Newbie at the start of his CCJ claim form defence journey (Help) - UPDATE-CLAIM STRUCK OUT!!!!

Gaz87

Coupon-mad said:

Those photos are evidence of precisely NOTHING!

Yep my thoughts exactly, I think this will be one of my main factors to use in drivers  defence. 

Le_Kirk

A bit of background I have a ccj claim form sent to me from DCB legal Ltd on behalf of UK parking control Ltd with an issue date of 11th January 2023 for a vehicle I was the registered keep of at the time. 

Do you have a CCJ or is it just a claim form and you are looking for help in compiling a defence or for a set-aside?  As @Coupon-mad remarks, those photos do not show the vehicle parked outside of  bay or anywhere come to that - good defence from claimant's own evidence!

Gaz87

Le_Kirk said:

A bit of background I have a ccj claim form sent to me from DCB legal Ltd on behalf of UK parking control Ltd with an issue date of 11th January 2023 for a vehicle I was the registered keep of at the time. 

Do you have a CCJ or is it just a claim form and you are looking for help in compiling a defence or for a set-aside?  As @Coupon-mad remarks, those photos do not show the vehicle parked outside of  bay or anywhere come to that - good defence from claimant's own evidence!

Hi Thanks for the reply. 

No its just claim form at this stage, up to now I have submitted my acknowledgement and got the above info from a SAR request. 

I will type up my defense this evening and post so. Hopefully I can get it completed for submitting on Monday. 

I agree the pictures are shocking and don't really show anything. I am Suprised they don't look at these things before taking it this far. 

Coupon-mad

They don't need to.  About 80% of people - maybe more - eventually pay (or get a CCJ due to ignoring a claim) by court stage.

Why would they need evidence?!  Very few take them this far.

Appalling scam, innit?

Gaz87

Coupon-mad said:

They don't need to.  About 80% of people - maybe more - eventually pay (or get a CCJ due to ignoring a claim) by court stage.

Why would they need evidence?!  Very few take them this far.

Appalling scam, innit?

100% none of them should be aloud to operate. 

Gaz87

Hi everyone 

Below is the start to my defence points 2 and 3. 

I know it's not alot but just wanted to see if I'm on the right tracks and anything else you would add that I'm missing?

Sorry again in advance for my lack of knowledge

Should I mention about the SAR request and the poor and pointless images they have? 

The facts as known to the Defendant: 

2. It is admitted that the Defendant was the registered keeper of the vehicle in question. 

The driver is unknown on this evening in January as this was over 5 years ago, and several other people would have been legally able to drive said vehicle with defendant a passenger. 
 

3. The driver visited Ashton moss leisure park on an evening in January 2018. The car park in said location had no visible parking signs on entrance or exit and none was noted at the time in areas entered in the car park on a dark night. The carpark is free to use for customers making use of the many restaurants and entertainment facilities on site. 

The driver parked amongst a row of vehicle's which were already parked in the same fashion as all other parked cars on the carpark. To this day the defendant has been provided with no proof that the vehicle in question was parked in any way that would be considered incorrect in any form. 

 

Not_A_Hope

You should add ‘but liability is denied’ to the first sentence of para  2.

The driver is unknown on this evening in January as this was over 5 years ago, and several other people would have been legally able to drive said vehicle with defendant a passenger. 

Unless you are suggesting and have evidence that the claimant has not complied with POFA I don’t think this helps you. It certainly doesn’t ring true that ‘the driver is unknown’ but you then go on to state what the driver did and what they did or didn’t see.

Coupon-mad

 It certainly doesn’t ring true that ‘the driver is unknown’ but you then go on to state what the driver did and what they did or didn’t see. 

Seconded.

Admit to driving if you were, @Gaz87

Le_Kirk

Not_A_Hope said:

You should add ‘but liability is denied’ to the first sentence of para  2.

The driver is unknown on this evening in January as this was over 5 years ago, and several other people would have been legally able to drive said vehicle with defendant a passenger. 

Unless you are suggesting and have evidence that the claimant has not complied with POFA I don’t think this helps you. It certainly doesn’t ring true that ‘the driver is unknown’ but you then go on to state what the driver did and what they did or didn’t see.

"The liability is denied" phrase is now in paragraph #1.  Also agree re "driver is unknown..........."  And to the OP, all paragraphs require a number.

Gaz87

Thank you for everyone's input.

Below is with some revisions, what else should I be adding?

Should I add all the 25 sections of the template?

Should I refer the sar and pictures provided or leave that for now?

Just feel like it's not enough

Many Thanks again. 

The facts as known to the Defendant: 

2. It is admitted that the Defendant was the registered keeper and driver of the vehicle in question. 

 

3. The driver visited Ashton moss leisure park on an evening in January 2018 for some food and to watch a film. 

4. The car park in said location had no visible parking signs on entrance or exit and none was noted at the time in areas entered in the car park on a  rainy dark night. The carpark is free to use for customers making use of the many restaurants and entertainment facilities on site. 

5. The driver parked amongst a row of vehicle's which were already parked in the same fashion as all other parked cars on the carpark. To this day the defendant has been provided with no proof that the vehicle in question was parked in any way that would be considered incorrect in any form.