Urgent, court hearing in July, WHAT NEXT :(

ISTIAWAN

Coupon-mad said:

The above draft is not the Template Defence.

Read other DCBLegal claims threads over athe past 2 months.  Copy the added paragraphs by @Johny86

Thanks for the reply, I have read many of the threads and came across this template for residential issues, I have read Johny stuff but it seemed less relevant? Am I wrong to assume that 

B789

This is an example of a Johny86 type defence:

https://www.dropbox.com/s/66hosld75llha3j/2023_defence.pdf?dl=0

Note how many paragraphs there are.

Coupon-mad

ISTIAWAN said:

Coupon-mad said:

The above draft is not the Template Defence.

Read other DCBLegal claims threads over athe past 2 months.  Copy the added paragraphs by @Johny86

Thanks for the reply, I have read many of the threads and came across this template for residential issues, I have read Johny stuff but it seemed less relevant? Am I wrong to assume that 

You are wrong to assume that.

We recommend you just use that defence and change para 3 to mention vaguely something about the car park and why you were authorised to be there.  You don't respond to a specific allegation that isn't in the POC.

Para 2 and para 4 depend on whether you are admitting to driving or were not.

ISTIAWAN

Superb, I will get onto it today - I hadn’t found he drop box file so this is the one I will adapt as instructed.

I just want to add a huge thank you all for your time and patience and knowledge.
I know this isn’t the end of this but you guys helped me beyond words. THANKS
I don’t know where you’re based but if anyone is ever near HP3 I will happily shout you MULTIPLE pints of goodness!
Thank you  

Coupon-mad

ISTIAWAN said:

Superb, I will get onto it today - I hadn’t found he drop box file so this is the one I will adapt as instructed.

I just want to add a huge thank you all for your time and patience and knowledge.
I know this isn’t the end of this but you guys helped me beyond words. THANKS
I don’t know where you’re based but if anyone is ever near HP3 I will happily shout you MULTIPLE pints of goodness!
Thank you  

Show us your paras 2, 3 and 4 for critique, and in your para 3 don't talk about the specifics of an allegation that isn't stated in the POC.

ISTIAWAN

Coupon-mad said:

ISTIAWAN said:

Superb, I will get onto it today - I hadn’t found he drop box file so this is the one I will adapt as instructed.

I just want to add a huge thank you all for your time and patience and knowledge.
I know this isn’t the end of this but you guys helped me beyond words. THANKS
I don’t know where you’re based but if anyone is ever near HP3 I will happily shout you MULTIPLE pints of goodness!
Thank you  

Show us your paras 2, 3 and 4 for critique, and in your para 3 don't talk about the specifics of an allegation that isn't stated in the POC.

Thanks so much again everyone - I have changed paragraphs 2 & 3 & 4 to this.  I have left everything else as per the dropbox template above, attached here by B789 previously. 

2. It is admitted that on the material date the Defendant was the registered keeper of vehicle registration mark*********** which is the subject of these proceedings. The vehicle is insured with ******* Car Insurance with 2 named drivers permitted to use it.

3. It is denied that the Defendant or lawful users of his/her vehicle were in breach of any parking conditions or were not permitted to park in circumstances. The Defendant is the current occupier and leaseholder of *********** whose tenancy agreement permits the parking of vehicle(s) on land. The Defendant avers that there was an absolute entitlement to park deriving from the terms of the lease, which cannot be fettered by any alleged parking terms. The lease terms provide the right to park a vehicle in the relevant areas, without limitation as to type of vehicle, ownership of vehicle, the user of the vehicle and states no requirement to display a parking permit. A copy of the lease will be provided to the Court.

4.The Defendant avers that the operator’s signs cannot (i) override the existing rights enjoyed by residents and their visitors and (ii) that parking easements cannot retrospectively and unilaterally be restricted where provided for within the lease. 

The Defendant will rely upon the judgments on appeal of HHJ Harris QC in Jopson v Homeguard Services Ltd (2016) and of Sir Christopher Slade in K-Sultana Saeed v Plustrade Ltd [2001] EWCA Civ 2011. The Court will be referred to further similar fact cases in the event that this matter proceeds to trial.

ISTIAWAN

 its me again! sorry - I am trying to use the dropbox template but I cant work the font? As i cant seem to edit it I will have to type a few pages. Any idea on the font and size please? Is there a legal requirement with this? 

Coupon-mad

You can't be both a leaseholder (flat owner) and a tenant (renting).  Remove the one that's wrong.

And I'd move this sentence out of 3 and up into the end of para 2, and please choose your correct pronoun because I'd hazard a guess that you aren't both his and her!

"It is denied that the Defendant or lawful users of his/her vehicle were in breach of any parking conditions or were not permitted to park in circumstances."

The font and size is stated in the Template Defence thread isn't it?  In the first 12 steps?

If not then bargepole tells you in his Court Procedures thread which is linked in the NEWBIES sticky thread under the red capitals heading 'IMPORTANT: KNOW WHAT HAPPENS WHEN'.

ISTIAWAN

Coupon-mad said:

You can't be both a leaseholder (flat owner) and a tenant (renting).  Remove the one that's wrong.


"It is denied that the Defendant or lawful users of his/her vehicle were in breach of any parking conditions or were not permitted to park in circumstances."

The font and size is stated in the Template Defence thread isn't it?  In the first 12 steps?

If not then bargepole tells you in his Court Procedures thread which is linked in the NEWBIES sticky thread under the red capitals heading 'IMPORTANT: KNOW WHAT HAPPENS WHEN’

Oh yes - well spotted - thank you! I am a tenant. 

I left his and her as no liability to the driver but have removed it to simply say “the”

I will go on the hunt for the template defence and bargepole x much obliged x 

Coupon-mad

No, the his/her refers to you alone.  Change it.