Preparing Defence for UKPC Court Claim

TheCornishGuy

Hi All,

I have drafted my defence below, some feedback would be much appreciated! Also just to give you the reason for the parking ticket, basically, it was for 'Not parked correctly within the markings of the bay or space'.

 

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

3. On Wednesday 7 August 2019, the Defendant was attending the gym, which was situated on Findley Road Retail Park, Kings Heath, Birmingham.  At point of entry the Defendant parked the vehicle in what appeared to be a designated parking bay. However, to the Defendant’s knowledge the parking bay in which the vehicle was parked had no distinctive and highly visible parking lines to show that this was a parking bay. As a result, the Defendant received a parking ticket. This was uncalled for as the Defendant parked in a bay that was deceptive and misleading due to the lack of clear signage and car park striping.

Coupon-mad

Remove all this:

"However, to the Defendant’s knowledge the parking bay in which the vehicle was parked had no distinctive and highly visible parking lines to show that this was a parking bay."

And we hope you are using the longer template by Johny86 that has the extra paragraphs 5-11?  Very good but REMOVE his para 4 = not relevant to you.

TheCornishGuy

Oh ok! Why remove?

I have been using the template example that @B789 suggested in this thread. I've used this below for paragraph 4 - is it ok to use?

Thank you

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 Defendant with (ironically template) unfounded accusations of not understanding their defence.

KeithP

TheCornishGuy said:

Oh ok! Why remove?

Because it clearly states that you chose to park outside of a marked bay.

Boat_to_Bolivia

..and to add to KP's post, where does it say in the PoC that the speculative invoice was issued because you parked outside a bay?

TheCornishGuy

Sorry @Coupon-mad ignore that! Paragraph 4 is actually Paragraph 12 on the template.

TheCornishGuy

  


@Boat_to_Bolivia

Umkomaas

TheCornishGuy said:

  


@Boat_to_Bolivia

But that isn't the  POC. That's the Notice to Keeper. It's the charges in the POC you are now defending. If DCB Legal can't put in the most basic of effort to get the POC right, then why are you wanting to help them?

TheCornishGuy

@Umkomaas this is the one I got from DCB Legal?

TheCornishGuy

I came across this paragraph below under 'POFA and CRA breaches' on the template. I'm not sure whether to keep it in or not, can anyone please advise?

Pursuant to Schedule 4 paragraph 4(5) of the Protection of Freedoms Act 2012 ('the POFA') the sum claimed exceeds the maximum potentially recoverable from a registered keeper, even in cases where a firm may have complied with other POFA requirements (adequate signage, Notice to Keeper wording/dates, and a properly communicated 'relevant contract/relevant obligation'). If seeking keeper/hirer liability - unclear from the POC - the Claimant is put to strict proof of full compliance and liability transferred.