Double Court Claim for residently Parking ( own space ) vs Moorside Legal

Coupon-mad

Looks fine.

MThomas95

Do i need to add any reference to statements within my tenancy agreement, or Superior lease ?

Coupon-mad

Nope, do that later in your WS bundle.

MThomas95

I am going to request a SAR from PCM tomorrow and then i will submit the defence.

Le_Kirk

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.

It looks like you are using the standard defence template (almost) but paragraph 1 is like the above not what you have used.  Any reason?  Feel free to ignore me if you want.

MThomas95

Le_Kirk said:

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.

It looks like you are using the standard defence template (almost) but paragraph 1 is like the above not what you have used.  Any reason?  Feel free to ignore me if you want.

No particular reason. Was following off a templated defence from Mouse007 in a similar case for his son.

MThomas95

If anyone has any feedback on things i could add to the defence, i would greatly appreciate it. There's a lot of information so i want to make sure i've covered all corners. 

Not_A_Hope

para 6 might read better without the second in i.e.   The Tenancy Agreement clearly states the bay (278) in which the Defendant has the right to park in without any additional requirements.

In paras 13 and 30 you refer to banned added costs. Please note they are not yet banned. Perhaps you could amend to include proposed banned costs.

In para 30 you refer to HMCTS. I think this needs to be changed to your PPC which is PCM UK Ltd at the top of your defence

KeithP

Not_A_Hope said:

In para 30 you refer to HMCTS. I think this needs to be changed to your PPC which is PCM UK Ltd at the top of your defence

I see nothing wrong in mentioning HMCTS - His Majesty's Courts & Tribunals Service - in that paragraph.

I notice that your Defence does differ quite a bit from the Template.

MThomas95

I have primarily used the template within https://www.dropbox.com/s/kz5geefnv6lyuta/Defence Redacted.pdf?dl=0. What has differed so much ?