Claim Form recieved - do I need pointers on my defence... or pay up?

B789

Remember, you are answering the allegations made in the particulars of claim (PoC) which are more than likely very sparse, ambiguous and not definitive. Don't give them anything that they have not pleaded. Have they said that there are "reasonably sized signs advising of a time limit"? If not, then why bring up the fact that there is even any sign that advises any time limit? The template defence already covers signage which you will expand on in your WS.

Likewise, you can mention POPLA but it has no bearing on the claim. It would probably be better to rely on the lack of a POPLA code later in your WS and use it as evidence of unreasonable behaviour by the claimant for wasting the court's time. Just provide the "hook" for that by stating that the claimant did not abide by their ATA Code of Practice during the appeals process. No need to elaborate at this stage as you will expand on that at WS stage.

shizzlemynizzle

Thank you!

I've whittled this down:

2. It is admitted that the Defendant was the registered keeper and driver of the vehicle in question on that day.

3. The Defendant does not recall the specific circumstances of that unremarkable day over 10 months ago.

4. The Claimant did not abide by their ATA Code of Practice during the appeals process.

5. The Defendant has seen no actual evidence of continuous parking time and has no idea about any breach, which is denied.

I kept point 5 as a hook - as you suggested

Coupon-mad

Did you get this emailed today, and got an auto-response, given your deadline is today?

shizzlemynizzle

Coupon-mad said:

Did you get this emailed today, and got an auto-response, given your deadline is today?

I did indeed

In case it helps, that email address still isn't spitting out auto-confirmations from Gmail addresses (but it did for Hotmail) - might be useful for the newbies info post?

shizzlemynizzle

And also thanks for chasing, really appreciate it 👍

Coupon-mad

Don't send a SAR at all.

UncleThomasCobley

You may want to resend the N180 with a note to the allocating judge and the CEL v Chan transcript for the claim to be struck out.