Court Defence details. Is this not to long ?

Chriswhgv

I was thinking about minimum informations given in point 3 as as statement of facts. 
Is that everything and not to long ? 

"3. Defendant traveled 3 hours from x city where he live to hotel in z city. A few miles before reaching the hotel, he asked a google voice search for a convenient place with good food on his way.

Information provided by the restaurant owner on the internet says directly that parking is available.

He drove without knowing exactly what they had on the menu.

Entering the restaurant parking, he noticed the lack of painted parking spaces. After stopping the car and opening the door, the defendant noticed barely visible old lines. Then he parked the car 5 meters away where he was sure that he could see the barely some contours of the parking space. A minimum of 5 minutes was needed to find a place and properly park.

The defendant is allergic to gluten and needs adequate meals. Due to the pandemic, the defendant rather avoided going inside and checked the menu on the website. He looked for a menu on the restaurant's website and unfortunately found nothing gluten free. Then, after a friend had confirmed the meals at this restaurant, he drove away.

The defendant didn't notice any sign at the entrance to the parking that day. After searching on google street view, the defendant realizes that a small sign was placed on the left side of the entrance, below the height of the mirror, which was not noticed when turning left from the street. No one with honest intention to offer the contract would put information in a place like this.

The defendant learned about the alleged breach and the existence of a contract from a letter read in mid-December.

After calling the number given, he heard that it was too late to appeal and he have to pay now. He replied that he will not pay anything because he believed that he was without fault and asked for a summons to the court."

Thank you good peoples

KeithP

Hello and welcome.

Sorry but that looks more like fodder for a Witness Statement.

A Defence should be for legal argument.

Defences get written most days on here. Have a look at some other threads for guidance.

Who is the Claimant?

Does the Claimant know who was driving at the time?

Do you understand that the keeper has more protection in law than the driver?

There will be no summons to court. This is a civil matter.

Where exactly did this parking event take place?
Has it been mentioned before on here?

Assuming you have a County Court Claim Form, what is the Issue Date on it?
Have you filed an Acknowledgment of Service? If so, when?

Grizebeck

CEL started farming out their claims to DCB moving away from in house only.
I wonder if they will still give up in the same manner....

i2obies

@Chriswhgv it could possibly go to court unless you defend it and then DCB pull out at the last minute this is becoming common of lately. Also you may want to edit your post you’ve uploaded a lot of sensitive information with regards to your court case! You’ve even included the claim number and password!!!

Chriswhgv

I tried to edit this post but I don't know how. I added the wrong photos. 

Umkomaas

Chriswhgv said:

I tried to edit this post but I don't know how. I added the wrong photos. 

I've reported it to MSE Admin team to ask that the photo be removed. I don't think they work at weekends though. So maybe removed tomorrow. 

KeithP

Chriswhgv said:

A claim was issued on 06/10/2022. Acknowledgment of service 17/10/2022 

With a Claim Issue Date of 6th October, and having filed an Acknowledgment of Service in a timely manner, you have until 4pm on Tuesday 8th November 2022 to file your Defence.

Just two days to go but that's plenty of time to produce a Defence.

To create a Defence, and then file a Defence by email, look at the second post in the NEWBIES thread.

Don't miss the deadline for filing a Defence.

Do not try and file a Defence via the MoneyClaimOnline website. Once an Acknowledgment of Service has been filed, the MCOL website should be treated as 'read only'.

Chriswhgv

I am lost.

After hours of reading I have more or less idea how to write a defense. That I should write straightforward what happened and why I believe that in these circumstances there was no contract and no conditions were broken / or met.

The only problem I have is that the claimant did not notify me at any time what the contract was and why it was broken. PCN Schedule got as a reason (s) only "permit holders only". Claim form "The vehicle was parked in breach of terms on cs signs (the contract). I can not see on street view what is on the sign. 

My question is:

Is the fact that on Internet all websites have information about available parking for customers. And does the fact that I did not notice the little sign on the left side of the road and did not pay attention to the rest of the signs have any meaning at all?

Did I just have the right to come to restaurant and find out what the menu is. And leave if there was nothing for me in a reasonable time? Is that the case ? 

Thank You

Coupon-mad

Yes, yes and yes.  Put all of that into para 3.

Why not browse through the posts going back a month or so, and read ten or more claim threads, to see what others put for their Paragraph 3?

Most cases are like yours - small signs, not sufficiently prominent to be seen.

Defences like yours are written here every day.  Copy what others put.

Chriswhgv

Coupon-mad said:

Yes, yes and yes.  Put all of that into para 3.

Why not browse through the posts going back a month or so, and read ten or more claim threads, to see what others put for their Paragraph 3?

I did. I read too many Others writing books for their Paragraph 3!

Umkomaas

Chriswhgv said:

Coupon-mad said:

Yes, yes and yes.  Put all of that into para 3.

Why not browse through the posts going back a month or so, and read ten or more claim threads, to see what others put for their Paragraph 3?

I did. I read too many Others writing books for their Paragraph 3!

Sometimes they can be a bit lengthy. Quality trumps quantity in my view. 

Why not throw the first draft of your para 3 up here and the forum will nudge you nearer and nearer a decent finished article? But, be aware of your short timescale and that there are very few forum regulars around at any given time to provide detailed critique.

The main task is to get a Defence in, even if the content is not optimal; you can embellish things further at the Witness Stage some months further down the line. For now, your Defence deadline is of the utmost importance, fail to meet it and your case is handed to the PPC with costs against you in the shape of a CCJ.