I have recieved a money claim form, and this is my defence

CaZzie

Hi

I have recieved a money claim, i applied for acknowledgement of service, within the timeline, and this is my defence. Can someone tell me if this is OK.

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.

The facts as known to the Defendant:

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

3. The defendant was visiting a friend at the said residential site, the defendant was permitted visitor. The defendant was given the address to drop off a parcel, however after entering the block and trying without any success to find the right flat, the defendant returned to the defendant’s car to find that a ticket was issued. A car parking attendant could not be found.

4. The facts in this defence come from the Defendant's own knowledge and honest belief.  To pre-empt the usual template responses from this serial litigator: the court process is outside of the Defendant's life experience and they cannot be criticised for using, in part, pre-written wording suggested by a reliable online help resource. The Claimant is urged not to patronise the D

Boat_to_Bolivia

The bigger picture is always preferable.

As in which PPC, which solicitor, the PoC, where was the car park etc?

KeithP

What is the Issue Date on your County Court Claim Form?

Upon what date did you file an Acknowledgment of Service? Your MCOL Claim History will have the definitive answer.

Who is the Claimant?

CaZzie

Hi

Thanks for replying. The issoe date is 20 April, I submitted acknowledment on 28 April. Its UK parking control and DCB legal. I have read the newbies section, but wanted advise on my defence

CaZzie

@Boat_to_Bolivia , By bigger picture…shall i elaborate on my defence, the address of the flats and who issued the ticket? That info is already on the claim

Boat_to_Bolivia

That is why I asked for the bigger picture.

Adapt the defence by @Johny86 as used in all recent DCB Legal claims.

They have a tendancy to discontinue before it reaches court so just follow the advice here.

KeithP

With a Claim Issue Date of 20th April, and having filed an Acknowledgment of Service in a timely manner, you have until 4pm on Tuesday 23rd May 2023 to file your Defence.

That's three weeks away. Plenty of time to produce a Defence, but please don't leave it to the last minute.

To create a Defence, and then file a Defence by email, look at the second post in the NEWBIES thread.

Don't miss the deadline for filing an Acknowledgment of Service, nor that for filing a Defence.

Do not try and file a Defence via the MoneyClaimOnline website. Once an Acknowledgment of Service has been filed, the MCOL website should be treated as 'read only'.

CaZzie

@Boat_to_Bolivia ,Many thanks for your reply, i cannot find the defence by johny66. I copied the defence sheet from the NEWBIES forum. How do i navigate to Johny66

Boat_to_Bolivia

@Johny86 is a link to his user profile. Click on it and look for his discussions. You will find his defence in his latest discussion, but use the final version towards the end. HTH

ETA link here

https://forums.moneysavingexpert.com/discussion/6425559/ukpc-court-claim

KeithP

"i cannot find the defence by johny66"

"How do i navigate to Johny66"

It's @Johny86, not 66.

CaZzie

Thanks all. I have read Johny defence, but isnt my case different, as mine was a residential car park for the flats.