claim form for parking - DCB legal

greatsag

where to send the draft for defence? I am not a native English speaker so want correct the draft.

KeithP

Have you filed an Acknowledgment of Service?
That's the first thing to do.
You have plenty of time.

Le_Kirk

greatsag said:

where to send the draft for defence? I am not a native English speaker so want correct the draft.

Post your paragraphs 2 & 3 on this forum and one or more of the regulars will critique it for you.  Once critiqued and edited, you add back the rest of the template pararaphs and send all of it by e-mail as per the instructions in the NEWBIE sticky or the template defence thread or a post by @KeithP here 16 September at 9:23PM <<<LINK

greatsag

is there anyone who can help me to write a defence? I am happy to pay a small amount. please let me know 
my English is poor so it is very difficult for me to write a defence 

greatsag

Hi,
I have written a defence where can I post whether it is okay or not? or some help

Thanks 

Le_Kirk

If you post your paragraphs 2 & 3 (and any that you have added) here, one of the regulars will critique it for you.  Do not post the whole of the template, we do not need to critique the author's, @Coupon-mad's work.

KeithP

On 16 September at 9:23PM I wrote on your thread...

With a Claim Issue Date of 13th September, you have until Monday 2nd October to file an Acknowledgment of Service but there is nothing to be gained by delaying it. 

To file an Acknowledgment of Service, follow the guidance in the Dropbox file linked from the second post in the NEWBIES thread.

On 17 September at 10:32PM I wrote on your thread...

Have you filed an Acknowledgment of Service?

You have not yet given any indication that you have filed an Acknowledgment of Service.

Please confirm that you have filed an Acknowledgment of Service.

greatsag

yes I have filed acknowledgment 

greatsag

I am Mr  the defendant in this matter. As an unrepresented litigant-in-person, I seek the permission of the Court to amend and supplement this defence as may be required upon disclosure of the case of the Claimant. Rebuttal of Claim - It is denied that: 

a) There was an agreement to pay a parking charge. b, A contract was formed. c) That in addition to the Parking charge, there was an agreement to pay additional and unspecified additional sums. e) The Claimant company fully complied with their obligations within the terms of Schedule 4 of the Protection of Freedoms Act 2012. f) The Claimant company fully complied with their obligations within the Approved Operator Scheme (AOS) Code of Practice of which they were members at the time. g) That the defendant is liable for the purported debt. 

It is further denied that the defendant owes any debt to the Claimant and that in any event, the Claimant has failed to comply with the requirements of the Civil Procedure Rules and that their claim is both unfounded and vexatious. h) The Claimant is put to the strictest proof of their assertions. My defence to this claim relies principally on these main points, as follows: 

a)The Claimant has not provided evidence of any breach of terms and conditions and I deny being liable for this charge. There is no evidence of clear and compliant signage including entrance signage on the date of the alleged parking event – without clear signage informing of the terms and conditions the parking charge is invalid. b) The Claimant has not provided any evidence that they are the creditor and have the authority to issue parking charges in this area. As the Claimant company is not the owner of this land they cannot form a contract with the person they claim to be the driver. The Claimant must a) provide the written authorisation of the landowner (or their appointed agent) b)The written confirmation must be given before they can start operating on the land in question and give them the authority to carry out all the aspects of car park management for the site that they are responsible for.

furthermore, The facts in this defence come from the Defendant's own knowledge and honest belief.  The POC appear to be in breach of CPR 16.4, 16PD3 and 16PD7, and fails to "state all facts necessary for the purpose of formulating a complete cause of action". The Defendant is unable, on the basis of the POC, to understand with certainty what case, allegation(s) and what heads of cost are being pursued, making it difficult to respond. However, the vehicle is recognised and it is admitted that the Defendant was the registered keeper but not the driver 

It is admitted that the Defendant was the registered keeper of the vehicle in question. The Defendant was not the driver of the vehicle on the date in question. As I was away for working that day, I am more than happy to produce a witness statement from the organisation that will illustrate that the Defendant was working.

On 09/12/2022 at 13:47, I made a telephone call to the Claimant/Solicitors (DCB legal LTD- I know the name of the person who received the call - I am not sure I can write the name here ) and informed them that I was not the driver for that day and given the name of the driver as well as requested to record the calls as it will useful in case the case goes to the court. They informed me that the calls are recorded and will be available at any time.

In summary, the particulars of the Claimant disclose no legal basis for the sum claimed and it is the position of the Defendant that the poorly pleaded claim discloses no cause of action and no liability in law for any sum at all. 

I believe the facts in this defence to be true 

greatsag

I don't know whther i can post like this or not. if not please delete it