EURO CAR PARK LIMITED FINE

unamorena1

Coupon-mad said:

Here's a redacted version:

It doesn't even say where the hotel is, let alone what the driver is said to have done wrong.

What does that mean then? I am guessing what I have done wrong is not paying for the parking? It is stated the reason on point 3 though. The hotel is stated on point 2.

Coupon-mad

 It is stated the reason on point 3 though.

The hotel is stated on point 2.

No, neither are specified (as I already said).

Re-read what I actually typed about the hotel.  I didn't say it didn't name the hotel. Stop guessing what it is about. No need.

It means you do as we explained already:  go to the NEWBIES thread 2nd post and then via link to the Template Defence thread.  That has a special alternative defence to use when cases are not properly pleaded regarding the alleged breach.

This is what our resources are there for.

unamorena1

Right guys, I have just submitted the AOS. 
Now I am prepare to write up my defence! Wish me luck guys! All the threads are super helpful! I hope I will be able to post a draft in here once I have completed it?  I have checked the defence template. My query is, do I have to copy and paste all the 30 points? I understand that point 4 is MY POINT explaining what happened. But should I copy and paste the whole lot?

unamorena1

Coupon-mad said:

 It is stated the reason on point 3 though.

The hotel is stated on point 2.

No, neither are specified (as I already said).

Re-read what I actually typed about the hotel.  I didn't say it didn't name the hotel. Stop guessing what it is about. No need.

It means you do as we explained already:  go to the NEWBIES thread 2nd post and then via link to the Template Defence thread.  That has a special alternative defence to use when cases are not properly pleaded regarding the alleged breach.

This is what our resources are there for.

I have just submitted the AOS. 
I am now preparing to write up my defence!  All the threads are super helpful!  I have checked the defence template. My query is, do I have to copy and paste all the 30 points? I understand that point 4 is MY POINT explaining what happened. But should I copy and paste the whole lot?

Gr1pr

If you are copying and pasting on here, just post the first section, the early numbered paragraphs that you added or changed, only those 

The forum members do not want or need to see the later unchanged paragraphs, those are standard to everyone's defence 

Remember that you are adding the preliminary sections too, in the alternative defence, not just the standard defence,  so similar to the hharry100 defence example 

Think of this as adapting the first one sixth of the template, the rest is eventually included but not changed or altered 

So similar to what we told this member below, look at the last couple of pages, especially page 7

https://forums.moneysavingexpert.com/discussion/6520140/dcblegal/p7

But 

When your final section is approved, you copy and paste the other 20 to 25 paragraphs into it after your section, save as a final draft pdf document, the one you will be emailing as an attachment to the CNBC 

unamorena1

Gr1pr said:

If you are copying and pasting on here, just post the first section, the early numbered paragraphs that you added or changed, only those 

The forum members do not want or need to see the later unchanged paragraphs, those are standard to everyone's defence 

Remember that you are adding the preliminary sections too, in the alternative defence, not just the standard defence,  so similar to the hharry100 defence example 

Think of this as adapting the first one sixth of the template, the rest is eventually included but not changed or altered 

But 

When your final section is approved, you copy and paste the other 20 to 25 paragraphs into it after your section, save as a final draft pdf document, the one you will be emailing as an attachment to the CNBC 

Hi
Got it, once I have wrote it all out I will only post in the thread the fist 4 points so the wording can be reviewed. I do like feedback so any help is appreciated! Once this has been sorted then I will be copy and paste the rest points from the defence template. 

I have seen Harrys defence letter. He adds the Chan case transcript. Do I have to do that too? There is loads of info which I agree with but there is some of it I just don't understand or it seems to complicated for my mental capacity lol. I just don't want to add more than is necessary/relevant

Gr1pr

Yes , all of it , include the embedded images too , no links, no changes, UNLESS you have to change Harry's facts to your facts, so common sense changes ONLY, facts matter, you know the facts in your case, but probably not the legal jargon 

We don't necessarily know how a TV works or how planes work, but we expect those that do to understand them 

Those hharry paragraphs are for the courts benefit, a learned judge, not for your benefit 

My brother just moved house, he signed forms for his solicitor that he did not understand, but she did, and the other party's solicitor did. The difference here is that he employed a solicitor, you didn't 

So by posting the first section on here, seeking approval, you are getting the best free advice or criticism or critique BEFORE committing it to the CNBC in Northampton , so you are doing what I would do, and hundreds of others are doing or will be doing in future 

Coupon-mad

Paragraph 5 is the one with your facts.

Please go and click on the linked alternative defence in the 3rd paragraph of the Template Defence and you'll see.

Show us your first 6 paragraphs of the 30+.

unamorena1

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 was in breach of any term.  Further, it is denied that this Claimant (understood to have a bare licence as agents) has standing to sue or form contracts in their own name. Liability is denied, whether or not the Claimant is claiming 'keeper liability', which is unclear from the boilerplate text in the Particulars of Claim ('the POC').

The facts known to the Defendant:

 

2.       The facts in this defence come from the Defendant's own knowledge and honest belief.  Conversely, the Claimant sets out a sparse statement of case. The POC appear to be in breach of CPR 16.4, 16PD3 and 16PD7, and fail to "state all facts necessary for the purpose of formulating a complete cause of action". The Defendant is unable, on the basis of the POC, to understand with certainty what case, allegation(s) and what heads of cost are being pursued, making it difficult to respond. However, the vehicle is recognised, and it is admitted that the Defendant was the registered keeper and the driver.

Preliminary matter: The claim should be struck out

3.      The Defendant draws to the attention of the allocating Judge that there is now a persuasive Appeal judgment to support striking out the claim (in these exact circumstances of typically poorly pleaded private parking claims, and the extant PoC seen here are far worse than the one seen on Appeal).  The Defendant believes that dismissing this meritless claim is the correct course, with the Overriding Objective in mind.  Bulk litigators (legal firms) should know better than to make little or no attempt to comply with the Practice Direction.  By continuing to plead cases with generic auto-fill unspecific wording, private parking firms should not be surprised when courts strike out their claims based on the following persuasive authority.

4.      A recent persuasive appeal judgment in Civil Enforcement Limited v Chan (Ref. E7GM9W44) would indicate the POC fails to comply with Civil Procedure Rule 16.4 and Practice Direction Part 16. On the 15th August 2023, in the cited case, HHJ Murch held that 'the particulars of the claim as filed and served did not set out the conduct which amounted to the breach in reliance upon which the claimant would be able to bring a claim for breach of contract'. The same is true in this case and in view of the Chan judgment, the Court should strike out the claim, using its powers pursuant to CPR 3.4

 

PHOTOS OF CHAN….

 

5.      The defendant attended The Harlow Hotel by Accord between the 25th of March 2022 and the 27th of March 2022 with her partner. The defendant arrived at the hotel and proceeded to do the check in in reception. During the check in, it was not mentioned by the receptionist that the parking had a cost of 6 pounds per night, as the defendant thought the parking was included in the room price. During the 2 nights that the defendant stayed at the hotel it was not mentioned that parking charges were due.

6.      The Defendant, at the time of parking, did not observe any clearly visible signage detailing the terms and conditions of car park use near the parked vehicle's location. This absence of prominent signage led to an unawareness of any parking restrictions.

7.       The defendant was unaware of any parking issue until the first letter arrived on the mail dated 25th January 2024. At the time the parking charge noticed was issued 25/03/2022, the defendant  vehicle was not registered at the defendants current address and all the notices and charges were not received.

Coupon-mad

That doesn't match the paragraph order in the link I advised you to copy.  And you make no mention here of including the Chan transcript images as seen in the link.