Cp plus/DCBL CCBC claim form/defence, need help please

Coupon-mad

But don't wait for it.

In fact I prefer:

DEFENCE FIRST

SAR SECOND

Honey1be

I have just submitted the AOS today, I have started to put my defence statement & I will post it tomorrow before you guys for a review. Thanks all for your help & guidance.

Coupon-mad

Coupon-mad said:

I have downloaded the defence template and thinking of using 4,5 & 6 paragraphs as my defence, please guide me in right direction if I am missing something / going in wrong direction. 

I've no idea what you mean.

You use ALL of it.  In fact, I suggest you go copy the defence by @Johny86 in full, and merely add your facts to replace his para 3.  Easy!

This is not legal advice and by amending the defence we suggest, you are drafting your own defence.

Because you only need to do the above (adapt Johny's defence) it will take minutes to draft.

Honey1be

Good Evening,
                       Could you please review my defence statement (especially paragraph 3) below and provide any comments:

DEFENCE 

 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. It is admitted that on the material date the Defendant was the registered keeper of the vehicle in question, but liability is denied.  

3. As a significant amount of time has passed since the alleged offence, it is difficult to know the exact circumstances surrounding the visit to claimant’s site. It is however believed the Driver was a patron at M&S simply food store within the Moto Stafford services and did shopping there, due to covid restrictions there are chances that the driver might have overstayed in the sight than the free parking time period.   

4. The Defendant avers that the Claimant failed to serve a Notice to Keeper compliant with the Protection of Freedoms Act 2012. Consequently, the claimant cannot transfer liability for this charge to the Defendant as keeper of the vehicle.  

5. The Particulars of Claim ('POC') 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”.   

Honey1be

@Coupon-mad @B789 @KeithP and others, could you please review my defence statement above and provide your comments/suggestions. Thank you.

Not_A_Hope

I wouldn’t be writing this it is almost accepting responsibility

due to covid restrictions there are chances that the driver might have overstayed in the sight than the free parking time period.   

I would state how long it was before you were aware of the PCN and why. You need to make it clear that you didn’t see the signs. 

You perhaps need to clarify whether or not you were the driver or someone else might have been if you are using non-POFA as a defence.

Coupon-mad

I reckon just remove this; do not admit overstay:

due to covid restrictions there are chances that the driver might have overstayed in the sight than the free parking time period.   

And your defence will end up being about 34 paragraphs.

Le_Kirk

Honey1be 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. 

2. It is admitted that on the material date the Defendant was the registered keeper but not the driver of the vehicle in question, but liability is denied.  

3. As a significant amount of time has passed since the event alleged offence, it is difficult to know the exact circumstances surrounding the visit to claimant’s site. It is however believed the Driver was a patron at M&S simply food store within the Moto Stafford services and did shopping there, due to covid restrictions there are chances that the driver might have overstayed in the sight site than the free parking time period.   

4. The Defendant avers that the Claimant failed to serve a Notice to Keeper compliant with the Protection of Freedoms Act 2012. Consequently, the claimant cannot transfer liability for this charge to the Defendant as keeper of the vehicle.  

5. The Particulars of Claim ('POC') 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”.   

Couple of changes for you along with what others have suggested.  You don't need liability twice.  If you weren't the driver, always best to sate so but ask yourself what you would say if the judge asks an outright "were your the driver?".  It is not an offence!

Honey1be

@Le_Kirk @Coupon-mad and other, unfortunately I was the driver but I haven't yet disclosed it to the parking company yet. Is it good to disclose who the driver is or should i fight the case as registered keeper?

Honey1be

Coupon-mad said:

I reckon just remove this; do not admit overstay:

due to covid restrictions there are chances that the driver might have overstayed in the sight than the free parking time period.   

And your defence will end up being about 34 paragraphs.

@c@Coupon-mad My defence template only have 27 paragraphs, could you please ping me the latest defence template's link which has 34 paragraphs here. Thank you in advance.