£3000 County Court Claim from Park Direct UK

CluelessDefendant

KeithP said:

Sorry, but Date of Service is explained.

The back of your County Court Claim Form tells you:

Note the last sentence there - "The day of service is taken as 5 days after the issue date shown overleaf".

It goes on to say:

Should probably say that none of that was written in the CCC letter...

Mouse007 said:

Make sure you read this

As others have said use the template defence, as you are a recent grad you might appreciate seeing the one I prepared for my son. Circumstances slightly different but shows how to approach the task. Do post your draft here, but only your paras 2 and 3+, not the rest of the template - we all know what that says.

Will do, did your son win his case by any chance? The defence you've put in is really helpful 

KeithP

CluelessDefendant said:

KeithP said:

Sorry, but Date of Service is explained.

The back of your County Court Claim Form tells you:

Note the last sentence there - "The day of service is taken as 5 days after the issue date shown overleaf".

It goes on to say:

Should probably say that none of that was written in the CCC letter...

That's right. It isn't.
But as I said, it is on your County Court Claim Form.

Coupon-mad

CluelessDefendant said:

People with no permits don't park in bays and block up the estate, which is why we got the housing officer to procure this private parking firm's services, they never get tickets..

I have absolutely no idea why any residents would ever in a million years want a private parking firm on site.

If's like turkeys voting for Christmas.

Did no-one Google it?  Did no-one realise you'd be the sitting ducks?  That's how the scam works.

This isn't 'weird' policing of the estate.  This is what this rogue industry do.

If your family still live there, they need to unpick this huge error and sack the parking firm immediately.

It is the very last thing any residents want.  Never, ever, ever vote for a parking firm!

Mouse007

CluelessDefendant said:

Will do, did your son win his case by any chance? The defence you've put in is really helpful 

Yup - and against a bad judge. Preparation, preparation and er preparation.

CluelessDefendant

Hi guys,

I've been busy with work this week so hopefully have a draft for my defence ready this weekend to get some feedback on.

I'll also be calling our housing officer to see what they can do.

Just a quick question, I made a SAR request last friday and they got back to me on monday requesting photo I.D.. I foolishly sent a Photo I.D. which after reading the newbie sticker I probably shouldn't have. The problem is they haven't got back to me in the last 4 days, not even after I chased them up yesterday and this morning. I really want to see some of these "PCNs" to help build my case... Is there anything I can do?

Le_Kirk

Anyone to whom you submit a SAR has one calendar month to respond.  The data you receive will be more useful at witness statement stage.  Don't they list the PCNs in the POC on the claim form? 

Coupon-mad

Yep, the SAR reply won't affect the defence.

CluelessDefendant

Le_Kirk said:

Anyone to whom you submit a SAR has one calendar month to respond.  The data you receive will be more useful at witness statement stage.  Don't they list the PCNs in the POC on the claim form? 

Yes they did but I only have a couple of them with me.. 

B789

Don't forget that as part of your defence you can request that the claim is struck out if the PoC is not adequate.

The defendant respectfully would like to draw the courts attention noting that:

1. The Particulars of Claim are entirely inadequate, in that they fail to particularise (a) the contractual term(s) relied upon; (b) the specifics of any alleged breach of contract; or (c) the alleged loss

2. The Defendant is unable, on the basis of the Particulars within the Claim Form, to understand properly and specifically what case is being pursued

3. The Particulars 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"

4. The claim has been issued via Money Claims Online and, as a result, is subject to a character limit for the Particulars of Claim section of the Claim Form

5. In the opinion of the Defendant it ought to have been entirely possible to deal with the matters outlined above within that character limit but for the fact that generic wording appears to have been applied

6. In the event that it was or is impossible to properly set out the key parts of the claim within the character limit then it was incumbant upon the Claimant to file and serve separate Particulars of Claim within 14 days per 16PD.3

7. The guidance for completing Money Claims Online confirms this and clearly states: "If you do not have enough space to explain your claim online and you need to serve extra, more detailed particulars on the defendant, tick the box that appears after the statement 'you may also send detailed particulars direct to the defendant.'"

AND UPON no further particulars having been filed

AND UPON it having been entirely within the Claimant's Solicitors' gift to properly plead the claim at the outset

AND UPON the claim being for a sum, well within the small claims limit, such that the Defendant considers it disproportionate and at odds with the overriding objective (in the context of a failure by the Claimant to properly comply with rules and practice directions) to order further particulars, to which a further defence might be filed, followed by further referral to a Judge for directions and allocation

IT IS REQUESTED that:-

1 The Claim is struck out

Or words to that effect. At least bring it to the judges attention for consideration.

Coupon-mad

DCB Legal were dispatched to chase me up but the CCC has come directly from the parking company.

Really, are you sure it's not via DCBLegal?

Please copy & paste the Particulars of claim here, redacting your VRM.