County Court Claim Form UK Parking Control Ltd

Coupon-mad

joeypin74 said:

well the problem is, the description of the address on Court Form is confusing, as it gives an address which, on google maps and streetview is quite a large area incorporating residential and other businesses.
D assumes it must be a restaurant carpark which has adjoining accommodation which is on the street listed?
D has visited this area before, but it was years before and D cannot remember if parking restrictions were in place, but D doesn't have an original PCN or NTK D does not know how to answer the claim of the breach? the only way he could obtain one would be a SAR I believe, but given the timeframe it is unlikely D would get this before the defence has to be lodged, so no help really?

The particulars does state a date, yes.

Right.

What you've just typed goes in as paragraph 3.

Le_Kirk

joeypin74 said:

well the problem is, the description of the address on Court Form is confusing, as it gives an address which, on google maps and streetview is quite a large area incorporating residential and other businesses.
D assumes it must be a restaurant carpark which has adjoining accommodation which is on the street listed?
D has visited this area before, but it was years before and D cannot remember if parking restrictions were in place, but D doesn't have an original PCN or NTK D does not know how to answer the claim of the breach? the only way he could obtain one would be a SAR I believe, but given the timeframe it is unlikely D would get this before the defence has to be lodged, so no help really?

The particulars does state a date, yes.

There is your info for paragraph 3 then, just tidy it up to use the standard defence wording style.

joeypin74

so just so I am understanding. para 2 is where D states they are the owner of the vehicle, but unsure of who was driving, due to other people having being insured etc.
para 3 is the defence above (tidied up) 
and all paragraphs copied from template defence on 2nd Newbies thread?
will that be all D needs to write as a defence before D emails?

Le_Kirk

The Defendant states they are the Registered Keeper (no such thing as owner where parking is concerned) but does not know who was driving on an unremarkable day xx years/months ago and due to other people being insured to (and regularly using) the vehicle.  Para 3 is, as you say and yes, you add the rest of the paragraphs to 27 before sending by e-mail to CCBC.

joeypin74

ok, so this is the tidied up version. If you still think it needs work, or rewording etc....please let me know @Le_Kirk @Coupon-mad @KeithP and thanks for all your input up until this point.

1.      The parking charges referred to in this claim did not arise from any agreement of terms. The charge and the claim was an unexpected shock. 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 a breach of any prominent term and it is denied that this Claimant (understood to have a bare licence as managers) 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 Particulars.
2.       
The Defendant states they are the Registered Keeper but does not know who was driving on an unremarkable day 1 years 3 months ago due to other people being insured to (and regularly using) the vehicle. 
 
3.      The defendant is unsure if the ticket was allegedly issued on windscreen or if the alleged offence was captured via ANPR, as no NTK was ever received.
 
The description of the address on Court Form is confusing, as it gives an address which, on Google maps and street view is quite a large area incorporating residential and other businesses.
The Defendant assumes it must be a restaurant carpark which has adjoining accommodation which is on the street listed, but this is only an assumption due to not receiving a PCN or NTK.

The Defendant has visited this area before, but it was years before and the Defendant cannot remember if parking restrictions were in place, but as the Defendant does not have an original PCN or NTK the Defendant does not know how to answer the claim of the breach.

 

The defendant had temporarily moved out of the address on the Claim Form in the period following the alleged incident. The defendant cannot remember being issued with or receiving any PCN, NTK or Debt Recovery letters within the period stated.

Coupon-mad

That's good except your acronyms need explaining:

- state in 3 that neither a Notice to Driver (NTD) nor a Notice to keeper (NTK) was received. 

And:

- every paragraph must be numbered. Obviously, you then simply re-number the template below it and your defence will be longer than some.

joeypin74

Hello All.
D has now formatted the response taking into account all recommendations as per above. D had also formatted to be in line with the Newbies thread ie Times Roman font at size 12 etc.

Please could you now confirm D needs to send:
a) A copy of Defence, signed and dated through recorded delivery to Northampton
b) a email copy to CBCAQ ?

If so, does anyone have the correct email for CBCAQ  or a link? 

Many thanks

Umkomaas

joeypin74 said:

Hello All.
D has now formatted the response taking into account all recommendations as per above. D had also formatted to be in line with the Newbies thread ie Times Roman font at size 12 etc.

Please could you now confirm D needs to send:
a) A copy of Defence, signed and dated through recorded delivery to Northampton
b) a email copy to CBCAQ ?

If so, does anyone have the correct email for CBCAQ  or a link? 

Many thanks

Please review the 12 bullet points in the Template Defence Announcement - all your answers are there. But currently no need to copy the defence to the claimant's solicitors - that advice was given when the CCBC was experiencing major admin problems at the height of the pandemic - as the CCBC will provide them a copy. 

joeypin74

where do I find the 12 bullet points in Template Defence Announcement? In the 2nd post of Newbies thread, or somewhere else?
Thanks

Umkomaas

joeypin74 said:

where do I find the 12 bullet points in Template Defence Announcement? In the 2nd post of Newbies thread, or somewhere else?
Thanks

In the first post of the above thread.