.

Thanks Again 

Coupon-mad

They try.  And the guy who runs it is good.  The posters are just terrible at parking cases IMHO.

Le_Kirk

1. Paragraph 1 is denied. It is denied that I ever entered into a contract to breach any terms and conditions of the stated private land.

No need to read any further after spotting this basic error!  Defences are, of course, written in the third person!

Trainerman

Le_Kirk said:

1. Paragraph 1 is denied. It is denied that I ever entered into a contract to breach any terms and conditions of the stated private land.

No need to read any further after spotting this basic error!  Defences are, of course, written in the third person!

Agreed. Plus paragraph 1 actually says that it is denied that there was a "contract to breech" (ie a contract to MAKE a breach), NOT that there was no contract, therefore nothing TO breach

marsvoyager

Big Thanks to Coupon-mad, Le-Kirk & Trainerman

Appreciate your Input.