UKPC defense draft, could someone have a look please?

B789

Yogibear0909 said:
I can't confirm this as I don't remember exact dates of travel, but I was probably out of country around the time PCN was issued also, I changed address a few weeks after that.

If you can prove you were out of the country at the time of the PCN issue then you must state that in any defence. Do you have tickets/boarding cards/passport stamps or anything that can evidence you were out of the country?

Coupon-mad

Remove your para 2 because the LAST thing you want is for the court to faff about and hand them a lifeline to re-write better POC!

This point is far better covered by paras 5-11 from Johny86's defence, about the woeful POC, and which clearly says the court should not hand them a lifeline. You already have that section (I think) so why ruin it with that para 2?

Yogibear0909

Coupon-mad said:

Remove your para 2 because the LAST thing you want is for the court to faff about and hand them a lifeline to re-write better POC!

This point is far better covered by paras 5-11 from Johny86's defence, about the woeful POC, and which clearly says the court should not hand them a lifeline. You already have that section (I think) so why ruin it with that para 2?

Thank you, really appreciate the input, I have deleted no 2, this is how first three points looks like now, I will add rest of the paras after point 7 to no 36 

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.

The facts as known to the Defendant:

2. It is admitted that the Defendant was the registered keeper of the vehicle. The vehicle was insured with XXXXXX with three named drivers permitted to use it. The defendant is unable to recall who was driving the vehicle on an unremarkable date over 3 years ago. 

3. Defendant has no knowledge of the parking contravention and has no record of receiving any notice of parking charges or letters from the claimant.  

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”.

6. The Defendant is unable, on the basis of the POC, to understand with certainty what case is being pursued.

7. The POC 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; and (c) how the purported and unspecified 'damages' arose and the breakdown of the exaggerated quantum.