defence for pcn from 5 years ago. please provide feedback.

marjoria

1505grandad said:

" I have used the template and only put in my part in point 3 which i have put in bold."

I have not read all of it but are you using the Template D?  -  for instance a quick skim (we don't usually need to see all the paras only added/amended) the heading "Exaggerated Claim and 'market failure' currently being addressed by UK Government" is not present.

i have used the august 2023 version. i have now put in the heading.

Coupon-mad said:

This isn't needed:

The Defendant can confirm that there was no agreement nor arrangement in place for payment/s.

Para 3 should tell the Judge some facts about the location and why the car was there, and what went wrong (and whether the Defendant was driving).

It can't be right to criticise the C for filing a claim that is devoid of facts, if you do the same thing in your defence!

sorry, it was not intentional. it was many years ago, so not sure what to put then. the vehicle was a hire and i sent them the standard letter from here put they never responded nor did it go to popla. now they have just popped up. i did not even recieve a pre action letter. 

Coupon-mad

Copy the unremarkable day defence versions of para 3 then (search the forum for recent examples only).

1505grandad

What is the full name of the claimant?

marjoria

i have removed all that i wrote in para 3 and merely put -  3. The Defendant cannot recall why they were at the location on an unremarkable day nearly six years ago and so has no knowledge of any signs related to restriction on entry.

is that okay. and where does this leave me in terms of the next part/ witness statment.... 

1505grandad said:

What is the full name of the claimant?

met parking. 

KeithP

marjoria said:

1505grandad said:

What is the full name of the claimant?

met parking. 

Really??
Do you perhaps mean MET Parking Services Ltd?

Coupon-mad

I'd add to it:

3. The Defendant cannot recall why they were at the location on an unremarkable day nearly six years ago and so has no knowledge of any signs or restrictions.  The Defendant is not in the habit of breaching rules and firmly believes that the signage was inadequate, and has no idea which terms they are alleged to have breached.   No PCN was affixed to the car and because it was a hire vehicle, the Defendant was unaware of the purported parking charge for several weeks.  The Defendant did not ignore the eventual unexpected and unwelcome arrival of the Notice to Hirer and immediately disputed the matter, but received no reply.  Neither was there a pre-action letter.  This claim was a shock and the Claimant has failed to communicate any information about the matter over the years. The Claimant is put to strict proof of the facts and signage, as well as the allegation (whatever it may be, given the fact that the Claim fails to specify it).

KeithP

marjoria said:

I am going to send it in before end of business day today.

Why are you planning to file your Defence today?
Earlier I wrote...

...you have until 4pm on Monday 11th September 2023 to file your Defence.