Defence Submission Review - Civil Enforcement Ltd

Sukh_B_85

Hi all, please could you review the defence doc i have prepared. It totally follows the defence template as per the guidance on the other thread. Super appreciated.

For reference: Issue date on claim form is 29 Jun 2023.

1.     It is admitted that on the material date the Defendant was the hirer and driver of the vehicle in question.

 

2.     The defendant had visited The Great Western Pub for a total of 52 minutes for a drink after playing football at The Goals facility on Shepiston Lane (2-minute drive away). This premises is regularly visited by the defendant on Thursday evenings with friends after playing football at very similar times in the evening. This particular evening in late November was a dark evening and the car park was not very well lit in these conditions.

 

3.     The defendant can clearly recall entering the premises and immediately walking to the digital tablet to enter registration details for his vehicle at which point he discovered the screen was blank with a white background.

 

4.     Once the Landlord of the pub had restarted the digital tablet, it seemed to reboot and the defendant was able to submit his registration plate of the vehicle in question. The defendant has bank statements to prove that he was a paying customer on the evening of this alleged breach of terms/conditions (TC’s) and also has multiple witnesses to prove that the parking registration for the vehicle in question was submitted into the digital tablet after technical issues had been talked about and raised for attention by the landlord.

 

5.     The defendant therefore puts forward that no TC’s were breached as signage only states the following ‘parking conditions’; ‘The Great Western Customer Parking Only’ and that ‘Customers Must Obtain a Parking Permit at The Bar’. The defendant can provide evidence to support that both of these ‘parking conditions’ were fulfilled.  

 

6.     The defendant is still a very regular visitor to the Great Western Pub and the car park in question and would like to make the Judge aware that the Landlord has ceased services with Civil Enforcement Limited on their premises. The defendant would also like to state that parking signs have still not been removed by Civil Parking Limited from the premises.

I then go on and copy all other sections of the template without any edit as per guidance. Not sure if i should be removing anything else?

best regards

 

B789

That's more like a witness statement than a defence. What do the PoC allege? 

Sukh_B_85

as requested.

Sukh_B_85

B789 said:

That's more like a witness statement than a defence. What do the PoC allege? 

happy to amend as guided. thanks for the response so far.

KeithP

Sukh_B_85 said:

Issue date on claim form is 29 Jun 2023.

With a Claim Issue Date of 29th June, you had until Tuesday 18th July to file an Acknowledgment of Service. For the moment I'll assume you did that, but please confirm the date when you filed an Acknowledgment of Service.

Having filed an Acknowledgment of Service in a timely manner on 3rd July, you have until 4pm on Tuesday 1st August 2023 Monday 31st July 2023 to file your Defence.

That's just a few days 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 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'.

Coupon-mad

The above draft isn't based on the Template Defence so please start again as per KeithP's post above.

Sukh_B_85

KeithP said:

Sukh_B_85 said:

Issue date on claim form is 29 Jun 2023.

With a Claim Issue Date of 29th June, you had until Tuesday 18th July to file an Acknowledgment of Service. For the moment I'll assume you did that, but please confirm the date when you filed an Acknowledgment of Service.

Having filed an Acknowledgment of Service in a timely manner, you have until 4pm on Tuesday 1st August 2023 to file your Defence.

That's just a few days 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 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'.

Hi KeithP, I have submitted the AOS on the 02/07 and it was received as per the MCOL website on the 03/07.

Sukh_B_85

Coupon-mad said:

The above draft isn't based on the Template Defence so please start again as per KeithP's post above.

Hi Coupon-mad, not sure what you mean here? I have copied the template as per guidance, in the sense that I have written the 6 paragraphs above and the rest of the template has remain untouched. The 6 paragraphs of course may not comply with the direction given, but that is my interpretation. I can see comments above stating it reads more like a witness statement, so happy to follow any guidance given here? Should i cut it down, should i make it more punchy? What is the direction?

KeithP

Sukh_B_85 said:

KeithP said:

Sukh_B_85 said:

Issue date on claim form is 29 Jun 2023.

With a Claim Issue Date of 29th June, you had until Tuesday 18th July to file an Acknowledgment of Service. For the moment I'll assume you did that, but please confirm the date when you filed an Acknowledgment of Service.

Having filed an Acknowledgment of Service in a timely manner, you have until 4pm on Tuesday 1st August 2023 to file your Defence.

That's just a few days 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 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'.

Hi KeithP, I have submitted the AOS on the 02/07 and it was received as per the MCOL website on the 03/07.

Because you were a little quick off the mark with filing an Acknowledgment of Service, you have until 4pm on Monday 31st July 2023 to file your Defence.

I have amended my earlier post accordingly.

Coupon-mad

Sukh_B_85 said:

Coupon-mad said:

The above draft isn't based on the Template Defence so please start again as per KeithP's post above.

Hi Coupon-mad, not sure what you mean here? I have copied the template as per guidance, in the sense that I have written the 6 paragraphs above and the rest of the template has remain untouched. The 6 paragraphs of course may not comply with the direction given, but that is my interpretation. I can see comments above stating it reads more like a witness statement, so happy to follow any guidance given here? Should i cut it down, should i make it more punchy? What is the direction?

Ah, OK!  They look fine then, but I saw a typo near the end: "Civil Parking Limited".

Sukh_B_85

Coupon-mad said:

Sukh_B_85 said:

Coupon-mad said:

The above draft isn't based on the Template Defence so please start again as per KeithP's post above.

Hi Coupon-mad, not sure what you mean here? I have copied the template as per guidance, in the sense that I have written the 6 paragraphs above and the rest of the template has remain untouched. The 6 paragraphs of course may not comply with the direction given, but that is my interpretation. I can see comments above stating it reads more like a witness statement, so happy to follow any guidance given here? Should i cut it down, should i make it more punchy? What is the direction?

Ah, OK!  They look fine then, but I saw a typo near the end: "Civil Parking Limited".

thanks for that Coupon-mad - super appreciated - will submit the defence tomorrow and keep this thread updated on progress.