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I have received a Court Claim Form and am looking for help with my defence. Link Parking & BW Legal.

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Comments

  • Umkomaas
    Umkomaas Posts: 43,493 Forumite
    Part of the Furniture 10,000 Posts Name Dropper Photogenic
    edited 17 July 2023 at 9:46AM
    3.4. The defendant would like to emphasise avers that the vehicle was stopped for a mere five minutes while the driver loaded the car, on a section of road that was believed to be unmarked
    State alongside this that the Defendant will rely on the Appeal Court decision in 'Laura Jopson v Homeguard Services 9GF0A9E'.  (Note: you will attach the transcript at the WS stage, later in the process). 
    Please note, we are not a legal advice forum. I personally don't get involved in critiquing court case Defences/Witness Statements, so unable to help on that front. Please don't ask. .

    I provide only my personal opinion, it is not a legal opinion, it is simply a personal one. I am not a lawyer.

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  • 1505grandad
    1505grandad Posts: 3,845 Forumite
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    Also I believe it is registered "keeper" not "owner"  -  that will be stated on the relevant docs.
  • Coupon-mad
    Coupon-mad Posts: 153,405 Forumite
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    And this stntence makes no sense if you were not driving:

    "The defendant is denying that a contract existed between the claimant and themselves"
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  • B789
    B789 Posts: 3,441 Forumite
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    We already know that you are "offering a defence" because this is the defence. No need to state the bleedin' obvious.

    Try not to be too verbose and don't give the claimant ammunition by making their case for them. Things like "The defendant is putting forward a defence against this claim as they believe it is predatory and without merit." could be shortened to "The claim is predatory and without merit." why waffle?

    "the evidential photographs provided by the claimant..." is pretty useless at this point because no evidence is submitted with the defence.

    "The claimant is asserting that the car which the defendant is the registered owner of was parked in breach of contract." is also useless as that has already been stated in the PoC. Anyway, you already stated in para #2 that you were the RK. Also, what is the "registered owner"? There is no such thing.

    You only need to say that your defence will rely on the absence of signage and that no contract existed as any signs that were there were forbidding. If you are relying on the fact that you were not parked but loading or unloading or some other vicissitude of short duration then mention that you will be relying on the appeal court decision of Jopson v Homeguard which is persuasive on the lower courts.

    How on earth can you use the defence to argue an unfair appeals process? That is not in their claim so why waffle on about that? Pointless.

    You were also told to just renumber all paragraphs sequentially. None of this sub-numbering nonsense.

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