Court Proceedings - Defence Critique Please

Coupon-mad

I like the way you slotted in your facts.

I would remove this subheading because it looks a bit like your whole defence is about this one point, when in fact you have lots more points, and your main point is that you've already transferred liability: 
Defence - Authority to Park and Primacy of Contract

And add back in whatever you removed from the template because it's all there for good reason. No Defendant should EVER omit a point about unclear signage.  That must always be challenged and it stays, as does all the template defence, every time.  Doesn't matter if you don't know, or have never seen the signs in your life!

1505grandad

Just checking:-

"8.                The particulars of this claim refer to ***address***  The driver’s partner (a named driver on the vehicle) has held legal title under the terms of a lease to *no* since *year*.  At some point the managing agent contracted with the Claimant company to enforce parking conditions on the estate (a relationship that has since been terminated.)"

Para 19  -  "This causes a substantial and unreasonable interference with the Defendant's land/property, or his/her use or enjoyment of that land/property."

Is para 19 on all fours with statement in para 8?

MsSLP

Coupon-mad said:

I like the way you slotted in your facts.

I would remove this subheading because it looks a bit like your whole defence is about this one point, when in fact you have lots more points, and your main point is that you've already transferred liability: 
Defence - Authority to Park and Primacy of Contract

And add back in whatever you removed from the template because it's all there for good reason. No Defendant should EVER omit a point about unclear signage.  That must always be challenged and it stays, as does all the template defence, every time.  Doesn't matter if you don't know, or have never seen the signs in your life!

Noted - re heading 

Noted re the omissions - will add back in

Thanks for the additional feedback 

MsSLP

1505grandad said:

Just checking:-

"8.                The particulars of this claim refer to ***address***  The driver’s partner (a named driver on the vehicle) has held legal title under the terms of a lease to *no* since *year*.  At some point the managing agent contracted with the Claimant company to enforce parking conditions on the estate (a relationship that has since been terminated.)"

Para 19  -  "This causes a substantial and unreasonable interference with the Defendant's land/property, or his/her use or enjoyment of that land/property."

Is para 19 on all fours with statement in para 8?

...in that it references the Defendant who isn't in fact the Driver?  Would this make more sense then:

1.                This causes a substantial and unreasonable interference with the Leaseholder’s land/property, or his/her use or enjoyment of that land/property – which is extended to visitors by permission of the Leaseholder, in this case the Driver.

Coupon-mad

Yes that reads better.  Good defence.

MsSLP

Thank you all for your help -  I have added back in the bits suggested and about to submit via email.  I'll keep you posted and no doubt I'll be back for further guidance when the Parking Firm inevitably says they intended to proceed!  

The help is very much appreciated.   

MsSLP

I'm struggling to find an email adress for DCB Legal - shall I use info@dcblegal.co.uk or collections@dcblegal.co.uk?  Would either of these be sufficient?

MsSLP

All good - found this post. I'll use info@

26 April at 4:38AM 

Coupon-mad said:

Not essential but a good idea:

paul@dcblegal.co.uk

danielle@

info@

all work.

MsSLP

Weirdly, I have received an auto response form the legal rep email (that was cc'd) but not from CCBCAQ yet - when I filed the AoC I immediately received an auto-response confirming they had received my email, but nothing this time.  

Should I chase acknowledgment of receipt? 

Coupon-mad

Send it again.  This is VITAL.